Jackson et al v. The Aliera Companies Inc et al
| Roslyn Jackson, Gerald Jackson, Dean Mellom, Jon Perrin and Julie Perrin |
| The Aliera Companies, Inc., Trinity Healthshare, Inc., Aliera Healthcare, Inc., Trinity Healthshare Inc, Aliera Healthcare Inc and The Aliera Companies Inc |
| 2:2019cv01281 |
| August 14, 2019 |
| US District Court for the Western District of Washington |
| Barbara J Rothstein |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 6, 2022. A more recent docket listing may be available from PACER.
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Filing 179
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of the hearing on pending motions held on 10/6/2021 before Judge Barbara J. Rothstein.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 Nancy Bauer, nancy_bauer@wawd.uscourts.gov. Release of Transcript Restriction set for 4/6/2022, (NB)
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Filing 178
TRANSCRIPT REQUEST by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin for proceedings held on 10/06/2021 re 147 Telephone Conference,, 148 In Camera Hearing,. Requesting Attorney: Eleanor Hamburger.Posting of this Transcript Order form does not constitute an official request for transcript(s). If you have not already done so, you MUST contact the individual court reporter(s) Nancy Bauer (nancy_bauer@wawd.uscourts.gov, 206-370-8506) to make payment arrangements and secure your desired delivery time. (Hamburger, Eleanor)
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Filing 177
NOTICE of Suggestion of Involuntary Bankruptcy of The Aliera Companies, Inc. ; filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin. (Hamburger, Eleanor)
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Filing 176
AFFIDAVIT of Kevin Dunn re #171 Judgment by Court,,,, re Service on Aliera's Registered Agent filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin (Hamburger, Eleanor)
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Filing 175
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 11/10/2021 before Judge Barbara J. Rothstein.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 Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 2/17/2022, (DZ)
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Filing 174
TRANSCRIPT REQUEST by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin for proceedings held on 11/10/2021 re 167 Motion Hearing,,,. Requesting Attorney: Eleanor Hamburger.Posting of this Transcript Order form does not constitute an official request for transcript(s). If you have not already done so, you MUST contact the individual court reporter(s), Debbie Zurn (debbie_zurn@wawd.uscourts.gov, 206-370-8504) to make payment arrangements and secure your desired delivery time. (Hamburger, Eleanor)
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Filing 173
PROPOSED ORDER (Unsigned) [Revised Proposed] Order Granting Plaintiffs Motion for Class Certification (Hamburger, Eleanor)
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Filing 172
PROPOSED ORDER (Unsigned) [Second Revised Proposed] Order Granting Plaintiffs Motion to Strike Alieras Answer and Enter Default Judgment or in the Alternative to Grant Plaintiffs Motion for Summary Judgment (Hamburger, Eleanor)
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Filing 171
JUDGMENT IN A CIVIL ACTION. The court has ordered that plaintiffs GERALD JACKSON and ROSLYN JACKSON, recover from the defendant THE ALIERA COMPANIES, INC. the amount of twelve thousand five hundred eighty-two dollars ($12,582.00) plus post judgment interest at the rate of 0.15% per annum. The court has ordered that plaintiff DEAN MELLOM recover from the defendant THE ALIERA COMPANIES, INC. the amount of three thousand six hundred ninety-two dollars ($3,692.00) plus post judgment interest at the rate of 0.15% per annum. The court has ordered that plaintiffs JON PERRIN and JULIE PERRIN, recover from the defendant THE ALIERA COMPANIES, INC. the amount of seven thousand six hundred seven dollars and ninety-two cents ($7,607.92) plus post judgment interest at the rate of 0.15% per annum. The court has ordered that the Class certified in this action recover from the defendant THE ALIERA COMPANIES, INC. the amount of twenty-one million, three hundred fifty-two thousand, eight hundred twenty-seven dollars and eight cents ($21,352,827.08) plus post judgment interest at the rate of 0.15% per annum. (MW)
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Filing 170
ORDER GRANTING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION. The Court certifies the following class: All Washington residents who acquired plans from or through The Aliera Companies, Inc., Aliera Healthcare, Inc. and Trinity Healthshare, Inc. or any of those entities' subsidiaries that purported to be "health care sharing ministry" plans at any time from June 27, 2018 to July 8, 2021. Signed by Judge Barbara J. Rothstein. (MW)
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Filing 169
ORDER GRANTING PLAINTIFFS' MOTION TO STRIKE ALIERA'S ANSWER AND ENTER DEFAULT JUDGMENT. The total damages, including CPA damages, for Roslyn and Gerald Jackson is $12,582.00; for Dean Mellom is $3,692.00; and for Jon and Julie Perrin, is $7,607.92. The Plaintiff Class, excluding the claims of the named plaintiffs, is awarded $21,352,827.08. Plaintiffs' counsel may petition for attorney fees and litigation costs. Signed by Judge Barbara J. Rothstein. (MW)
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Filing 168
PROPOSED ORDER (Unsigned) re 167 Motion Hearing,,, (Proposed) Judgment in a Civil Action (Attachments: #1 Certificate of Service)(Hamburger, Eleanor)
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Filing 167
MINUTE ENTRY for proceedings held before Judge Barbara J. Rothstein- Dep Clerk: Grant Cogswell; Pla Counsel: Rick Spoonemore, Cyrus Mehri, Ele Hamburger; CR: Debbie Zurn; Time of Hearing: 10:00AM; Motion Hearing held on 11/10/2021. The Court hears argument from the Plaintiff on the three pending motions: MOTION to Certify Class Dkt. #152 ; MOTION for Summary Judgment Motion To Strike Alieras Answer And Enter Default Judgment After Class Certification Dkt. #153 ; and MOTION for Relief From Deadline And For Telephonic Hearing Of: (1) Plaintiffs Motion To Strike Alieras Answer And Enter Default Judgment Dkt. #154 . The Court GRANTS these three motions. The Plaintiff's are instructed to file their Proposed Judgment with the Court. The Court's written order will follow this entry. Modified on 11/10/2021 (GC).
