Humana Insurance Company, et al. v. Tenet Health System
| Humana Insurance Company, Humana Health Plan of California Inc, Arcadian Health Plan Inc and Humana Health Plan Inc |
| Tenet Health System |
| 3:2016cv02919 |
| October 18, 2016 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| XX US, Outside State |
| Jane J Boyle |
| Jane J Boyle |
| Contract: Other Contract |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on June 5, 2017. A more recent docket listing may be available from PACER.
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Filing 72
ORDER granting #71 Motion for Release of Bond Obligation. (Ordered by Judge Jane J. Boyle on 6/5/2017) (epm)
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| Filing 71 MOTION for Release of Bond Obligation - Plaintiffs' Unopposed Motion to Cancel Bond and Exonerate and Release Surety filed by Arcadian Health Plan Inc, Humana Health Plan Inc, Humana Health Plan of California Inc, Humana Insurance Company (Attachments: #1 Proposed Order) (Marston, Hall) |
| Filing 70 NOTICE of Dismissal [Voluntary] Rule 41(a)(1)(A)(i) filed by Arcadian Health Plan Inc, Humana Health Plan Inc, Humana Health Plan of California Inc, Humana Insurance Company (Marston, Hall) |
| Civil Case Terminated per #70 Notice of Voluntary Dismissal. (aaa) |
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Filing 69
MEMORANDUM OPINION AND ORDER: Plaintiffs' Amended Motion for a Preliminary Injunction [Dkt. No. #14 ] is DENIED; Tenet's Motion to Strike [Dkt. No. #64 ] is terminated as moot; and the temporary restraining order, entered on October 4, 2016 and extended by subsequent orders, see Dkt. Nos. #18 , #36 , & #52 , is dissolved. (Ordered by Magistrate Judge David L Horan on 11/21/2016) (mcrd)
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| Filing 68 REPLY filed by Tenet Health System re: #64 MOTION to Strike #62 Brief/Memorandum in Support of Motion, (Krabill, Kent) |
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Filing 67
ELECTRONIC ORDER: Defendant may file a reply in support of its Motion to Strike #64 by 11:00 a.m. on November 18, 2016. Briefing on Plaintiffs' Amended Motion for a Preliminary Injunction #14 is otherwise closed, and the parties are directed to make no additional filings in connection with the motion absent further order of the Court. (Ordered by Magistrate Judge David L. Horan on 11/17/2016.)
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| Filing 66 RESPONSE filed by Arcadian Health Plan Inc, Humana Health Plan Inc, Humana Health Plan of California Inc, Humana Insurance Company re: #64 MOTION to Strike #62 Brief/Memorandum in Support of Motion, (Attachments: #1 Declaration(s) of Hall R. Marston, #2 Exhibit(s) A to Declaration of Hall R. Marston) (Marston, Hall) |
| Filing 65 Court's Exhibit and Witness List from Preliminary Injunction held 11/9/2016, 11/10/2016, 11/14/2016. (mcrd) |
| Filing 64 MOTION to Strike #62 Brief/Memorandum in Support of Motion, filed by Tenet Health System (Krabill, Kent) |
| Filing 63 Appendix in Support filed by Tenet Health System re #60 Brief/Memorandum in Support of Motion, Refiled per Court's request (Krabill, Kent) |
| Filing 62 Brief/Memorandum in Support filed by Arcadian Health Plan Inc, Humana Health Plan Inc, Humana Health Plan of California Inc, Humana Insurance Company re #14 MOTION for Injunction (Plaintiffs' Closing Brief in Support of Motion for Preliminary Injunction) (Marston, Hall) |
| Filing 61 Appendix in Support filed by Tenet Health System re #60 Brief/Memorandum in Support of Motion (Krabill, Kent) |
| Filing 60 Brief/Memorandum in Support filed by Tenet Health System re: #22 Opposition, Tenet's Post-Hearing Brief In Support of Its Opposition to Plaintiffs' Motion for Preliminary Injunction. (Krabill, Kent) Modified entry relationship on 11/17/2016 (epm). |
