Schmitt v. Kaiser Foundation Health Plan of Washington et al
| Andrea Schmitt and Elizabeth Mohundro |
| Kaiser Foundation Health Plan of Washington Options, Inc., Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan of Washington, Kaiser Foundation Health Plan, Inc., Kaiser Foundation Health Plan, Inc and Kaiser Foundation Health Plan of Washington Options, Inc |
| 2:2017cv01611 |
| October 30, 2017 |
| US District Court for the Western District of Washington |
| Seattle Office |
| King |
| Robert S Lasnik |
| Civil Rights: Other |
| 28 U.S.C. § 1343 |
| None |
Docket Report
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| Filing 49 OPINION OF USCA (NOT THE MANDATE 18-35846) as to #46 Notice of Appeal, filed by Andrea Schmitt, Elizabeth Mohundro. AFFIRMED in part, REVERSED in part, and REMANDED. (SG) |
| Filing 48 TRANSCRIPT REQUEST by Plaintiffs Elizabeth Mohundro, Andrea Schmitt for proceedings held on 08/02/2018, re #38 Notice of Filing of Official Transcript,,,. Requesting Attorney: Eleanor Hamburger. (Hamburger, Eleanor) |
| Filing 47 TIME SCHEDULE ORDER (18-35846) as to #46 Notice of Appeal, filed by Andrea Schmitt, Elizabeth Mohundro (SG) |
| Filing 46 NOTICE OF APPEAL to Ninth Circuit (18-35846) re #43 Judgment by Court, #42 Order on Motion to Dismiss by Plaintiffs Elizabeth Mohundro, Andrea Schmitt. Filing Fee $505, Receipt number 0981-5504752. (Attachments: #1 Exhibit A, Order and Judgment)(Hamburger, Eleanor) Modified on 10/11/2018 to add filing fee information from #44 Notice of Appeal (GMR). Modified on 10/15/2018 ADD CCA #(SG). |
| Filing 45 REPRESENTATION STATEMENT, by Plaintiffs Elizabeth Mohundro, Andrea Schmitt, (re: #44 Notice of Appeal,.) (Hamburger, Eleanor) |
| Filing 44 DISREGARD - RE-FILED AS #46 NOTICE OF APPEAL Notice of Appeal to Ninth Circuit re #43 Judgment by Court, #42 Order on Motion to Dismiss by Plaintiffs Elizabeth Mohundro, Andrea Schmitt. Filing Fee $505, Receipt number 0981-5504752. (Attachments: #1 Exhibit Exhibit A, Order and Judgment)(Hamburger, Eleanor) Modified on 10/11/2018 (GMR). |
| ***NOTICE TO PARTIES: Please disregard #44 Notice of Appeal, filed by Andrea Schmitt, Elizabeth Mohundro, as the Notice of Appeal was refiled as #46 Notice of Appeal. (cc: USCA) (GMR) |
| Filing 43 JUDGMENT BY COURT in favor of Kaiser Foundation Health Plan of Washington, Kaiser Foundation Health Plan of Washington Options, Inc, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc against Andrea Schmitt, Elizabeth Mohundro (KERR) |
Filing 42
ORDER granting defendants' #17 Motion to Dismiss, signed by Judge Robert S. Lasnik. (SWT)
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| Filing 41 NOTICE of Supplemental Authority re #24 Praecipe to Attach Document, #22 Response to Motion to Dismiss by Plaintiffs Elizabeth Mohundro, Andrea Schmitt (Attachments: #1 Supplement Ramos v. Nielsen, #2 Supplement Ismail v. Amazon.com)(Hamburger, Eleanor) |
| Filing 40 NOTICE of Supplemental Authority re #17 MOTION to Dismiss by Defendants Kaiser Foundation Health Plan of Washington, Kaiser Foundation Health Plan of Washington Options, Inc, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc (Attachments: #1 Supplement)(Bailey, Mark) |
| Filing 39 NOTICE of Supplemental Authority re #17 MOTION to Dismiss by Defendants Kaiser Foundation Health Plan of Washington, Kaiser Foundation Health Plan of Washington Options, Inc, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc (Attachments: #1 Supplement)(Bailey, Mark) |