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Filing 166
Supplemental DECLARATION of Eleanor Hamburger filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #153 MOTION for Summary Judgment Motion To Strike Alieras Answer And Enter Default Judgment After Class Certification Or, In The Alternative, Motion For Summary Judgment (Hamburger, Eleanor)
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Filing 165
NOTICE of Supplemental Authority re #153 MOTION for Summary Judgment Motion To Strike Alieras Answer And Enter Default Judgment After Class Certification Or, In The Alternative, Motion For Summary Judgment, #152 MOTION to Certify Class by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin (Hamburger, Eleanor)
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Filing 164
PROPOSED ORDER (Unsigned) re #153 MOTION for Summary Judgment Motion To Strike Alieras Answer And Enter Default Judgment After Class Certification Or, In The Alternative, Motion For Summary Judgment (REVISED PROPOSED) Order Granting Plaintiffs Motion To Strike Alieras Answer And Enter Default Judgment Or In The Alternative To Grant Plaintiffs Motion For Summary Judgment (Hamburger, Eleanor)
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Filing 163
DECLARATION of Dean Mellom filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #153 MOTION for Summary Judgment Motion To Strike Alieras Answer And Enter Default Judgment After Class Certification Or, In The Alternative, Motion For Summary Judgment (Hamburger, Eleanor)
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Filing 162
DECLARATION of Roslyn Jackson filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #153 MOTION for Summary Judgment Motion To Strike Alieras Answer And Enter Default Judgment After Class Certification Or, In The Alternative, Motion For Summary Judgment (Hamburger, Eleanor)
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Filing 161
Supplemental DECLARATION of Neil Luria filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #153 MOTION for Summary Judgment Motion To Strike Alieras Answer And Enter Default Judgment After Class Certification Or, In The Alternative, Motion For Summary Judgment (Hamburger, Eleanor)
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Filing 160
DECLARATION of Mailing of Eleanor Hamburger re 159 Minute Order,,,, by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin (Hamburger, Eleanor)
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Motions Hearing, re: 159 Minute Order, set for 11/10/2021 at 10:00 AM before Judge Barbara J. Rothstein. (MW)
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Filing 159
MINUTE ORDER: The Court is in receipt of Plaintiffs' (1) Motion to Strike Alieras Answer and Enter Default Judgment after Class Certification or, in the alternative, Motion for Summary Judgment [Dkt. No. 153], (2) Motion to Certify Class [Dkt. No. 152], and (3) Motion for Relief from Deadline and for Telephonic Hearing [Dkt. No. 154] and HEREBY schedules a hearing on the foregoing motions on November 10, 2021 at 10:00am (PST). Aliera is reminded that a corporation may appear in federal court only through a licensed attorney. Rowland v. Cal. Mens Colony, Unit II Mens Advisory Council, 506 U.S. 194, 201-02 (1993) (It has been the law for the better part of two centuries that a corporation may appear in federal courts only through licensed counsel.). Therefore, the Court instructs Aliera to obtain counsel to represent it at the hearing. Failure to do so may result in default judgment and/or other unfavorable rulings against it. Plaintiffs are instructed to immediately provide notice of the scheduled hearing to Aliera at its last known address and to file an affidavit regarding the same with the Court. by Judge Barbara J. Rothstein. (HR)
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Filing 158
DECLARATION of Eleanor Hamburger filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #153 MOTION for Summary Judgment Motion To Strike Alieras Answer And Enter Default Judgment After Class Certification Or, In The Alternative, Motion For Summary Judgment, #152 MOTION to Certify Class , #154 MOTION for Relief From Deadline And For Telephonic Hearing Of: (1) Plaintiffs Motion To Strike Alieras Answer And Enter Default Judgment Or, In The Alternative, Motion For Summary Judgment; And (2) Plaintiffs Motion For Class Certification (Attachments: #1 Exhibit 1 - Deed of Assignment, #2 Exhibit 2 - Management Agmt, #3 Exhibit 3 - Order, #4 Exhibit 4 - Aff of Timothy Moses, #5 Exhibit 5 - Moses Order, #6 Exhibit 6 - Aliera Cert of Inc., #7 Exhibit 7 - Aliera Amended Cert of Inc., #8 Exhibit 8 - OIC Final Investigative Report, #9 Exhibit 9 - Final Order on MSJ, #10 Exhibit 10 - Trinity website screengrab, #11 Exhibit 11 - Trinity WA SOS reg., #12 Exhibit 12 - Trinity 2018 990, #13 Exhibit 13 - Trinity 2019 990, #14 Exhibit 14 - WA1-19-0251 Cease Desist Order, #15 Exhibit 15 - WA1-19-0252 Cease Desist Order, #16 Exhibit 16 - LeCann Opinion, #17 Exhibit 17 - Disclosure Stmt - Sharity BR, #18 Exhibit 18 - Final Consent Order, #19 Exhibit 19 - Order re SYSH employment, #20 Exhibit 20 - Asset Recovery Assoc Aliera notice)(Hamburger, Eleanor)
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Filing 157
SEALED DOCUMENT Exhibit D - unredacted - to Declaration of Jon Perrin by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #151 MOTION to Seal /Redact, #156 Declaration,,,, (Attachments: #1 Exhibit G - unredacted, #2 Exhibit D - redacted copy, #3 Exhibit G - redacted copy)(Hamburger, Eleanor)
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Filing 156
DECLARATION of Jon Perrin filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #153 MOTION for Summary Judgment Motion To Strike Alieras Answer And Enter Default Judgment After Class Certification Or, In The Alternative, Motion For Summary Judgment, #152 MOTION to Certify Class , #154 MOTION for Relief From Deadline And For Telephonic Hearing Of: (1) Plaintiffs Motion To Strike Alieras Answer And Enter Default Judgment Or, In The Alternative, Motion For Summary Judgment; And (2) Plaintiffs Motion For Class Certification, #151 MOTION to Seal /Redact (Attachments: #1 Exhibit A - email, #2 Exhibit B - sellsheet, #3 Exhibit C - CarePlus sellsheet, #4 Exhibit D - Placeholder-filed under seal, #5 Exhibit E - Trinity ID card, #6 Exhibit F - 2019 member guide, #7 Exhibit G - Placeholder-filed under seal, #8 Exhibit H - Escalated complaint response ltr, #9 Exhibit I - Trinity reprocessing update ltr, #10 Exhibit J - Refund request response ltr)(Hamburger, Eleanor)
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Filing 155
DECLARATION of Neil Luria filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #154 MOTION for Relief From Deadline And For Telephonic Hearing Of: (1) Plaintiffs Motion To Strike Alieras Answer And Enter Default Judgment Or, In The Alternative, Motion For Summary Judgment; And (2) Plaintiffs Motion For Class Certification, #153 MOTION for Summary Judgment Motion To Strike Alieras Answer And Enter Default Judgment After Class Certification Or, In The Alternative, Motion For Summary Judgment, #152 MOTION to Certify Class (Hamburger, Eleanor)
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Filing 154
MOTION for Relief From Deadline And For Telephonic Hearing Of: (1) Plaintiffs Motion To Strike Alieras Answer And Enter Default Judgment Or, In The Alternative, Motion For Summary Judgment; And (2) Plaintiffs Motion For Class Certification, filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin. (Attachments: #1 Proposed Order)(Hamburger, Eleanor)
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Filing 153
MOTION for Summary Judgment Motion To Strike Alieras Answer And Enter Default Judgment After Class Certification Or, In The Alternative, Motion For Summary Judgment, filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin. (Attachments: #1 Proposed Order)(Hamburger, Eleanor)
