Vargas v. Evergreen Professional Recoveries Inc et al
| Andrea Vargas |
| Evergreen Professional Recoveries, Inc., Kaiser Foundation Health Plan of Washington and Evergreen Professional Recoveries Inc |
| 2:2021cv00926 |
| July 12, 2021 |
| US District Court for the Western District of Washington |
| J Richard Creatura |
| Robert S Lasnik |
| Grady J Leupold |
| Consumer Credit |
| 28 U.S.C. § 1441 Petition for Removal - Fair Credit Reporting |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 16, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 74
STIPULATION AND ORDER of Dismissal re Parties' #73 Stipulated MOTION. All claims as to Defendant Evergreen Professional Recoveries, Inc. herein are dismissed with prejudice and without an award of fees or costs to any party. Signed by Judge Robert S. Lasnik. (LH)
|
|
***Civil Case Terminated per the Court's #69 , #74 Orders dismissing parties. (LH)
|
|
Filing 73
Stipulated MOTION and Order of Dismissal as to Defendant Evergreen, filed by Plaintiff Andrea Vargas. Noting Date 6/15/2023, (Santiago, Thomas)
|
|
Filing 72
TIME SCHEDULE ORDER/ USCA CASE NUMBER (23-35386) as to #71 Notice of Appeal, filed by Andrea Vargas. (RE)
|
|
Filing 71
NOTICE OF APPEAL to Ninth Circuit (23-35386) re #69 Order on Stipulated Motion, Add and Terminate Parties, #66 Order on Objections to Report and Recommendation, by Plaintiff Andrea Vargas. $505, receipt number AWAWDC-8035318 (cc: USCA) (Attachments: #1 Exhibit Certification re transcript)(Anderson, Jason) Modified on 6/7/2023 to add CCA#. (RE)
|
|
Filing 70
ORDER SETTING TRIAL DATE & RELATED DATES. Trial Length: 1 Day. Non-Jury Trial is set for 8/8/2023 before Judge Robert S. Lasnik. Attorney settlement conference to be held by 7/2/2023, Motions in Limine due by 7/3/2023, Agreed Pretrial Order due by 7/18/2023, Trial briefs/trial exhibits to be submitted by 8/1/2023. Signed by Judge Robert S. Lasnik. (LH)
|
|
Filing 69
ORDER re Parties' #68 Stipulated MOTION re Dismissal. The remaining unadjudicated claims of plaintiff against defendant Kaiser Foundation Health Plan of Washington are DISMISSED with prejudice and without costs. This Order is a final order of all claims against Defendant Kaiser Foundation Health Plan of Washington. The Court will issue a scheduling order setting a trial on the issue of damages. Signed by Judge Robert S. Lasnik. (LH)
|
|
Filing 68
Joint Stipulated MOTION re Dismissal/Final Order, filed by Defendant Kaiser Foundation Health Plan of Washington. (Attachments: #1 Proposed Order) Noting Date 5/1/2023, (Wyatt, Todd)
|
|
Filing 67
ORDER REFERRING CASE to Judge Grady J Leupold, by Clerk Ravi Subramanian. (KAM)
|
|
Filing 66
ORDER adopting #61 Report and Recommendation. Plaintiff's motion for partial summary judgment (Dkt. #49 ) is GRANTED as to plaintiff's Fair Debt Collection Practices Act ("FDCPA") claims against Evergreen Professional Recoveries Inc ("EPR") and DENIED as to all other claims against EPR and Kaiser. EPR's motion for partial summary judgment (Dkt. #51 ) is DENIED as to the FDCPA claim against it and GRANTED as to all other claims addressed therein. Kaiser's motion for partial summary judgment (Dkt. #52 ) is GRANTED as to all claims addressed therein. Signed by Judge Robert S. Lasnik. (SB)
|
|
Filing 65
RESPONSE to #63 OBJECTIONS to filed by Defendant Kaiser Foundation Health Plan of Washington (Wyatt, Todd)
|
|
Filing 64
RESPONSE to #62 OBJECTIONS by Defendant Evergreen Professional Recoveries Inc to #61 Report and Recommendations,. filed by Plaintiff Andrea Vargas (Anderson, Jason)
|
|
The #61 REPORT AND RECOMMENDATION is terminated per the filing of the Objections at dkts. #62 and #63 . The Objections are re-noted for 12/2/2022 per LCR 7(d)(3). (LH)
|
|
Filing 63
OBJECTIONS re #61 #23 REPORT AND RECOMMENDATION re #14 MOTION for Summary Judgment filed by Kaiser Foundation Health Plan of Washington. by Plaintiff Andrea Vargas. Noted by Clerk for 12/2/2022. (Anderson, Jason) Modified to change event type, edit title, and add noting date on 11/17/2022 (LH).