| Filing 59 Joint Submission on Discovery Matters Plaintiffs and Defendant's Designation of Deposition Testimony of Dara Lynn November 7, 2016 by Tenet Health System. (Krabill, Kent) |
| Filing 58 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L Horan: Motion Hearing held on 11/14/2016 re #14 Motion for Preliminary Injunction, filed by Humana Health Plan Inc, Humana Health Plan of California Inc, Arcadian Health Plan Inc, Humana Insurance Company. Testimony concluded. Court to take matter under advisement. Courts adjourned. Attorney Appearances: Plaintiff - Ed Stumpp, Hall Marston; Defense - Kent Krabill, Jeremy Fielding. (Court Reporter: Keith Johnson) (No exhibits) Time in Court - 2:05. (kkf) |
| Filing 57 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L Horan: Motion Hearing held on 11/10/2016 re #14 Motion for Injunction, filed by Humana Health Plan Inc, Humana Health Plan of California Inc, Arcadian Health Plan Inc, Humana Insurance Company. Testimony continues to Monday, November 14, 2016 at 10:30 AM. Attorney Appearances: Plaintiff - Edward Albert Stumpp, Hall Randall Marston; Defense - Jeremy A Fielding, Kent D Krabill. (Court Reporter: Shawn McRoberts) (No exhibits) Time in Court - 06:46. (mcrd) |
| Filing 56 ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L Horan: Motion Hearing held on 11/9/2016 re #14 Motion for Preliminary Injunction, filed by Humana Health Plan Inc, Humana Health Plan of California Inc, Arcadian Health Plan Inc, Humana Insurance Company. Witness Testimony continues to Thursday, November 10, 2016 at 8:30 AM. Attorney Appearances: Plaintiff - Edward Albert Stumpp, Hall Randall Marston; Defense - Jeremy A Fielding, Kent D Krabill. (Court Reporter: Shawn McRoberts) (No exhibits) Time in Court - 06:40. (mcrd) |
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Filing 55
ORDER ON #54 STIPULATION: IT IS HEREBY ORDERED, pursuant to the stipulated consent of the parties that the pending motion for preliminary injunction be reassigned for decision and ruling to the United States Magistrate Judge David Horan. (Ordered by Judge Jane J Boyle on 11/3/2016) (sss)
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| Filing 54 STIPULATION of Parties to Submit to Magistrate by Arcadian Health Plan Inc, Humana Health Plan Inc, Humana Health Plan of California Inc, Humana Insurance Company. (Dalrymple, JoAnn) |
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Filing 53
ORDER SETTING HEARING re #14 Motion for a Preliminary Injunction: Motion Hearing set for 11/9/2016 at 08:30 AM before Magistrate Judge David L Horan. If the hearing is not concluded by 5:00 p.m., it will continue on 11/10/2016 until concluded. (Ordered by Magistrate Judge David L Horan on 10/28/2016) (twd)
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Filing 52
ORDER EXTENDING TEMPORARY RESTRAINING ORDER PENDING RULING ON PLAINTIFFS' #14 MOTION FOR PRELIMINARY INJUNCTION: For the reasons stated in the Court's #49 order, and pursuant to the parties' agreement to extend the Temporary Restraining Order, IT IS ORDERED that the Temporary Restraining Order is extended to 12/01/2016, absent further order of this Court. (Ordered by Judge Jane J Boyle on 10/27/2016) (twd)
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Filing 51
ELECTRONIC ORDER granting #50 Application for Admission Pro Hac Vice of Robert Craig Welsh. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Jane J Boyle on 10/27/2016) (chmb)
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| Filing 50 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Robert C. Welsh (Filing fee $25; Receipt number 0539-7960919) filed by Tenet Health System (Attachments: #1 Exhibit(s), #2 Proposed Order) (Krabill, Kent) |
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Filing 49
ORDER: Before the Court is Plaintiffs Motion for a Preliminary Injunction. Doc. 14. The Court refers this motion to United States Magistrate Judge David L. Horan for hearing, if necessary, and determination or recommendation to this Court. See 28 U.S.C. 636(b). Judge Horan will set the schedule for the resolution of the motion. (Ordered by Judge Jane J Boyle on 10/25/2016) (Judge Jane J Boyle)