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Filing 152
MOTION to Certify Class , filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin. (Attachments: #1 Proposed Order)(Hamburger, Eleanor)
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Filing 151
MOTION to Seal /Redact, filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin. (Attachments: #1 Proposed Order)(Hamburger, Eleanor)
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Attorneys Robert H Rutherford and Elizabeth B Shirley terminated; per #150 Order (MW)
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Filing 150
ORDER REGARDING PLAINTIFF'S #143 MOTION TO LIFT STAY AND DEFENDANT'S #146 MOTION TO WITHDRAW AS COUNSEL. The stay on the proceedings in this case as it relates to Aliera is lifted effective immediately. Defense counsel shall continue to represent Aliera for fifteen (15) days from the date of this order to allow Aliera time to retain substitute counsel. Signed by Judge Barbara J. Rothstein.(MW)
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Filing 149
RESPONSE, by Defendant Aliera Healthcare, Inc., to #143 MOTION to Lift Stay . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Shirley, Elizabeth)
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Filing 148
MINUTE ENTRY for proceedings held before Judge Barbara J. Rothstein- Dep Clerk: Grant Cogswell; Def Counsel: Elizabeth Shirley; CR: Nancy Bauer; Time of Hearing: 12:30PM; In Camera Hearing held on 10/6/2021. (GC)
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Filing 147
MINUTE ENTRY for proceedings held before Judge Barbara J. Rothstein- Dep Clerk: Grant Cogswell; Pla Counsel: Eleanor Hamburger, Richard Spoonemore, Cyrus Mehri; Def Counsel: Elizabeth Shirley; CR: Nancy Bauer; Time of Hearing: 12:10PM; Telephone Conference held on 10/6/2021. The Court hears argument on the two pending motions, Dkt #143 MOTION to Lift Stay, and Dkt #146 MOTION to Withdraw as Attorney. A written MINUTE ORDER on the motions will follow this entry. (GC)
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Set Hearing: Telephone Conference set for 10/6/2021 at 12:10 PM before Judge Barbara J. Rothstein. (GC)
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Set Hearing: In Camera Hearing set for 10/6/2021 at 12:30 PM before Judge Barbara J. Rothstein. (GC)
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Filing 146
MOTION to Withdraw as Attorney [Robert H. Rutherford, Elizabeth B. Shirley & Burr & Forman LLP], filed by Defendant The Aliera Companies Inc. (Attachments: #1 Exhibit A - Notice to Aliera, #2 Proposed Order)(Shirley, Elizabeth)
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Filing 145
PROPOSED ORDER (Unsigned) re #143 MOTION to Lift Stay (Hamburger, Eleanor)
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Filing 144
DECLARATION of Eleanor Hamburger filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #143 MOTION to Lift Stay (Attachments: #1 Exhibit A - Arbitration Award, #2 Exhibit B - Consumer Rules Excerpt)(Hamburger, Eleanor)
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Filing 143
MOTION to Lift Stay , filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin. (Hamburger, Eleanor)
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Filing 142
NOTICE RE: Defendant Trinity HealthShare, Inc.'s Suggestion of Bankruptcy ; filed by Defendant Trinity Healthshare Inc. (Hineline, Curt)
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Filing 141
NOTICE OF WITHDRAWAL OF COUNSEL: for Defendant The Aliera Companies Inc. (Doherty, Ronan)
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Filing 140
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Edgar Guy Sargent and Genevieve Vose Wallace for Defendant The Aliera Companies Inc. (Wallace, Genevieve)
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Filing 139
MANDATE/ORDER OF USCA (20-35725) as to #104 Notice of Appeal, filed by Aliera Healthcare, Inc., The Aliera Companies Inc. Appellants motion for voluntary dismissal of this appeal (Docket Entry No. 10) is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). This order served on the district court shall act as and for the mandate of this court. DISMISSED (CDA)
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Filing 138
MANDATE/ORDER OF USCA (20-35726) as to #102 Notice of Appeal filed by Trinity Healthshare Inc. Appellants motion for voluntary dismissal of this appeal (Docket Entry No. 8) is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). This order served on the district court shall act as and for the mandate of this court. DISMISSED (CDA)
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Filing 137
ORDER re Defendants' #136 Motion for Re-Entry of Order Compelling Arbitration: The Court re-enters the October 6, 2020 Order, Dkt. No. #131 , compelling arbitration as to Plaintiffs Gerald Jackson, Roslyn Jackson, and Dean Mellom, staying this matter pending arbitration, and vacating the July 20, 2020 Order, Dkt. No. #90 . Signed by Judge Barbara J. Rothstein.(MW)
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Filing 136
Unopposed MOTION For Re-Entry of Order Compelling Arbitration Defendants The Aliera Companies, Inc.'s and Trinity Healthshare, Inc.'s Notice of Limited Remand from the Ninth Circuit and Unopposed Motion for Re-Entry of Order Compelling Arbitration, filed by Defendants Aliera Healthcare, Inc., The Aliera Companies Inc, Trinity Healthshare Inc. (Attachments: #1 Proposed Order)(Wallace, Genevieve)
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Filing 135
ORDER OF USCA (20-35725, 20-35726) as to #102 Notice of Appeal filed by Trinity Healthshare Inc, #104 Notice of Appeal, filed by Aliera Healthcare, Inc., The Aliera Companies Inc. (RE)
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Filing 134
NOTICE OF MOTION FOR LIMITED REMAND FROM THE NINTH CIRCUIT UNDER FEDERAL RULE OF APPELLATE PROCEDURE 12.1 ; filed by Defendants Aliera Healthcare, Inc., The Aliera Companies Inc, Trinity Healthshare Inc. (Wallace, Genevieve)
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Filing 133
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Richard L Jolly for Defendants Aliera Healthcare, Inc., The Aliera Companies Inc. (Jolly, Richard)
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Filing 132
ORDER denying Plaintiffs' #110 Motion for Reconsideration. Signed by Judge Barbara J. Rothstein. (LH)
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Filing 131
ORDER. The Court hereby: (1) STRIKES as moot Defendants' motions to stay proceedings pending appeal to the Ninth Circuit (Dkt. Nos. #101 , #103 ); (2) VACATES the July 20, 2020 Order Denying Defendants' Consolidated Motion to Compel Arbitration and Stay Proceedings Pending Arbitration pursuant to 9 U.S.C. 3-4 and Motion to Stay Discovery Pending Decision on Motion to Compel (Dkt. No. #90 ); (3) GRANTS Defendants' Consolidated Motion to Compel Arbitration and Stay Proceedings Pending Arbitration pursuant to 9 U.S.C. 3-4 (Dkt. No. #52 ); (4) STRIKES as moot Defendants' Motion to Stay Discovery Pending Decision on Motion to Compel (Dkt. No. #52 ); and (5) STAYS this matter pending arbitration. Signed by Judge Barbara J. Rothstein. (TH)
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Filing 130
RESPONSE, by Plaintiffs Jon Perrin, Julie Perrin, to #122 Joint MOTION for Leave to File a Sur-Reply. (Hamburger, Eleanor)
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Filing 129
SEALED DOCUMENT Sub-Exhibits 1, 2, and 3 of Exhibit C, Declaration of Kathleen Kromodimedjo, Submitted in Support of Aliera's Opposition to Plaintiffs' Motion for Partial Summary Judgment by Defendants Aliera Healthcare, Inc., The Aliera Companies Inc re #127 MOTION to Seal - Defendant Aliera's Motion to Seal/Redact Documents in Support of Its Opposition to Plaintiffs' Motion for Partial Summary Judgment, #128 Response to Motion, (Attachments: #1 Exhibit C - Redacted Version of Sealed Document, #2 Exhibit C - Unredacted Version of Sealed Document)(Jolly, Richard)
