Fremont Emergency Services, LTD. v. UnitedHealthcare Insurance Company et al
| Fremont Emergency Services, LTD. |
| UnitedHealthcare Insurance Company and UnitedHealthCare Services, Inc. |
| 2:2022cv01118 |
| July 13, 2022 |
| US District Court for the District of Nevada |
| Cristina D Silva |
| Brenda Weksler |
| Other Statutory Actions |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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Filing 65
ORDER granting #64 Motion to Withdraw as Attorney. Charles C. Gokey withdrawn from the case. Signed by Magistrate Judge Brenda Weksler on 2/9/2023. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 64 MOTION to Withdraw as Attorney by Charlie C. Gokey for Defendants UnitedHealthCare Services, Inc., UnitedHealthcare Insurance Company. Responses due by 2/22/2023. (Smith, Brianna) |
| Filing 63 NOTICE: Attorney Action Required to #62 Notice (Other). Attorney Jessica Petit advised to review the docket sheet and the notice and update your user information account. (no image attached) (WJ) Modified on 1/20/2023 COMPLIED (WJ). |
| Filing 62 NOTICE Notice of Change of Firm Address by UnitedHealthCare Services, Inc., UnitedHealthcare Insurance Company.. (Smith, Brianna) |
| Filing 61 CLERK'S NOTICE Regarding Local Rule IC 2-2(d). ECF No. #60 was not filed pursuant to LR IC 2-2(d). Documents must be linked to the document to which they pertain in the electronic filing system. The Clerk has modified the entry to properly establish the docket-entry relationship. Attorney is advised to properly link all further filed documents. (no image attached) (WJ) |
| Filing 60 REPLY to #59 Response by Plaintiff Fremont Emergency Services, LTD.. (Finch, Renee) Modified on 12/20/2022 linked #57 (WJ). |
| Filing 59 RESPONSE to #57 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1, by Defendants UnitedHealthCare Services, Inc., UnitedHealthcare Insurance Company. (Smith, Brianna) |
| Filing 58 EXHIBIT A to #57 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1, by Plaintiff Fremont Emergency Services, LTD.. (Finch, Renee) |
| Filing 57 OBJECTION/APPEAL Magistrate Judge order or ruling under LR IB 3-1 re 55 Order on Motion to Stay Case,,,,,, Order on Discovery Plan and Scheduling Order,,,,,, Motion Hearing,,,,, by Plaintiff Fremont Emergency Services, LTD... Responses due by 12/12/2022. (Finch, Renee) |
| Filing 56 TRANSCRIPT of Proceedings, 55 Order on Motion to Stay Case, Order on Discovery Plan and Scheduling Order, Motion Hearing, held on 11/14/2022, before Magistrate Judge Brenda Weksler. Court Reporter/Transcriber: Samantha McNett, SNM@nvd.uscourts.gov. Recording start and end times: 1:05 p.m. - 1:11 p.m.. Any Redaction Request is due by 12/7/2022. Redacted Transcript Deadline is set for 12/17/2022. Release of the Transcript Restriction is set for 2/14/2023. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (SNM) |
| Filing 55 MINUTES OF PROCEEDINGS - Motion Hearing held on 11/14/2022 before Magistrate Judge Brenda Weksler. Crtrm Administrator: Jeff Miller; Pla Counsel: Renee Finch, Esq., Justin Fineberg, Esq., Benjamin Shiekman, Esq., Annette Tucker, Esq.; Def Counsel: Brianna Smith, Esq., Jessica Pettit, Esq., Jamie Kurtz, Esq., Charles Gokey, Esq.; Time of Hearing: 1:00pm; Electronic Court Recorder Operator: Liberty/CRD; Recording start and end times: 1:05:00 - 1:11:30; Courtroom: 3B; All parties appear via videoconference for these proceedings. The Court scheduled this matter regarding Defendant's Motion to Stay #40 . The Court summarizes the related filings. The Court will issue it's ruling without need for further argument from the parties. The transcripts of these proceedings will serve as the written Order of the Court. The Court makes findings for the record. IT IS ORDERED: Defendant's Motion to Stay #40 is GRANTED, IT IS ORDERED: Proposed Stipulated Discovery Plan and Scheduling Order #47 is DENIED as MOOT, IT IS ORDERED: A Proposed Stipulated Discovery Plan and Scheduling Order shall be filed within 14 days after Defendant's Motion to Dismiss #29 is ruled on for any claims that survive. (no image attached) (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 54 REPLY to Response to #29 Motion to Dismiss, by Defendants UnitedHealthCare Services, Inc., UnitedHealthcare Insurance Company. (Smith, Brianna) |