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| Filing 48 NOTICE of Joint Report re Request for Hearing re: 40 Order,,, filed by Arcadian Health Plan Inc, Humana Health Plan Inc, Humana Health Plan of California Inc, Humana Insurance Company (Dalrymple, JoAnn) |
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Filing 47
ELECTRONIC ORDER granting #42 Application for Admission Pro Hac Vice of Hall R. Marston. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Jane J Boyle on 10/24/2016) (chmb)
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Filing 46
ELECTRONIC ORDER granting #41 Application for Admission Pro Hac Vice of Edward A. Stumpp. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Jane J Boyle on 10/24/2016) (chmb)
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| Filing 45 OBJECTION filed by Tenet Health System re: #6 Affidavit, (Krabill, Kent) |
| Filing 44 Appendix in Support filed by Tenet Health System re #43 Response/Objection Ordered by Eastern District of California in Transferring Case to Northern District of Texas (Krabill, Kent) |
| Filing 43 RESPONSE filed by Tenet Health System re: #36 ORDER Extending Duration of Temporary Restraining Order and Order Transferring to Another District. (Krabill, Kent) |
| Filing 42 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Hall R. Marston (Filing fee $25; Receipt number 0539-7952289) filed by Arcadian Health Plan Inc, Humana Health Plan Inc, Humana Health Plan of California Inc, Humana Insurance Company (Attachments: #1 Exhibit(s), #2 Proposed Order) (Dalrymple, JoAnn) |
| Filing 41 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Edward A. Stumpp (Filing fee $25; Receipt number 0539-7951784) filed by Arcadian Health Plan Inc, Humana Health Plan Inc, Humana Health Plan of California Inc, Humana Insurance Company (Attachments: #1 Exhibit(s), #2 Proposed Order) (Dalrymple, JoAnn) |
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Filing 40
ELECTRONIC ORDER: This case was transferred yesterday and the Court has reviewed the docket. Plaintiffs' Motion for Preliminary Injunction (Doc. 14) is still pending and Plaintiffs' counsel has requested a hearing. With that in mind, the Court ORDERS the parties to confer and, no later than 2:00 p.m. on October 25, 2016, submit a joint report that: (1) explains why a hearing is necessary---that is, why the Court should not consider Plaintiffs' Motion on the papers alone (see Doc. 33); (2) specifies the exact issues that a hearing, if one is held, would address; and (3) provides a list of potential dates and times for the hearing. On that note, the Court conducts hearings in the afternoon. Thursday is devoted to criminal matters, so the parties should not consider it in formulating the requested list. (Ordered by Judge Jane J Boyle on 10/19/2016) (chmb)
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| Filing 39 NOTICE of Attorney Appearance by JoAnn Dalrymple on behalf of Arcadian Health Plan, Inc., Humana Health Plan Inc., Humana Health Plan of California, Inc., Humana Insurance Company. (Filer confirms contact info in ECF is current.) (Dalrymple, JoAnn) |
| Filing 38 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (epm) |
| Filing 37 Case electronically transferred in from District of California Eastern; Case Number 1:16-cv-01450. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
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Filing 36
ORDER Extending Duration of Temporary Restraining Order and Order Transferring Matter to the Northern District of Texas - Dallas Division, signed by District Judge Anthony W. Ishii on 10/17/16. Case Transferred to Northern District of Texas, Dallas Division. (Gonzalez, R) [Transferred from California Eastern on 10/18/2016.]