| Filing 38 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 8/2/2018 before Judge Robert S. Lasnik.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at #www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Andrea Ramirez, andrea_ramirez@wawd.uscourts.gov, 206-370-8509. Release of Transcript Restriction set for 11/26/2018, (AR) |
| Filing 37 MINUTE ENTRY for proceedings held before Judge Robert S. Lasnik- Dep Clerk: Kerry Simonds; Pla Counsel: Eleanor Hamburger, Richard Spoonemore; Def Counsel: Medora Marisseau; CR: Andrea Ramirez; Time of Hearing: 1:30 p.m.; Courtroom: 15106; Motion Hearing held on 8/2/2018 re #17 MOTION to Dismiss filed by Kaiser Foundation Health Plan of Washington Options, Inc, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan of Washington, Kaiser Foundation Health Plan, Inc. After hearing the arguments of counsel, the Court takes this matter under advisement. An Order shall issue. (KERR) |
| Filing 36 STIPULATION AND PROPOSED ORDER Re: Case Scheduling Order by parties re #32 Minute Order Setting Trial Date and Related Dates,, (Hamburger, Eleanor) |
| Filing 35 NOTICE of Supplemental Authority re #17 MOTION to Dismiss by Defendants Kaiser Foundation Health Plan of Washington, Kaiser Foundation Health Plan of Washington Options, Inc, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc (Attachments: #1 Supplement)(Bailey, Mark) |
| Filing 34 NOTICE of Supplemental Authority re #24 Praecipe to Attach Document, #22 Response to Motion by Plaintiffs Elizabeth Mohundro, Andrea Schmitt (Attachments: #1 Flack v. Wis. Dept. of Health Servs., #2 Boyden v. Conlin)(Hamburger, Eleanor) |
| Filing 33 MINUTE ORDER Setting Hearing on #17 MOTION to Dismiss : Motion Hearing set for 8/2/2018 at 1:30 PM in Courtroom 15106 before Judge Robert S. Lasnik. (KERR) |
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Filing 32
AMENDED ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 6 days. Bench Trial is set for 6/3/2019 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. Motion for Class Certification due by 9/10/2018, Amended Pleadings due by 10/10/2018, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 12/9/2018, Discovery completed by 2/7/2019, Attorney settlement conference to be held by 1/22/2019, Dispositive motions due by 3/9/2019, Motions in Limine due by 4/18/2019, Pretrial Order due by 5/6/2019, Trial briefs and trial exhibits to be submitted by 6/2/2019, by Judge Robert S. Lasnik. (KERR)
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| NOTE re Document #31 . Appearance of attorney J Derek Little is not proper, and notices of electronic filing will not be sent until corrected. Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with #ECF Filing Procedures. (SWT) |
| Filing 31 STIPULATION AND PROPOSED ORDER RE: CASE SCHEDULING ORDER by parties re #14 Minute Order Setting Trial Date and Related Dates,, (Hamburger, Eleanor) |
| Filing 30 NOTICE of Unavailability of counsel Medora A Marisseau for Defendants Kaiser Foundation Health Plan of Washington, Kaiser Foundation Health Plan of Washington Options, Inc, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc from 5/28/18-6/15/18. (Marisseau, Medora) |
| Filing 29 Second AMENDED COMPLAINT (Class Action) against defendant(s) Kaiser Foundation Health Plan of Washington, Kaiser Foundation Health Plan of Washington Options, Inc, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc Attorney Eleanor Hamburger added to party Elizabeth Mohundro(pty:pla), filed by Andrea Schmitt, Elizabeth Mohundro.(Hamburger, Eleanor) |
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Filing 28
ORDER granting plaintiff's #20 Motion for Leave to File a Second Amended Complaint, signed by Judge Robert S. Lasnik. (SWT) Counsel is directed to e-file their Amended Complaint.