| Filing 53 REPLY to Response to #40 Motion to Stay Case or Discovery by Defendants UnitedHealthCare Services, Inc., UnitedHealthcare Insurance Company. (Smith, Brianna) |
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Filing 52
ORDER granting #51 Stipulation Re: #40 Motion to Stay Case and #29 Motion to Dismiss. Replies due by 11/9/2022. Signed by Magistrate Judge Brenda Weksler on 11/4/2022. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 51 STIPULATION FOR EXTENSION OF TIME (First Request) STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR DEFENDANTS' REPLY IN SUPPORT OF THEIR MOTION TO STAY DISCOVERY re #40 Motion to Stay Case or Discovery, #50 Response by Defendants UnitedHealthCare Services, Inc., UnitedHealthcare Insurance Company. (Smith, Brianna) (extend) (nondispositive) |
| Filing 50 RESPONSE to #40 Motion to Stay Case or Discovery by Plaintiff Fremont Emergency Services, LTD.. Replies due by 10/28/2022. (Finch, Renee) |
| Filing 49 RESPONSE to #29 Motion to Dismiss, by Plaintiff Fremont Emergency Services, LTD.. Replies due by 10/28/2022. (Finch, Renee) |
| Filing 48 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 10/20/2022. Regarding ECF No. #47 Discovery Plan and Scheduling Order: Motion hearing is set for 11/14/2022 at 1:00 p.m. in LV Courtroom 3B by Zoom video conference before Magistrate Judge Brenda Weksler. To obtain a Zoom invitation, parties are kindly directed to contact courtroom administrator Jeff Miller at jeff_miller@nvd.uscourts.gov no later than noon on the business day before the hearing but no sooner than one week before the hearing.(no image attached) (Copies have been distributed pursuant to the NEF - RA) |
| Filing 47 Stipulated Discovery Plan and Scheduling Order by Plaintiff Fremont Emergency Services, LTD... (Finch, Renee) |
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Filing 46
ORDER granting #45 Stipulation Re: #29 Motion to Dismiss, Responses due by 10/21/2022. Replies due by 11/9/2022. Signed by Judge Cristina D. Silva on 10/17/2022. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 45 STIPULATION FOR EXTENSION OF TIME (Second Request) to File a Response to re #29 Motion to Dismiss, by Plaintiff Fremont Emergency Services, LTD.. (Finch, Renee) (extend) (sumjgm) |
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Filing 44
ORDER granting #43 Stipulation Re: #40 Motion to Stay Case or Discovery. Responses due by 10/21/2022. Replies due by 11/4/2022. Signed by Magistrate Judge Brenda Weksler on 10/11/2022. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 43 STIPULATION FOR EXTENSION OF TIME (First Request) for Plaintiff's Response and Defendants' Reply re #40 Motion to Stay Case or Discovery by Plaintiff Fremont Emergency Services, LTD.. (Finch, Renee) (extend) (sumjgm) |
| Filing 42 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 10/3/2022. Regarding ECF No. #40 Defendants' Motion to Stay Discovery: Motion hearing is set for 11/14/2022 at 1:00 p.m. in LV Courtroom 3B by Zoom video conference before Magistrate Judge Brenda Weksler. To obtain a Zoom invitation, parties are kindly directed to contact courtroom administrator Jeff Miller at jeff_miller@nvd.uscourts.gov no later than noon on the day before the hearing but no sooner than one week before the hearing.(no image attached) (Copies have been distributed pursuant to the NEF - RA) |
| Filing 41 DECLARATION of Charlie C. Gokey re #40 Motion to Stay Case or Discovery by Defendants UnitedHealthCare Services, Inc., UnitedHealthcare Insurance Company.. (Smith, Brianna) |
| Filing 40 MOTION to Stay Discovery by Defendants UnitedHealthCare Services, Inc., UnitedHealthcare Insurance Company. Responses due by 10/13/2022. (Smith, Brianna) |
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Filing 39