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Filing 128
RESPONSE, by Defendants Aliera Healthcare, Inc., The Aliera Companies Inc, to #113 MOTION for Partial Summary Judgment re: Insurance. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C Placeholder - Filed Under Seal, #4 Exhibit D, #5 Proposed Order)(Jolly, Richard)
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Filing 127
MOTION to Seal - Defendant Aliera's Motion to Seal/Redact Documents in Support of Its Opposition to Plaintiffs' Motion for Partial Summary Judgment, filed by Defendants Aliera Healthcare, Inc., The Aliera Companies Inc. (Attachments: #1 Proposed Order)(Jolly, Richard)
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Filing 126
DECLARATION of A. Joseph Guarino in Support of Defendant Trinity's Opposition to Plaintiffs' Motion for Partial Summary Judgment filed by Defendant Trinity Healthshare Inc re #113 MOTION for Partial Summary Judgment re: Insurance (Attachments: #1 Exhibits 1-7)(Hineline, Curt)
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Filing 125
DECLARATION of James R. Morrison in Support of Defendant Trinity's Opposition to Plaintiffs' Motion for Partial Summary Judgment filed by Defendant Trinity Healthshare Inc re #113 MOTION for Partial Summary Judgment re: Insurance (Hineline, Curt)
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Filing 124
DECLARATION of Curt Roy Hineline in Support of Defendant Trinity's Opposition to Plaintiffs' Motion for Partial Summary Judgment filed by Defendant Trinity Healthshare Inc re #113 MOTION for Partial Summary Judgment re: Insurance (Attachments: #1 Exhibits A-I)(Hineline, Curt)
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Filing 123
RESPONSE, by Defendant Trinity Healthshare Inc, to #113 MOTION for Partial Summary Judgment re: Insurance. (Attachments: #1 Proposed Order)(Hineline, Curt)
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Filing 122
Joint MOTION for Leave to File a Sur-Reply, filed by Defendants Aliera Healthcare, Inc., The Aliera Companies Inc, Trinity Healthshare Inc. (Hineline, Curt)
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Filing 121
REPLY, filed by Defendants Aliera Healthcare, Inc., The Aliera Companies Inc, Trinity Healthshare Inc, TO RESPONSE to #103 MOTION to Stay Proceedings Pending Appeal, #101 MOTION to Stay Proceedings Pending Appeal (Attachments: #1 Exhibit A, #2 Exhibit B)(Jolly, Richard)
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Filing 120
Supplemental DECLARATION of Toni Hood filed by Plaintiffs Jon Perrin, Julie Perrin re #110 MOTION for Reconsideration re #105 Order on Motion to Compel , or in the Alternative to Stay, the Order Compelling Arbitration (Hamburger, Eleanor)
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Filing 119
REPLY, filed by Plaintiffs Jon Perrin, Julie Perrin, TO RESPONSE to #110 MOTION for Reconsideration re #105 Order on Motion to Compel , or in the Alternative to Stay, the Order Compelling Arbitration (Hamburger, Eleanor)
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Filing 118
RESPONSE, by Defendants Aliera Healthcare, Inc., The Aliera Companies Inc, Trinity Healthshare Inc, to #110 MOTION for Reconsideration re #105 Order on Motion to Compel , or in the Alternative to Stay, the Order Compelling Arbitration. (Jolly, Richard)
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Filing 117
DECLARATION of Roslyn Jackson filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #103 MOTION to Stay Proceedings Pending Appeal, #101 MOTION to Stay Proceedings Pending Appeal (Hamburger, Eleanor)
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Filing 116
RESPONSE, by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin, to #103 MOTION to Stay Proceedings Pending Appeal, #101 MOTION to Stay Proceedings Pending Appeal. (Hamburger, Eleanor)
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Filing 115
MINUTE ORDER: Having considered Plaintiffs' unopposed Motion to Seal/Redact, Dkt. No. #82 , the Court finds good cause to seal the documents at issue and hereby grants the motion. Authorized by Judge Barbara J. Rothstein. (TH)
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Filing 114
DECLARATION of Eleanor Hamburger filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #113 MOTION for Partial Summary Judgment re: Insurance (Hamburger, Eleanor)
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Filing 113
MOTION for Partial Summary Judgment re: Insurance, filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin. (Hamburger, Eleanor)
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Filing 112
MINUTE ORDER: The Court extends the temporary stay on discovery as set forth in the Minute Order dated August 4, 2020 (Dkt. No. 100 ) until such time that the Court resolves the following motions: (1) Motion to Stay Proceedings Pending Appeal (Dkt. No. #101 ); (2) Motion to Stay Proceedings Pending Appeal (Dkt. No. #103 ); and (3) Motion for Reconsideration regarding Order on Motion to Compel, or in the alternative to Stay the Order Compelling Arbitration (Dkt. No. #110 ). Plaintiffs shall file their response to the Motion to Stay Proceedings Pending Appeal (Dkt. Nos. #101 , #103 ) on or before September 9, 2020. Defendants' joint reply shall be filed on or before September 14, 2020. Defendants' joint opposition to the Motion for Reconsideration regarding Order on Motion to Compel, or in the alternative to Stay the Order Compelling Arbitration (Dkt. No. #110 ) shall be filed on or before September 9, 2020. Plaintiffs' reply shall be filed on or before September 14, 2020. Authorized by Judge Barbara J. Rothstein. (LH)
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Filing 111
MINUTE ORDER: The Court having previously denied Defendants' motions to dismiss on May 26, 2020, Dkt. No. #47 , Plaintiffs' Renewed Motion to Supplement the Record and for Judicial Notice is hereby stricken as moot, Dkt. No. #34 . Authorized by Judge Barbara J. Rothstein. (LH)
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Filing 110
MOTION for Reconsideration re #105 Order on Motion to Compel , or in the Alternative to Stay, the Order Compelling Arbitration, filed by Plaintiffs Jon Perrin, Julie Perrin. (Hamburger, Eleanor)
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***Per the direction of Chambers Motion terminated as moot in light of the Court's decisions at Dkt. Nos. #90 and #105 : #66 MOTION to Stay - The Aliera Companies Inc. and Trinity Healthshare, Inc.'s Motion to Stay Proceedings and Any Further Discovery filed by Aliera Healthcare, Inc., The Aliera Companies Inc. (TH)
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Filing 109
NOTICE to Withdraw Pending Motion re #71 MOTION to Certify Class ; by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin. (Hamburger, Eleanor)
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Filing 108
PROPOSED ORDER (Unsigned) re #101 MOTION to Stay Proceedings Pending Appeal (Hineline, Curt)
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Filing 107
TIME SCHEDULE ORDER ( #20-35726) as to #102 Notice of Appeal filed by Trinity Healthshare Inc (CDA)
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Filing 106
TIME SCHEDULE ORDER ( #20-35725) as to #104 Notice of Appeal filed by Aliera Healthcare, Inc., The Aliera Companies Inc (CDA)
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Filing 105
ORDER granting Defendants' #61 Motion to Compel and to Stay the Proceedings Pending Arbitration. Signed by Judge Barbara J. Rothstein. (TH)
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Filing 104
NOTICE OF APPEAL to Ninth Circuit ( 20-35725)re #90 Order on Motion to Compel,,, by Defendants Aliera Healthcare, Inc., The Aliera Companies Inc. $505, receipt number AWAWDC-6536475 (cc: USCA) (Jolly, Richard) Modified on 8/18/2020 add CCA # (CDA).
