Wikler Family Practice Associates v. DaVita Medical IPA Nevada, LLC
Plaintiff: Wikler Family Practice Associates
Defendant: DaVita Medical IPA Nevada, LLC
Case Number: 2:2018cv01477
Filed: August 8, 2018
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Miranda M Du
Referring Judge: Cam Ferenbach
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 23, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 23, 2018 Filing 30 MINUTES OF PROCEEDINGS - Telephonic Motion Hearing held on 8/23/2018 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Aviva Gordon; Def Counsel: Joshua Dickey, Paul Williams; Court Reporter: Kathy French; Time of Hearing: 2:05 PM - 2:27 PM; Courtroom: 1. The Court has reviewed the motions for temporary restraining order/preliminary injunction (ECF Nos. #6 , #7 , 8 , 9 ) the responses (ECF Nos. #22 , #23 , 24 , 25 .) The Court has reviewed Plaintiff's motion to seal (ECF No. #15 and Defendant's motion to seal (ECF No. #26 . For the reasons stated in open court, Plaintiff's motion to seal (ECF No. 15] is granted. The Court will unseal the sealed motion but will retain the exhibits in a sealed condition. For the reasons stated on the record, Defendant's motion to seal (ECF no. #26 ) is granted. The responses will be unsealed but the attached exhibits will remain under seal. Ms. Gordon advises that her clients are listening on a muted phone. Mr. Dickey and Ms. Gordon present argument on the jurisdiction question raised by the Court in its minute order (ECF No. 29 .) The Court advises counsel that it will issue an oral ruling. The Court makes findings for the record. For the reasons stated in open court, the Court orders this matter remanded to state court for lack of subject matter jurisdiction. The Court will not address the pending motions. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
August 23, 2018 Filing 29 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 8/23/2018. By Deputy Clerk: Peggie Vannozzi. The hearing on Plaintiff's motions (ECF NOs. #6 . #7 , 8 , and 9 ) set for August 23, 2018 at 3 :30 PM in Las Vegas Courtroom 4B before Judge Miranda M. Du is reset to August 23, 2018 at 1:30 PM in Reno Courtroom 5. The hearing will be by telephonic conference. Counsel are directed to call 1-888-251-2909, and enter code 3803398 and password 123456. The use of speaker phones and/or cell phones is prohibited. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
August 21, 2018 Filing 28 REPLY to Response to #7 Motion for Preliminary Injunction, by Plaintiff Wikler Family Practice Associates. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Gordon, Aviva)
August 21, 2018 Filing 27 REPLY to Response to #6 Motion for TRO, by Plaintiff Wikler Family Practice Associates. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Gordon, Aviva)
August 20, 2018 Filing 26 MOTION to Seal #22 Response, #23 Response, #1 Petition for Removal,, by Defendant DaVita Medical IPA Nevada, LLC. (Williams, Paul)
August 20, 2018 Filing 23 RESPONSE to #7 Motion for Preliminary Injunction, by Defendant DaVita Medical IPA Nevada, LLC. Replies due by 8/27/2018. (Attachments: #1 Index, #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 Exhibit K, #13 Exhibit L) (Dickey, Joshua)
August 20, 2018 Filing 22 RESPONSE to #6 Motion for TRO, by Defendant DaVita Medical IPA Nevada, LLC. Replies due by 8/27/2018. (Attachments: #1 Index, #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 Exhibit K, #13 Exhibit L) (Dickey, Joshua)
August 20, 2018 Filing 21 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 8/20/2018. By Deputy Clerk: Peggie Vannozzi. The court questions whether the amount in controversy has been satisfied. Defendant, as the party who removed this action, bears the burden of demonstrating by a preponderance of the evidence that the amount in controversy exceeds $75,000. See Guglielmino v. McKee Foods Corp., 506 F.3d 696, 699-701 (9th Cir. 2007). The parties, particularly Defendant, should be prepared to address the Courts jurisdiction at the hearing set for August 23, 2018. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
August 20, 2018 Filing 20 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 8/20/2018. The Court finds that Defendant has not demonstrated good cause to file its response brief in access of the page limit. The allegations in the complaint are not complicated and the motion at issue is 13 pages in length. Defendant's motion to file oversized brief (ECF No. #19 ) is denied. Defendant will be given until the end of the day to file a response brief that complies with LR 7-3(c)'s page limit. In fact, the Court encourages Defendant to endeavor to file a shorter brief and not feel the need to utilize the full page limit. Defendant's response (ECF Nos. #17 , 18 ) will be stricken. (Copies have been distributed pursuant to the NEF - PAV)
August 17, 2018 Filing 19 MOTION for Leave to File Excess Pages re #17 Response, by Defendant DaVita Medical IPA Nevada, LLC. (Williams, Paul)
August 17, 2018 Filing 17 STRICKEN PER ECF NO. 20 RESPONSE to #6 Motion for TRO, #7 Motion for Preliminary Injunction, by Defendant DaVita Medical IPA Nevada, LLC. Replies due by 8/24/2018. (Attachments: #1 Index, #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 Exhibit K, #13 Exhibit L) (Dickey, Joshua) Modified to strike on 8/20/2018 (PAV).