ORDER granting #38 Motion to Remove Attorney Nicholas Ortiz from Electronic Service List. Signed by Magistrate Judge Brenda Weksler on 9/22/2022. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 38 MOTION to remove attorney Nicholas Ortiz from the Electronic Service List in this case by Plaintiff Fremont Emergency Services, LTD.. (Finch, Renee) |
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Filing 37
ORDER granting #36 Stipulation Re: #29 Motion to Dismiss, Responses due by 10/17/2022. Signed by Judge Cristina D. Silva on 9/16/2022. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 36 STIPULATION FOR EXTENSION OF TIME (First Request) to File a Response to #29 Motion to Dismiss by Plaintiff Fremont Emergency Services, LTD. (Finch, Renee) (extend) (sumjgm) Modified to link to underlying motion on 9/15/2022 (EDS). |
| Filing 35 CLERK'S NOTICE Regarding Local Rule IC 2-1. Attorney Annette Tucker and Nicholas A. Ortiz is in violation of Local Rule IC 2-1(a) and 2-1(d). You are required to register to file documents electronically in the Court's electronic filing system (CM/ECF) and the electronic service of pleadings and other papers. Please visit the PACER website www.pacer.gov to complete the registration for CM/ (no image attached) (EDS) |
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Filing 34
ORDER granting #26 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Charles Gokey for UnitedHealthCare Services, Inc., Charles Gokey for UnitedHealthcare Insurance Company and approving Designation of Local Counsel Debra Spinelli. Signed by Judge Cristina D. Silva on 9/9/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - HAM)
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Filing 33
ORDER granting #28 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Jeffrey Gleason for UnitedHealthCare Services, Inc., Jeffrey Gleason for UnitedHealthcare Insurance Company and approving Designation of Local Counsel Debra L. Spinelli. Signed by Judge Cristina D. Silva on 9/9/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - HAM)
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Filing 32
ORDER granting #27 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Jamie Kurtz for UnitedHealthCare Services, Inc., Jamie Kurtz for UnitedHealthcare Insurance Company and approving Designation of Local Counsel Debra L. Spinelli. Signed by Judge Cristina D. Silva on 9/9/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - HAM)
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Filing 31
ORDER granting #25 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Jessica Pettit for UnitedHealthCare Services, Inc., Jessica Pettit for UnitedHealthcare Insurance Company and approving Designation of Local Counsel Debra L. Spinelli. Signed by Judge Cristina D. Silva on 9/9/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 30 CERTIFICATE of Interested Parties by UnitedHealthCare Services, Inc., UnitedHealthcare Insurance Company that identifies all parties that have an interest in the outcome of this case. Corporate Parent UnitedHealth Group Incorporated for UnitedHealthCare Services, Inc.; Corporate Parent UHIC Holdings, Inc. for UnitedHealthcare Insurance Company added.. (Smith, Brianna) |
| Filing 29 MOTION to Dismiss #1 Complaint,, by Defendants UnitedHealthCare Services, Inc., UnitedHealthcare Insurance Company. Responses due by 9/22/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Smith, Brianna) |
| Filing 28 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jeffrey S. Gleason and DESIGNATION of Local Counsel Debra L. Spinelli (Filing fee $ 250 receipt number ANVDC-7041421) by Defendants UnitedHealthCare Services, Inc., UnitedHealthcare Insurance Company. (Spinelli, Debra) |
| Filing 27 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jamie R. Kurtz and DESIGNATION of Local Counsel Debra L. Spinelli (Filing fee $ 250 receipt number ANVDC-7041398) by Defendants UnitedHealthCare Services, Inc., UnitedHealthcare Insurance Company. (Spinelli, Debra) |
| Filing 26 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Charles C. Gokey and DESIGNATION of Local Counsel Debra L. Spinelli (Filing fee $ 250 receipt number ANVDC-7041348) by Defendants UnitedHealthCare Services, Inc., UnitedHealthcare Insurance Company. (Spinelli, Debra) |