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Filing 103
MOTION to Stay Proceedings Pending Appeal, filed by Defendants Aliera Healthcare, Inc., The Aliera Companies Inc. (Attachments: #1 Proposed Order)(Jolly, Richard)
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Filing 102
NOTICE OF APPEAL to Ninth Circuit re #90 Order on Motion to Compel,,, by Defendant Trinity Healthshare Inc. $505, receipt number AWAWDC-6536305 (cc: USCA) (Hineline, Curt)
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Filing 101
MOTION to Stay Proceedings Pending Appeal, filed by Defendant Trinity Healthshare Inc. (Hineline, Curt)
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Filing 100
MINUTE ORDER: The parties have expressed concerns about discovery and other matters pending the Court's ruling on the pending motion to compel arbitration, Dkt. No. #61 . The Court will temporarily stay discovery and briefing until such time the Court rules on the pending motion, which the Court anticipates will be shortly. Authorized by Judge Barbara J. Rothstein. (TH)
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Filing 99
NOTICE Regarding Deadline to Respond to Plaintiffs' Motion for Class Certification ; filed by Defendants Aliera Healthcare, Inc., The Aliera Companies Inc, Trinity Healthshare Inc. (Hineline, Curt)
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Filing 98
REPLY, filed by Defendants Aliera Healthcare, Inc., The Aliera Companies Inc, TO RESPONSE to #66 MOTION to Stay - The Aliera Companies Inc. and Trinity Healthshare, Inc.'s Motion to Stay Proceedings and Any Further Discovery (Jolly, Richard)
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Filing 97
REPLY, filed by Defendants Aliera Healthcare, Inc., The Aliera Companies Inc, TO RESPONSE to #61 MOTION to Compel -- Defendants The Aliera Companies, Inc.'s and Trinity Healthshare, Inc.'s Motion to Compel Arbitration and Stay the Proceedings Pending Arbitration Pursuant to 9 U.S.C. sections 3 and 4 (Attachments: #1 Exhibit A (Declaration of Kathleen Kromodimedjo))(Jolly, Richard)
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Filing 96
STIPULATION AND PROPOSED ORDER Regarding Class Certification Briefing Schedule by parties (Hineline, Curt)
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Filing 95
MINUTE ORDER: The Court is in receipt of Defendants' Motion to Stay Proceedings and Any Further Discovery. Dkt. No. #66 . The Court requests that Defendants file their reply briefs by 7/31/2020. (MW)
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Filing 94
ORDER re #91 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jay Angoff for Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, and Jon Perrin, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 93
ORDER re #92 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Cyrus Mehri for Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, and Julie Perrin, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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***Motion terminated: At the direction of chambers, Defendants' #44 MOTION to Stay Discovery is STRICKEN as moot pursuant to the Court's Order at Dkt. #47 . (LW)
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Filing 92
APPLICATION OF ATTORNEY Cyrus Mehri FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin (Fee Paid) Receipt No. AWAWDC-6477621 (Hamburger, Eleanor)
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Filing 91
APPLICATION OF ATTORNEY Jay Angoff FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin (Fee Paid) Receipt No. AWAWDC-6477613 (Hamburger, Eleanor)
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NOTICE of Docket Text Modification re #90 Order on Motion to Compel: struck through #61 link as this is still a pending motion. Order does not dispose of document #61 . (PM)
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Filing 90
ORDER denying Defendants' #52 consolidated motion to compel arbitration. Given the Court's ruling, the #61 Motion to Stay the Proceedings Pending Arbitration, and Stay Discovery Pending a Decision on the Motion to Compel Arbitration are stricken as moot. Signed by Judge Barbara J. Rothstein. (PM) Modified on 7/21/2020 to strike through #61 link which is still a pending motion (PM).
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Filing 89
Joint Stipulated MOTION for Amended Case Scheduling Order, filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin. (Hamburger, Eleanor)
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Filing 88
DECLARATION of Eleanor Hamburger filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #66 MOTION to Stay - The Aliera Companies Inc. and Trinity Healthshare, Inc.'s Motion to Stay Proceedings and Any Further Discovery (Hamburger, Eleanor)
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Filing 87
RESPONSE, by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin, to #66 MOTION to Stay - The Aliera Companies Inc. and Trinity Healthshare, Inc.'s Motion to Stay Proceedings and Any Further Discovery. (Hamburger, Eleanor)
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Filing 86
PROPOSED ORDER (Unsigned) re #83 Response to Motion, Denying Defendants' Second Consolidated Motion to Compel Arbitration and Stay Case (Hamburger, Eleanor)
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Filing 85
SEALED DOCUMENT Exhibit A-Redacted Copy of Sealed Document by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #82 MOTION to Seal /Redact, #84 Declaration,, (Attachments: #1 Exhibit C-Redacted Copy of Sealed Document, #2 Exhibit A-Unredacted Sealed Document, #3 Exhibit C-Unredacted Sealed Document)(Hamburger, Eleanor)
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Filing 84
DECLARATION of Eleanor Hamburger filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #61 MOTION to Compel -- Defendants The Aliera Companies, Inc.'s and Trinity Healthshare, Inc.'s Motion to Compel Arbitration and Stay the Proceedings Pending Arbitration Pursuant to 9 U.S.C. sections 3 and 4 (Attachments: #1 Exhibit A Placeholder-Filed under Seal, #2 Exhibit B, #3 Exhibit C Placeholder-Filed under Seal)(Hamburger, Eleanor)
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Filing 83
RESPONSE, by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin, to #61 MOTION to Compel -- Defendants The Aliera Companies, Inc.'s and Trinity Healthshare, Inc.'s Motion to Compel Arbitration and Stay the Proceedings Pending Arbitration Pursuant to 9 U.S.C. sections 3 and 4. (Hamburger, Eleanor)
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Filing 82
MOTION to Seal /Redact, filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin. (Attachments: #1 Proposed Order)(Hamburger, Eleanor)
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Filing 81
ORDER re #80 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Elizabeth B Shirley for Defendant The Aliera Companies Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 80
APPLICATION OF ATTORNEY Elizabeth B. Shirley FOR LEAVE TO APPEAR PRO HAC VICE for Defendant The Aliera Companies Inc (Fee Paid) Receipt No. CWAWDC-6461907 (Sargent, Edgar)
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Filing 79
DECLARATION of Cyrus Mehri filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #71 MOTION to Certify Class (Spoonemore, Richard)
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Filing 78
DECLARATION of Michael David Myers filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #71 MOTION to Certify Class (Spoonemore, Richard)