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| Filing 27 REPLY, filed by Plaintiff Andrea Schmitt, TO RESPONSE to #20 Second MOTION to Amend Complaint (Hamburger, Eleanor) |
| Filing 26 RESPONSE, by Defendants Kaiser Foundation Health Plan of Washington, Kaiser Foundation Health Plan of Washington Options, Inc, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc, to #20 Second MOTION to Amend Complaint. (Bailey, Mark) |
| Filing 25 REPLY, filed by Defendants Kaiser Foundation Health Plan of Washington, Kaiser Foundation Health Plan of Washington Options, Inc, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc, TO RESPONSE to #17 MOTION to Dismiss (Marisseau, Medora) |
| Filing 24 PRAECIPE to attach document re #22 Response to Motion by Plaintiff Andrea Schmitt (Attachments: #1 replacement of #22)(Hamburger, Eleanor) |
| Filing 23 DISREGARD THIS FILING- filed in error per counsel. Correctly filed as #24 [PRAECIPE to attach document (replacement of #22) re #22 Response to Motion by Plaintiff Andrea Schmitt (Hamburger, Eleanor) Modified on 2/5/2018 (PS). |
| NOTICE of Docket Text Modification re #23 Praecipe to Attach Document : DISREGARD THIS FILING- filed in error per counsel. Correctly filed as #24 (PS) |
| Filing 22 RESPONSE, by Plaintiff Andrea Schmitt, to #17 MOTION to Dismiss . (Hamburger, Eleanor) |
| Filing 21 DECLARATION of Eleanor Hamburger filed by Plaintiff Andrea Schmitt re #20 Second MOTION to Amend Complaint (Hamburger, Eleanor) |
| Filing 20 Second MOTION to Amend Complaint, filed by Plaintiff Andrea Schmitt. (Attachments: #1 Exhibit A - Proposed Second Amended Complaint (Class Action), #2 Proposed Order Granting Pl Leave to File 2d Amended Complaint) Noting Date 2/16/2018, (Hamburger, Eleanor) |
| Filing 19 DECLARATION of Natalie Bell filed by Defendants Kaiser Foundation Health Plan of Washington, Kaiser Foundation Health Plan of Washington Options, Inc, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc re #17 MOTION to Dismiss (Marisseau, Medora) |
| Filing 18 DECLARATION of Medora A. Marisseau filed by Defendants Kaiser Foundation Health Plan of Washington, Kaiser Foundation Health Plan of Washington Options, Inc, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc re #17 MOTION to Dismiss (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Marisseau, Medora) |
| Filing 17 MOTION to Dismiss , filed by Defendants Kaiser Foundation Health Plan of Washington, Kaiser Foundation Health Plan of Washington Options, Inc, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc. Oral Argument Requested. (Attachments: #1 Proposed Order, #2 Citation Notice of Unpublished Opinions) Noting Date 2/9/2018, (Marisseau, Medora) |
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Filing 16
STIPULATED PROTECTIVE ORDER re parties' #15 Stipulation, signed by Judge Robert S. Lasnik. (SWT)
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| Filing 15 STIPULATION AND PROPOSED ORDER Stipulated Protective Order by parties (Hamburger, Eleanor) |
| Filing 14 MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 6 days. Bench Trial is set for 3/4/2019 at 9:00 AM in Courtroom 15106 before Judge Robert S. Lasnik. Joinder of Parties due by 1/11/2018, Motion for Class Certification due 6/7/2018, Amended Pleadings due by 7/7/2018, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 9/5/2018, Attorney settlement conference to be held by 10/19/2018, Discovery completed by 11/4/2018, Dispositive motions due by 12/4/2018, Motions in Limine due by 1/13/2019, Pretrial Order due by 1/31/2019, Trial briefs and trial exhibits to be submitted by 2/27/2019 (KERR) |
| Filing 13 JOINT STATUS REPORT signed by all parties estimated Trial Days: 6. (Hamburger, Eleanor) |