August 10, 2018 Filing 16 SUMMONS ISSUED as to DaVita Medical IPA Nevada, LLC re #1 -2 Complaint. (KW) (Main Document 16 replaced on 8/10/2018) (KW).
August 10, 2018 Filing 15 MOTION to Seal by Plaintiff Wikler Family Practice Associates. (Gordon, Aviva)
August 10, 2018 Filing 14 CERTIFICATE OF SERVICE for #7 Motion for Preliminary Injunction, by Plaintiff Wikler Family Practice Associates. (Gordon, Aviva)
August 10, 2018 Filing 13 CERTIFICATE OF SERVICE for #6 Motion for TRO, by Plaintiff Wikler Family Practice Associates. (Gordon, Aviva)
August 10, 2018 Filing 12 PROPOSED SUMMONS to be issued by Plaintiff Wikler Family Practice Associates. (Gordon, Aviva)
August 10, 2018 Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 8/10/2018. By Deputy Clerk: Peggie Vannozzi. Before the Court are Plaintiff Wikler Family Practice Associates' sealed and redacted emergency motions for temporary restraining order and for preliminary injunction (ECF Nos. #6 , #7 , 8 , 9 ). These filings comply with LR 7-4(a) regarding emergency motions. Accordingly, the Court orders that Defendant Davita Medical IPA Nevada, LLC (fka JSA P5Nevada, LLC) dba Healthcare Partners of Nevada, LLC respond to Plaintiff's emergency motions by August 17, 2018. Plaintiff will have until August 21 to file a reply. A hearing is set on Plaintiff's motions (ECF Nos. #6 , #7 , 8 , and 9 ) for August 23, 2018 at 3:30 PM in Las Vegas Courtroom 4B before Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
August 10, 2018 Filing 10 CERTIFICATE of Interested Parties by Wikler Family Practice Associates. There are no known interested parties other than those participating in the case (Gordon, Aviva)
August 10, 2018 Filing 7 Emergency MOTION for Preliminary Injunction by Plaintiff Wikler Family Practice Associates. Responses due by 8/24/2018. (Attachments: #1 Exhibit Redacted verified complaint part 1, #2 Exhibit redacted verified complaint part 2, #3 Exhibit Wikler affidavit, #4 Exhibit Gordon declaration)(Gordon, Aviva)
August 10, 2018 Filing 6 Emergency MOTION for Temporary Restraining Order by Plaintiff Wikler Family Practice Associates. (Attachments: #1 Exhibit Redacted verified complaint part 1, #2 Exhibit redacted verified complaint part 2, #3 Exhibit Wikler affidavit, #4 Exhibit Gordon Declaration)(Gordon, Aviva)
August 9, 2018 Opinion or Order Filing 5 STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov Signed by Judge Miranda M. Du on 8/9/2018. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
August 9, 2018 Filing 4 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 8/9/2018. Statement regarding removed action is due by 8/24/2018. Joint Status Report regarding removed action is due by 9/8/2018. (Copies have been distributed pursuant to the NEF - JM)
August 9, 2018 Filing 3 CERTIFICATE of Interested Parties by DaVita Medical IPA Nevada, LLC that identifies all parties that have an interest in the outcome of this case. Corporate Parent DaVita Inc. for DaVita Medical IPA Nevada, LLC added. (Williams, Paul)
August 8, 2018 Case assigned to Judge Miranda M. Du and Magistrate Judge Cam Ferenbach. (JM)
August 8, 2018 Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Clark County, Nevada, Case Number A-18-779033-B, (Filing fee $ 400 receipt number 0978-5188950) by DaVita Medical IPA Nevada, LLC. Proof of service due by 11/5/2018. (Attachments: #1 Index, #2 Exhibit A, #3 Civil Cover Sheet)(Dickey, Joshua) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.

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Defendant: DaVita Medical IPA Nevada, LLC
Represented By: Joshua M Dickey
Represented By: Paul C. Williams
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Plaintiff: Wikler Family Practice Associates
Represented By: Aviva Y Gordon
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