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Filing 77
DECLARATION of Richard E. Spoonemore filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #71 MOTION to Certify Class (Spoonemore, Richard)
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Filing 76
DECLARATION of Julie Perrin filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #71 MOTION to Certify Class (Spoonemore, Richard)
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Filing 75
DECLARATION of Jon Perrin filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #71 MOTION to Certify Class (Spoonemore, Richard)
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Filing 74
DECLARATION of Dean Mellom filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #71 MOTION to Certify Class (Spoonemore, Richard)
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Filing 73
DECLARATION of Roslyn Jackson filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #71 MOTION to Certify Class (Spoonemore, Richard)
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Filing 72
DECLARATION of Gerald Jackson filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin re #71 MOTION to Certify Class (Spoonemore, Richard)
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Filing 71
MOTION to Certify Class , filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, Jon Perrin, Julie Perrin. (Spoonemore, Richard)
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Filing 70
ORDER re #69 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Robert H Rutherford for Defendant The Aliera Companies Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 69
APPLICATION OF ATTORNEY Robert H. Rutherford FOR LEAVE TO APPEAR PRO HAC VICE for Defendant The Aliera Companies Inc (Fee Paid) Receipt No. AWAWDC-6456216 (Sargent, Edgar)
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Filing 68
MINUTE ORDER. ): The Court is in receipt of Defendants' second Motion to Compel Arbitration and Stay the Proceedings Pending Arbitration Pursuant to 9 U.S.C. sections 3 and 4. Dkt. No. #61 . The Court requests that Plaintiffs file a response brief by July 15, 2020, addressing the arguments Defendants raise with respect to the new plaintiffs. Defendants should file their reply brief no later than July 29, 2020. Authorized by Judge Barbara J. Rothstein. (TH)
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Filing 67
ORDER granting Plaintiffs' #40 Motion for Leave to File a Second Amended Complaint. Signed by Judge Barbara J. Rothstein. (TH)
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Filing 66
MOTION to Stay - The Aliera Companies Inc. and Trinity Healthshare, Inc.'s Motion to Stay Proceedings and Any Further Discovery, filed by Defendants Aliera Healthcare, Inc., The Aliera Companies Inc. (Attachments: #1 Proposed Order)(Jolly, Richard)
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Filing 65
AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER re parties' #64 Proposed Order signed by Judge Barbara J. Rothstein. (TH)
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Filing 64
PROPOSED ORDER (Unsigned) AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND [PROPOSED] ORDER (Sargent, Edgar)
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Filing 63
ANSWER to #57 Amended Complaint,, Defendant The Aliera Companies, Inc.'s, Formerly Known as Aliera Healthcare, Inc., Answer and Defenses to Plaintiffs' Second Amended Class Action Complaint by Aliera Healthcare, Inc., The Aliera Companies Inc.(Jolly, Richard)
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Filing 62
ANSWER to #57 Amended Complaint,, by Trinity Healthshare Inc.(Hineline, Curt)
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Filing 61
MOTION to Compel -- Defendants The Aliera Companies, Inc.'s and Trinity Healthshare, Inc.'s Motion to Compel Arbitration and Stay the Proceedings Pending Arbitration Pursuant to 9 U.S.C. sections 3 and 4, filed by Defendants Aliera Healthcare, Inc., The Aliera Companies Inc. (Attachments: #1 Proposed Order)(Jolly, Richard)
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Filing 60
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of motions hearing held on 6/9/2020 before Judge Barbara J. Rothstein.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 Nancy Bauer, nancy_bauer@wawd.uscourts.gov, 206-370-8506. Release of Transcript Restriction set for 9/17/2020, (NB)
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Filing 59
REPLY, filed by Defendant Trinity Healthshare Inc, TO RESPONSE to #52 MOTION to Compel The Aliera Companies, Inc.s And Trinity Healthshare Inc.s Consolidated Motion To Compel Arbitration And Stay The Proceedings Pending Arbitration Pursuant To 9 U.S.C. 3 And 4; And Motion To Stay Discovery Pending A Deci (Hineline, Curt)
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Filing 58
REPLY, filed by Defendants Aliera Healthcare, Inc., The Aliera Companies Inc, TO RESPONSE to #52 MOTION to Compel The Aliera Companies, Inc.s And Trinity Healthshare Inc.s Consolidated Motion To Compel Arbitration And Stay The Proceedings Pending Arbitration Pursuant To 9 U.S.C. 3 And 4; And Motion To Stay Discovery Pending A Deci (Jolly, Richard)
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Filing 57
Second AMENDED COMPLAINT (Class Action) against All Defendants, filed by Roslyn Jackson, Gerald Jackson, Dean Mellom, Jon Perrin, Julie Perrin. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E, #6 Appendix F, #7 Appendix G, #8 Appendix H, #9 Appendix I, #10 Appendix J, #11 Appendix K, #12 Appendix L, #13 Appendix M, #14 Appendix N, #15 Appendix O, #16 Appendix P, #17 Appendix Q, #18 Appendix R, #19 Appendix S, #20 Appendix T, #21 Appendix U)(Hamburger, Eleanor)
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Filing 56
MINUTE ENTRY for proceedings held before Judge Barbara J. Rothstein- Dep Clerk: Lowell Williams; Pla Counsel: Richard Spoonemore, Eleanor Hamburger; Def Counsel: Richard Jolley, Ronan Doherty, Edgar Sargent, Curt Hineline, Jacqueline Menk; CR: Nancy Bauer; Time of Hearing: 10:00 AM; Telephonic Discovery Hearing held on 6/9/2020. Court hears argument from counsel on the pending motions. Court grants plaintiffs' motion to amend complaint and sets a deadline of 6/26/2020 for defendants to respond to plaintiffs' discovery requests. Written order to follow. (LW)
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Filing 55
DECLARATION of Richard E. Spoonemore filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom re #52 MOTION to Compel The Aliera Companies, Inc.s And Trinity Healthshare Inc.s Consolidated Motion To Compel Arbitration And Stay The Proceedings Pending Arbitration Pursuant To 9 U.S.C. 3 And 4; And Motion To Stay Discovery Pending A Deci (Spoonemore, Richard)
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Filing 54
DECLARATION of Toni Hood filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom re #52 MOTION to Compel The Aliera Companies, Inc.s And Trinity Healthshare Inc.s Consolidated Motion To Compel Arbitration And Stay The Proceedings Pending Arbitration Pursuant To 9 U.S.C. 3 And 4; And Motion To Stay Discovery Pending A Deci (Spoonemore, Richard)
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Filing 53
RESPONSE, by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, to #52 MOTION to Compel The Aliera Companies, Inc.s And Trinity Healthshare Inc.s Consolidated Motion To Compel Arbitration And Stay The Proceedings Pending Arbitration Pursuant To 9 U.S.C. 3 And 4; And Motion To Stay Discovery Pending A Deci. (Spoonemore, Richard)