| Filing 25 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jessica M. Pettit and DESIGNATION of Local Counsel Debra L. Spinelli (Filing fee $ 250 receipt number ANVDC-7041319) by Defendants UnitedHealthCare Services, Inc., UnitedHealthcare Insurance Company. (Spinelli, Debra) |
| Filing 24 NOTICE of Appearance by attorney Brianna Smith on behalf of Defendants UnitedHealthCare Services, Inc., UnitedHealthcare Insurance Company. (Smith, Brianna) |
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Filing 23
ORDER granting #20 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Annette Tucker for Fremont Emergency Services, LTD. and approving Designation of Local Counsel Renee M. Finch. Signed by Judge Cristina D. Silva on 8/18/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - HAM)
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| Filing 22 NOTICE of Corrected Image/Document re #20 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney Annette U. Tucker, Esq., by Plaintiff Fremont Emergency Services, LTD.. (Service of corrected image is attached.). (Attachments: #1 Exhibit Certificate of Good Standing - FL, #2 Exhibit Certificate of Good Standing - SC)(Finch, Renee) |
| Filing 21 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 8/12/2022. Before the Court is the #20 Petition to Practice Pro Hac Vice by Annette U. Tucker and Designation of Local Counsel Renee M. Finch. At paragraph 3, the Petition represents "[t]hat since 6/19/2013, Petitioner has been and presently is a member..." however, Petitioner provided a Certificate of Good Standing from The Florida Bar showing an admittance date "on September 26, 2005." Accordingly, IT IS HEREBY ORDERED that the Court DEFERS ruling on the #20 Petition. IT IS FURTHER ORDERED that Petitioner shall have until August 26, 2022, to address the discrepancy and file a corrected Verified Petition using the "Notice of Corrected Image/Document" event. Failure to timely remedy the deficiency will result in the denial of the Verified Petition and repayment of the filing fee. (no image attached) (Copies have been distributed pursuant to the NEF - JLB) |
| Filing 20 View Corrected Image #22 as to MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Annette U. Tucker, Esq. and DESIGNATION of Local Counsel Renee M. Finch, Esq. (Filing fee $ 250 receipt number ANVDC-7008084) by Plaintiff Fremont Emergency Services, LTD.. (Attachments: #1 Exhibit Certificate of Good Standing - FL, #2 Exhibit Certificate of Good Standing - SC)(Finch, Renee) Modified on 8/19/2022 (EDS). |
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Filing 19
ORDER Granting #18 Stipulation for Extension of Time for UnitedHealthcare Services, Inc. to respond re #1 Complaint. UnitedHealthCare Services, Inc. answer due 9/8/2022. Signed by Magistrate Judge Brenda Weksler on 8/9/2022. (Copies have been distributed pursuant to the NEF - TRW)
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| Filing 18 STIPULATION FOR EXTENSION OF TIME (First Request) to Respond re #1 Complaint by Defendants UnitedHealthCare Services, Inc., UnitedHealthcare Insurance Company. (Spinelli, Debra) (extend) (answer) Modified text on 8/9/2022 (EDS). |
| Filing 17 SUMMONS Returned Executed by Fremont Emergency Services, LTD.. UnitedHealthcare Insurance Company served on 7/21/2022. (Finch, Renee) |
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Filing 16
ORDER granting #9 Verified Petition for Permission to Practice Pro Hac Vice by Benjamin R. Shiekman and DESIGNATION of Local Counsel Renee M. Finch. Signed by Judge Cristina D. Silva on 7/26/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - HAM)
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Filing 15
ORDER granting #10 Verified Petition for Permission to Practice Pro Hac Vice by Jonathan E. Siegelaub and DESIGNATION of Local Counsel Renee M. Finch. Signed by Judge Cristina D. Silva on 7/26/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - HAM)