| Filing 12 AMENDED COMPLAINT (CLASS ACTION) against defendant(s) Kaiser Foundation Health Plan of Washington, Kaiser Foundation Health Plan of Washington Options, Inc, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc, filed by Andrea Schmitt.(Hamburger, Eleanor) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Kaiser Foundation Health Plan of the Northwest for Kaiser Foundation Health Plan, Inc; Corporate Parent Kaiser Foundation Health Plan of Washington for Kaiser Foundation Health Plan of Washington Options, Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Kaiser Foundation Health Plan of Washington, Kaiser Foundation Health Plan of Washington Options, Inc, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc (Marisseau, Medora) |
| Attorney Mark A Bailey added for Defendants Kaiser Foundation Health Plan of Washington, Kaiser Foundation Health Plan of Washington Options, Inc, Kaiser Foundation Health Plan of the Northwest, and Kaiser Foundation Health Plan, Inc. per #3 Notice of Appearance. (PM) |
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Filing 10
STIPULATION AND ORDER Extending Answer Deadline and Regarding Briefing Schedule on Motion to Dismiss re parties' #9 Stipulated Motion; Defendants shall file an Answer, or otherwise responsive pleading, by 1/5/2018. Signed by Judge Robert S. Lasnik. (SWT)
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| Filing 9 Stipulated MOTION Extending Answer Deadline and Re Briefing Schedule, filed by Defendants Kaiser Foundation Health Plan of Washington, Kaiser Foundation Health Plan of Washington Options, Inc, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc. Noting Date 11/21/2017, (Marisseau, Medora) |
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Filing 8
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 12/13/2017, by Judge Robert S. Lasnik. (KERR)
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| Filing 7 AFFIDAVIT of Service of Summons and Complaint on Caroline Little, Customer Service Representative, Corporation Service Company, Register Agent for Kaiser Foundation Health Plan, Inc. on 11/2/2017, filed by Plaintiff Andrea Schmitt. (Hamburger, Eleanor) |
| Filing 6 AFFIDAVIT of Service of Summons and Complaint on Caroline Little, Customer Service Representative, Corporation Service Company, Register Agent for Kaiser Foundation Health Plan of the Northwest on 11/2/2017, filed by Plaintiff Andrea Schmitt. (Hamburger, Eleanor) |
| Filing 5 AFFIDAVIT of Service of Summons and Complaint on Ann Wicker, VP for DWT Washington, LLC, registered agent for Kaiser Foundation Health Plan of Washington Options, Inc. on 11/1/2017, filed by Plaintiff Andrea Schmitt. (Hamburger, Eleanor) |
| Filing 4 AFFIDAVIT of Service of Summons and Complaint on Ann Wicker, VP for DWT Washington, LLC, registered agent for Kaiser Foundation Health Plan of Washington on 11/1/2017, filed by Plaintiff Andrea Schmitt. (Hamburger, Eleanor) |
| Filing 3 NOTICE of Appearance by attorney Medora A Marisseau on behalf of Defendants Kaiser Foundation Health Plan of Washington, Kaiser Foundation Health Plan of Washington Options, Inc, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc. (Marisseau, Medora) |
| Filing 2 Summons(es) electronically issued as to defendant(s) Kaiser Foundation Health Plan of Washington, Kaiser Foundation Health Plan of Washington Options, Inc, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Health Plan, Inc. (Attachments: #1 Summons, #2 Summons, #3 Summons)(DJ) |
| Judge Robert S. Lasnik added. (DJ) |
| Filing 1 COMPLAINT (Class Action) against All Defendants (Receipt # 0981-5071119) Attorney Eleanor Hamburger added to party Andrea Schmitt(pty:pla), filed by Andrea Schmitt. (Attachments: #1 Civil Cover Sheet, #2 Summons to Kaiser Foundation Health Plan of Washington, #3 Summons to Kaiser Foundation Health Plan of Washington Options, Inc., #4 Summons to Kaiser Foundation Health Plan of the Northwest, #5 Summons to Kaiser Foundation Health Plan, Inc.)(Hamburger, Eleanor) |
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