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| Filing 35 RESPONSE by Tenet Health System to #32 Objections. (Welsh, Robert) [Transferred from California Eastern on 10/18/2016.] |
| Filing 34 OBJECTIONS by Defendant Tenet Health System to #30 Declaration. (Welsh, Robert) [Transferred from California Eastern on 10/18/2016.] |
| Filing 33 MINUTE ORDER: (TEXT ENTRY ONLY) The Court has deemed the Motion for Preliminary Injunction noticed for hearing on 10/17/2016 before Senior District Judge Anthony W. Ishii, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). And, as such, the hearing on same is VACATED and the matter will be taken under submission as of that date, signed by Senior District Judge Anthony W. Ishii on 10/14/2016.(Kusamura, W) [Transferred from California Eastern on 10/18/2016.] |
| Filing 32 OBJECTIONS by Plaintiffs Arcadian Health Plan, Inc., Humana Health Plan Inc., Humana Health Plan of California, Inc., Humana Insurance Company to #14 Ex Parte Application, #22 Opposition. (Marston, Hall) [Transferred from California Eastern on 10/18/2016.] |
| Filing 31 RESPONSE by Arcadian Health Plan, Inc., Humana Health Plan Inc., Humana Health Plan of California, Inc., Humana Insurance Company to #14 Ex Parte Application, #22 Opposition. (Marston, Hall) [Transferred from California Eastern on 10/18/2016.] |
| Filing 30 DECLARATION of JERRY ADAMS re #14 Ex Parte Application. (Attachments: #1 Exhibit A)(Marston, Hall) [Transferred from California Eastern on 10/18/2016.] |
| Filing 29 DECLARATION of Aliza Arjoyan in SUPPORT OF #14 MOTION for TEMPORARY RESTRAINING ORDER. (Attachments: #1 Exhibit N, #2 Exhibit O)(Marston, Hall) [Transferred from California Eastern on 10/18/2016.] |
| Filing 28 REPLY by Arcadian Health Plan, Inc., Humana Health Plan Inc., Humana Health Plan of California, Inc., Humana Insurance Company re #14 Ex Parte Application, #22 Opposition. (Marston, Hall) [Transferred from California Eastern on 10/18/2016.] |
| Filing 27 SEALED EVENT (Robles, S) [Transferred from California Eastern on 10/18/2016.] |
| Filing 26 SEALED EVENT (Robles, S) [Transferred from California Eastern on 10/18/2016.] |
| Filing 25 WAIVER of SERVICE RETURNED EXECUTED: Tenet Health System Waiver sent on 10/5/2016, answer due 12/5/2016. (Marston, Hall) [Transferred from California Eastern on 10/18/2016.] |
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Filing 24
ORDER re: Tenet's request to seal document is support of opposition to motion for preliminary injunction signed by District Judge Anthony W. Ishii on 10/11/2016. (Lundstrom, T) [Transferred from California Eastern on 10/18/2016.]
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| Filing 23 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Tenet Health System. (Welsh, Robert) [Transferred from California Eastern on 10/18/2016.] |
| Filing 22 OPPOSITION by Defendant Tenet Health System to #14 Ex Parte Application. Attorney Welsh, Robert Craig added. (Attachments: #1 Evidentiary Objections, #2 Declaration of Dara Lynn, #3 Declaration of Robert C. Welsh)(Welsh, Robert) [Transferred from California Eastern on 10/18/2016.] |
| Filing 21 NOTICE - Proof of Personal Service of Documents Filed by Plaintiffs by Arcadian Health Plan, Inc., Humana Health Plan Inc., Humana Health Plan of California, Inc., Humana Insurance Company re #18 Order,, Set/Reset Deadlines and Hearings,. (Marston, Hall) [Transferred from California Eastern on 10/18/2016.] |
| Filing 20 NOTICE - Proofs of Personal Service of Court's Order of October 4, 2016 by Arcadian Health Plan, Inc., Humana Health Plan Inc., Humana Health Plan of California, Inc., Humana Insurance Company re #18 Order,, Set/Reset Deadlines and Hearings,. (Marston, Hall) [Transferred from California Eastern on 10/18/2016.] |
| Filing 19 NOTICE of Posting Bond Pursuant to Court's October 4, 2016 Order by Arcadian Health Plan, Inc., Humana Health Plan Inc., Humana Health Plan of California, Inc., Humana Insurance Company re #18 Order,, Set/Reset Deadlines and Hearings,. (Attachments: #1 Exhibit A - BOND)(Marston, Hall) [Transferred from California Eastern on 10/18/2016.] |
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Filing 18
ORDER on Plaintiff's Amended Ex Parte Application for a Temporary Restraining Order and Order Setting Briefing Schedule for Preliminary Injunction signed by District Judge Anthony W. Ishii on 10/04/2016. Hearing set for 10/17/2016 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Flores, E) [Transferred from California Eastern on 10/18/2016.]