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Set Hearings: Telephonic Discovery Hearing set for 6/9/2020 at 10:00 AM before Judge Barbara J. Rothstein. (LW)
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Filing 52
MOTION to Compel The Aliera Companies, Inc.s And Trinity Healthshare Inc.s Consolidated Motion To Compel Arbitration And Stay The Proceedings Pending Arbitration Pursuant To 9 U.S.C. 3 And 4; And Motion To Stay Discovery Pending A Decision On The Motion To Compel Arbitration, filed by Defendant The Aliera Companies Inc. (Attachments: #1 Exhibit A, #2 Proposed Order Compelling Arbitration And Staying The Proceedings Pending Arbitration Pursuant To 9 U.S.C. 3 And 4, #3 Proposed Order Staying Discovery Pending A Ruling On The Motion To Compel Arbitration And Staying Proceedings Pursuant To 9 U.S.C. 3 And 4)(Wallace, Genevieve)
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Filing 51
NOTICE of Appearance by attorney Edgar Guy Sargent on behalf of Defendant The Aliera Companies Inc. (Sargent, Edgar)
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Filing 50
ORDER re #48 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Ronan Patrick Doherty for Defendant The Aliera Companies Inc, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 49
PRAECIPE to attach document ECF Agreement for Ronan P. Doherty re #48 Application for Leave to Appear Pro Hac Vice by Defendant The Aliera Companies Inc (Wallace, Genevieve)
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Filing 48
APPLICATION OF ATTORNEY Ronan P. Doherty FOR LEAVE TO APPEAR PRO HAC VICE for Defendant The Aliera Companies Inc (Fee Paid) Receipt No. AWAWDC-6378676 (Wallace, Genevieve)
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Filing 47
ORDER denying Defendants' Motions to Dismiss (Dkt. Nos. #21 , #23 ). Signed by Judge Barbara J. Rothstein. (TH)
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Filing 46
DECLARATION of Eleanor Hamburger filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom re #40 Second MOTION to Amend Complaint (Attachments: #1 Exhibit A)(Hamburger, Eleanor)
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Filing 45
REPLY, filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, TO RESPONSE to #40 Second MOTION to Amend Complaint (Hamburger, Eleanor)
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Filing 44
MOTION to Stay The Aliera Companies, Inc. And Trinity Healthshare, Inc.s Motion To Stay Discovery, filed by Defendant The Aliera Companies Inc. (Attachments: #1 Proposed Order)(Wallace, Genevieve)
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Filing 43
RESPONSE, by Defendants The Aliera Companies Inc, Trinity Healthshare Inc, to #40 Second MOTION to Amend Complaint. (Morrison, James)
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Filing 42
PRAECIPE re #40 Second MOTION to Amend Complaint by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom (Attachments: #1 [Revised] Plaintiffs' Motion for Leave to File Second Amended Complaint)(Hamburger, Eleanor)
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Filing 41
DECLARATION of Eleanor Hamburger filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom re #40 Second MOTION to Amend Complaint (Hamburger, Eleanor)
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Filing 40
Second MOTION to Amend Complaint, filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom. (Attachments: #1 Amended Complaint Second (redline), #2 Appendix A, #3 Appendix B, #4 Appendix C, #5 Appendix D, #6 Appendix E, #7 Appendix F, #8 Appendix G, #9 Appendix H, #10 Appendix I, #11 Appendix J, #12 Appendix K, #13 Appendix L, #14 Appendix M, #15 Appendix N, #16 Appendix O, #17 Appendix P, #18 Appendix Q, #19 Appendix R, #20 Appendix S, #21 Appendix T, #22 Appendix U, #23 Proposed Order)(Hamburger, Eleanor)
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Filing 39
STIPULATED PROTECTIVE ORDER re Parties' #38 Stipulation. Signed by Judge Barbara J. Rothstein. (MW)
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Filing 38
STIPULATION AND PROPOSED ORDER [Model Proposed] Stipulated Protective Order by parties (Hamburger, Eleanor)
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Filing 37
REPLY, filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, TO RESPONSE to #34 MOTION Renewed Motion to Supplement the Record and for Judicial Notice re #27 Response to Motion to Dismiss (Spoonemore, Richard)
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Filing 36
RESPONSE, by Defendants Aliera Healthcare Inc, The Aliera Companies Inc, Trinity Healthshare Inc, to #34 MOTION Renewed Motion to Supplement the Record and for Judicial Notice re #27 Response to Motion to Dismiss. (Wallace, Genevieve)
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Filing 35
DECLARATION of Richard E. Spoonemore filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom re #34 MOTION Renewed Motion to Supplement the Record and for Judicial Notice re #27 Response to Motion to Dismiss (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Spoonemore, Richard)
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Filing 34
MOTION Renewed Motion to Supplement the Record and for Judicial Notice re #27 Response to Motion to Dismiss, filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom. (Attachments: #1 Proposed Order)(Spoonemore, Richard)
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Filing 33
NOTICE to Withdraw Pending Motion re #31 MOTION to Supplement the Record and for Judicial Notice re #27 Response to Motion to Dismiss ; by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom. (Spoonemore, Richard)
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Filing 32
DECLARATION of Richard E. Spoonemore filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom re #31 MOTION to Supplement the Record and for Judicial Notice re #27 Response to Motion to Dismiss (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Spoonemore, Richard)
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Filing 31
MOTION to Supplement the Record and for Judicial Notice re #27 Response to Motion to Dismiss, filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom. (Attachments: #1 Proposed Order)(Spoonemore, Richard)
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Filing 30
REPLY, filed by Defendant Trinity Healthshare Inc, TO RESPONSE to #21 MOTION to Dismiss (Morrison, James)
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Filing 29
REPLY, filed by Defendants Aliera Healthcare Inc, The Aliera Companies Inc, TO RESPONSE to #23 MOTION to Dismiss THE ALIERA COMPANIES, INC.'S MOTION TO DISMISS (Wallace, Genevieve)
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Filing 28
DECLARATION of Richard E. Spoonemore in Support of Plaintiffs' Consolidated Response to Defendants' Motions to Dismiss filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom re #21 MOTION to Dismiss , #23 MOTION to Dismiss THE ALIERA COMPANIES, INC.'S MOTION TO DISMISS (Attachments: #1 Exhibit A, pp. 4-26, #2 Exhibit B, pp. 27-28)(Spoonemore, Richard)
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Filing 27
RESPONSE, by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom, to #21 MOTION to Dismiss , #23 MOTION to Dismiss THE ALIERA COMPANIES, INC.'S MOTION TO DISMISS. (Spoonemore, Richard)
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Filing 26
ORDER re #25 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Richard L Jolly for Aliera Healthcare Inc Defendant The Aliera Companies, Inc., by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) Modified on 11/5/2019 (DS).