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Filing 14
ORDER granting #11 Verified Petition for Permission to Practice Pro Hac Vice by Justin C. Fineberg and DESIGNATION of Local Counsel Renee M. Finch. Signed by Judge Cristina D. Silva on 7/26/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov (Copies have been distributed pursuant to the NEF - HAM)
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Filing 13
ORDER granting #12 Verified Petition for Permission to Practice Pro Hac Vice by Nicholas A. Ortiz and DESIGNATION of Local Counsel Renee M. Finch. Signed by Judge Cristina D. Silva on 7/26/2022. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - HAM)
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| Filing 12 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Nicholas A. Ortiz, Esq. and DESIGNATION of Local Counsel Renee M. Finch, Esq. (Filing fee $ 250 receipt number ANVDC-6984652) by Plaintiff Fremont Emergency Services, LTD.. (Attachments: #1 Exhibit Certificate of Good Standing - NY, #2 Exhibit Certificate of Good Standing - FL, #3 Exhibit Certificate of Good Standing-DC)(Finch, Renee) |
| Filing 11 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Justin C. Fineberg, Esq. and DESIGNATION of Local Counsel Renee M. Finch, Esq. (Filing fee $ 250 receipt number ANVDC-6984618) by Plaintiff Fremont Emergency Services, LTD.. (Attachments: #1 Exhibit Certificate of Good Standing - FL)(Finch, Renee) |
| Filing 10 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jonathan E. Siegelaub, Esq. and DESIGNATION of Local Counsel Renee M. Finch, Esq. (Filing fee $ 250 receipt number ANVDC-6984603) by Plaintiff Fremont Emergency Services, LTD.. (Attachments: #1 Exhibit Certificate of Good Standing - NY, #2 Exhibit Certificate of Good Standing - FL)(Finch, Renee) |
| Filing 9 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Benjamin R. Shiekman, Esq. and DESIGNATION of Local Counsel Renee M. Finch, Esq. (Filing fee $ 250 receipt number ANVDC-6984596) by Plaintiff Fremont Emergency Services, LTD.. (Attachments: #1 Exhibit Certificate of Good Standing - FL)(Finch, Renee) |
| Filing 8 SUMMONS Returned Executed by Fremont Emergency Services, LTD. re #7 Summons Issued. UnitedHealthCare Services, Inc. served on 7/19/2022. (Finch, Renee) |
| Filing 7 SUMMONS ISSUED as to UnitedHealthCare Services, Inc., UnitedHealthcare Insurance Company re #1 Complaint (HAM) |
| Filing 6 PROPOSED SUMMONS to be issued by Plaintiff Fremont Emergency Services, LTD.. (Finch, Renee) |
| Filing 5 PROPOSED SUMMONS to be issued by Plaintiff Fremont Emergency Services, LTD.. (Finch, Renee) |
| Filing 4 CERTIFICATE of Interested Parties by Fremont Emergency Services, LTD.. There are no known interested parties other than those participating in the case (Finch, Renee) |
| Filing 3 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Justin C. Fineberg, Nicholas A. Ortiz, Jonathan E. Siegelaub and Benjamin R Shiekman are to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 7/28/2022. (no image attached) The Clerk's office kindly requests the designated local counsel advise PHV counsel of this notice. (DRS) |
| Filing 2 CLERK'S NOTICE. Attorney Action Required to ECF No. #1 - Exhibit 5, Certificate of Interested Parties. Document was not filed pursuant to LR IC 2-2(c). The wrong event was selected. Counsel is advised to refile Exhibit 5 at ECF No. #1 using the appropriate docket entry title. (no image attached) (DRS) |
| Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Brenda Weksler. (DRS) |
| Attorney update in case: Attorneys Justin C. Fineberg, Nicholas A. Ortiz, Jonathan E. Siegelaub and Benjamin R Shiekman for Fremont Emergency Services, LTD. added. (DRS) |
| Filing 1 COMPLAINT against Fremont Emergency Services, LTD. (Filing fee $402 receipt number ANVDC-6972219) by Fremont Emergency Services, LTD.. Proof of service due by 10/11/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet Civil Covert Sheet, #5 Exhibit Certificate of Interested Parties) (Finch, Renee) 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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