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| Filing 17 SEALED EVENT (Attachments: #1 sealed document, #2 sealed document, #3 sealed document, #4 sealed document, #5 sealed document) (Robles, S) [Transferred from California Eastern on 10/18/2016.] |
| Filing 16 RESPONSE by Arcadian Health Plan, Inc., Humana Health Plan Inc., Humana Health Plan of California, Inc., Humana Insurance Company to #10 Order, Order on Motion for TRO. (Marston, Hall) [Transferred from California Eastern on 10/18/2016.] |
| Filing 15 DECLARATION of Aliza Arjoyan re #14 Ex Parte Application. (Marston, Hall) [Transferred from California Eastern on 10/18/2016.] |
| Filing 14 EX PARTE APPLICATION by Arcadian Health Plan, Inc., Humana Health Plan Inc., Humana Health Plan of California, Inc., Humana Insurance Company for (AMENDED) for a Temporary Restraining Order and Motion for a Preliminary Injunction. (Marston, Hall)[Transferred from California Eastern on 10/18/2016.] Modified event type per DJ chambers on 10/19/2016 (trk). |
| Filing 13 FIRST AMENDED COMPLAINT against Tenet Health System by Humana Insurance Company, Arcadian Health Plan, Inc., Humana Health Plan of California, Inc., Humana Health Plan Inc.. (Attachments: #1 Exhibit A)(Marston, Hall) [Transferred from California Eastern on 10/18/2016.] |
| Filing 12 DECLARATION of Edward A. Stumpp (Supplemental Declaration) in Support of Humana's Notice to Tenet Health System's Designated Counsel of All Documents Filed in this Matter re #4 Ex Parte Application for Temporary Restraining Order and Motion for Preliminary Injunction. (Stumpp, Edward) [Transferred from California Eastern on 10/18/2016.] |
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Filing 11
ORDER RE PLAINTIFFS' REQUEST TO SEAL DOCUMENTS, signed by District Judge Anthony W. Ishii on 9/30/2016. (Kusamura, W) [Transferred from California Eastern on 10/18/2016.]
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Filing 10
ORDER ON PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER, signed by District Judge Anthony W. Ishii on 9/30/2016. (Kusamura, W) [Transferred from California Eastern on 10/18/2016.]
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| Filing 9 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Arcadian Health Plan, Inc., Humana Health Plan Inc., Humana Health Plan of California, Inc., Humana Insurance Company. (Stumpp, Edward) [Transferred from California Eastern on 10/18/2016.] |
| Filing 8 EXHIBIT - BOND FOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION - by Arcadian Health Plan, Inc., Humana Health Plan Inc., Humana Health Plan of California, Inc., Humana Insurance Company re #4 Ex Parte Application,. (Stumpp, Edward) [Transferred from California Eastern on 10/18/2016.] |
| Filing 7 DECLARATION of Lucinda Ehnes re #4 Ex Parte Application,. (Stumpp, Edward) [Transferred from California Eastern on 10/18/2016.] |
| Filing 6 DECLARATION of Aliza Arjoyan re #4 Ex Parte Application,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Stumpp, Edward) [Transferred from California Eastern on 10/18/2016.] |
| Filing 5 DECLARATION of Edward A. Stumpp re #4 Ex Parte Application,. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stumpp, Edward) [Transferred from California Eastern on 10/18/2016.] |
| Filing 4 EX PARTE APPLICATION by Arcadian Health Plan, Inc., Humana Health Plan Inc., Humana Health Plan of California, Inc., Humana Insurance Company for Temporary Restraining Order and Motion for Preliminary Injunction. Attorney Marston, Hall R added. (Attachments: #1 TRO Checklist, #2 [Proposed] Temporary Restraining Order, #3 [Proposed] Order Scheduling Hearing on Motion for Preliminary Injunction)(Marston, Hall). [Transferred from California Eastern on 10/18/2016.] |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 12/19/2016 at 09:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Consent Form, #2 VDRP) (Lundstrom, T) [Transferred from California Eastern on 10/18/2016.] |
| Filing 2 SUMMONS ISSUED as to *Tenet Health System* with answer to complaint due within *21* days. Attorney *Edward A Stumpp* *Sedgwick LLP* *801 South Figueroa Street, 19th Floor* *Los Angeles, CA 90017*. (Lundstrom, T) [Transferred from California Eastern on 10/18/2016.] |
| Filing 1 COMPLAINT for Injunctive Relief against Tenet Health System by Humana Insurance Company, Arcadian Health Plan, Inc., Humana Health Plan of California, Inc., Humana Health Plan Inc.. Attorney Stumpp, Edward A added. (Filing fee $ 400, receipt number 0972-6698159) (Attachments: #1 Exhibit A to Complaint, #2 Civil Cover Sheet)(Stumpp, Edward) [Transferred from California Eastern on 10/18/2016.] |
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