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Filing 25
APPLICATION OF ATTORNEY Richard L. Jolly FOR LEAVE TO APPEAR PRO HAC VICE for Defendant The Aliera Companies Inc (Fee Paid) Receipt No. 0981-5995835 (Wallace, Genevieve)
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Filing 24
MINUTE ORDER: Pursuant to the Standing Order for Civil Cases (Standing Order) [Dkt. No. 10], the Court HEREBY STRIKES the noting date for the motion to dismiss [Dkt. No. 23]. Instead, pursuant to Section II.A. 3 of the Standing Order, the opposition to the motion is due twenty-one (21) days after the date on which the motion was filed and the reply is due fourteen (14) days after the opposition is filed. This Minute Order does not strike the motion; rather, it strikes the noting date. The Court will consider the motion upon the completion of briefing in accordance with the foregoing schedule. In the future, the Court expects the parties to comply with the terms of the Standing Order. Authorized by Judge Barbara J. Rothstein. (RM)
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Filing 23
MOTION to Dismiss THE ALIERA COMPANIES, INC.'S MOTION TO DISMISS, filed by Defendants Aliera Healthcare Inc, The Aliera Companies Inc. (Attachments: #1 Proposed Order of Dismissal) (Wallace, Genevieve)
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Filing 22
DECLARATION of James R. Morrison in Support of Defendant Trinity Healthshare, Inc.'s Motion to Dismiss filed by Defendant Trinity Healthshare Inc re #21 MOTION to Dismiss (Attachments: #1 Exhibits A-C)(Morrison, James)
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Filing 21
MOTION to Dismiss , filed by Defendant Trinity Healthshare Inc. (Attachments: #1 Proposed Order)(Morrison, James)
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Filing 20
MINUTE ORDER: The trial scheduled for 2/8/2021 at 09:30 AM in Courtroom 16106 before Judge Barbara J. Rothstein is rescheduled as a JURY TRIAL. All other dates and deadlines remain as set. Authorized by Judge Barbara J. Rothstein. (RM)
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Filing 19
DEMAND for JURY TRIAL by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom (Spoonemore, Richard)
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Filing 18
ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: 8 DAY - Bench Trial is set for 2/8/2021 at 09:30 AM in Courtroom 16106 before Judge Barbara J. Rothstein. Joinder of Parties due by 11/20/2019, Amended Pleadings due by 12/2/2019, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 7/13/2020, Discovery completed by 8/12/2020, Dispositive motions due by 9/11/2020, Motions in Limine due by 1/4/2021, Joint Pretrial Statement due by 1/11/2021, Pretrial Conference set for 1/25/2021 at 11:00 AM in Courtroom 16106 before Judge Barbara J. Rothstein. (RM)
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Filing 17
JOINT STATUS REPORT signed by all parties estimated Trial Days: 8. (Hamburger, Eleanor)
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Filing 16
AMENDED COMPLAINT [FIRST AMENDED CLASS ACTION COMPLAINT] against defendant(s) Aliera Healthcare Inc, The Aliera Companies Inc, Trinity Healthshare Inc, filed by Roslyn Jackson, Gerald Jackson, Dean Mellom. (Attachments: #1 Exhibit Appendix A, #2 Exhibit Appendix B, #3 Exhibit Appendix C, #4 Exhibit Appendix D, #5 Exhibit Appendix E, #6 Exhibit Appendix F, #7 Exhibit Appendix G, #8 Exhibit Appendix H, #9 Exhibit Appendix I, #10 Exhibit Appendix J, #11 Exhibit Appendix K, #12 Exhibit Appendix L, #13 Exhibit Appendix M)(Spoonemore, Richard)
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Filing 15
STIPULATION AND ORDER Extending Defendants' Time to Respond to Complaint re parties' #14 Stipulated Motion. Defendants' response is due October 10, 2019. Signed by Judge Barbara J. Rothstein. (TH)
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Filing 14
Stipulated MOTION for Extension of Time to File Answer re #1 Complaint,, , filed by Defendant The Aliera Companies Inc. Noting Date 9/9/2019, (Wallace, Genevieve)
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Filing 13
CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by The Aliera Companies Inc (Wallace, Genevieve)
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Filing 12
NOTICE of Appearance by attorney Genevieve Vose Wallace on behalf of Defendant The Aliera Companies Inc. (Wallace, Genevieve)
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Filing 11
CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Trinity Healthshare Inc (Hineline, Curt)
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Filing 10
STANDING ORDER FOR CIVIL CASES. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. Signed by Judge Barbara J. Rothstein. (RM)
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Filing 9
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 10/21/2019, FRCP 26f Conference Deadline is 10/7/2019, Initial Disclosure Deadline is 10/15/2019, by Judge Barbara J. Rothstein. (RM)
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Filing 8
NOTICE of Appearance by attorney James Raymond Morrison on behalf of Defendant Trinity Healthshare Inc. (Morrison, James)
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Filing 7
NOTICE of Appearance by attorney Curt Roy Hineline on behalf of Defendant Trinity Healthshare Inc. (Hineline, Curt)
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Filing 6
AFFIDAVIT of Service of Summons and Complaint on Aliera Healthcare, Inc. on 8/28/2019, filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom. (Hamburger, Eleanor)
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Filing 5
AFFIDAVIT of Service of Summons and Complaint on Trinity Healthshare, Inc. on 8/20/2019, filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom. (Hamburger, Eleanor)
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Filing 4
AFFIDAVIT of Service of Summons and Complaint on The Aliera Companies, Inc. on 8/20/2019, filed by Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom. (Hamburger, Eleanor)
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Filing 3
NOTICE of Appearance by attorney Samantha Lin on behalf of Plaintiffs Gerald Jackson, Roslyn Jackson, Dean Mellom. (Lin, Samantha)
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Filing 2
Summonses Electronically Issued as to defendants Aliera Healthcare Inc, The Aliera Companies Inc, and Trinity Healthshare Inc. (Attachments: #1 Summons, #2 Summons)(GT)
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Judge Barbara J. Rothstein added. (GT)
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Filing 1
COMPLAINT (Class Action) against All Defendants (Receipt # 0981-5885760) Attorney Eleanor Hamburger added to party Gerald Jackson(pty:pla), Attorney Eleanor Hamburger added to party Roslyn Jackson(pty:pla), Attorney Eleanor Hamburger added to party Dean Mellom(pty:pla), filed by Roslyn Jackson, Gerald Jackson, Dean Mellom. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E, #6 Appendix F, #7 Appendix G, #8 Appendix H, #9 Civil Cover Sheet, #10 Summons to The Aliera Companies, Inc., #11 Summons to Aliera Healthcare, Inc., #12 Summons to Trinity Healthshare, Inc.)(Hamburger, Eleanor)
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