|
|
Filing 62
OBJECTIONS by Defendant Evergreen Professional Recoveries Inc to #61 Report and Recommendations,. Noting Date 12/2/2022 12/9/2022, (Shafer, Andrew) Modified noting date on 11/17/2022 (LH).
|
|
Filing 61
REPORT AND RECOMMENDATION re Plaintiff's #49 MOTION for Partial Summary Judgment, Defendant EPR's #51 CROSS MOTION AND RESPONSE, and Defendant Kaiser's #52 CROSS MOTION AND RESPONSE. The parties shall have fourteen (14) days from service of this Report to file written objections. Noting Date 11/18/2022. Signed by Judge J Richard Creatura. (Attachments: #1 Proposed Order) (LH)
|
|
Filing 60
AMENDED ANSWER AMENDMENT First Amended Answer re #1 Notice of Removal by Defendant Kaiser Foundation Health Plan of Washington (Wyatt, Todd) Modified to correct title add linkage on 10/18/2022 (LH).
|
|
Filing 59
ORDER granting Defendant's #53 Motion for Leave to File First Amended Answer. Signed by Judge J Richard Creatura. (LH)
|
|
Filing 58
REPLY, filed by Defendant Kaiser Foundation Health Plan of Washington, TO RESPONSE to #52 CROSS MOTION AND RESPONSE re #49 MOTION for Summary Judgment as to all Defendants (Wyatt, Todd)
|
|
Filing 57
REPLY, filed by Defendant Evergreen Professional Recoveries Inc, TO RESPONSE to #52 CROSS MOTION AND RESPONSE re #49 MOTION for Summary Judgment as to all Defendants (Attachments: #1 Proposed Order)(Shafer, Andrew)
|
|
Filing 56
RESPONSE, by Plaintiff Andrea Vargas, to #52 CROSS MOTION AND RESPONSE re #49 MOTION for Summary Judgment as to all Defendants, #49 MOTION for Summary Judgment as to all Defendants. (Attachments: #1 Exhibit Declaration of counsel)(Anderson, Jason)
|
|
Filing 55
REPLY, filed by Defendant Kaiser Foundation Health Plan of Washington, TO RESPONSE to #53 MOTION for Leave to File First Amended Answer (Wyatt, Todd)
|
|
Filing 54
RESPONSE, by Plaintiff Andrea Vargas, to #53 MOTION for Leave to File First Amended Answer. (Attachments: #1 Proposed Order)(Anderson, Jason)
|
|
Filing 53
MOTION for Leave to File First Amended Answer, filed by Defendant Kaiser Foundation Health Plan of Washington. Noting Date 8/19/2022, (Wyatt, Todd)
|
|
Filing 52
CROSS MOTION AND RESPONSE re #49 MOTION for Summary Judgment as to all Defendants, filed by Defendant Kaiser Foundation Health Plan of Washington. Noting Date 9/9/2022, (Wyatt, Todd)
|
|
Filing 51
RESPONSE, by Defendant Evergreen Professional Recoveries Inc, to #49 MOTION for Summary Judgment as to all Defendants. (Attachments: #1 Proposed Order Granting EPR Motion for Summary Judgment Dismissing Complaint with Prejudice)(Shafer, Andrew)
|
|
Filing 50
ORDER denying Defendant's #45 Motion for Relief from Deadline. Signed by Judge J Richard Creatura. (LH)
|
|
Filing 49
MOTION for Summary Judgment as to all Defendants, filed by Plaintiff Andrea Vargas. (Attachments: #1 Proposed Order) Noting Date 9/9/2022, (Anderson, Jason)
|
|
Filing 48
ORDER striking #34 , #35 , #39 , and #47 Summary Judgment Motions and Setting Briefing Schedule. Plaintiff shall file one summary judgment motion by 7/21/2022, noted for 9/9/2022. Defendants may each file a cross-motion and response by 8/11/2022. Plaintiff may file a consolidated opposition and reply by 9/1/2022. Defendants may file a reply brief by 9/9/2022. Signed by Judge J Richard Creatura. (LH)
|
|
Filing 47
MOTION for Summary Judgment , filed by Defendant Evergreen Professional Recoveries Inc. (Attachments: #1 Proposed Order) Noting Date 7/8/2022, (Shafer, Andrew)
|
|
Filing 46
RESPONSE, by Plaintiff Andrea Vargas, to #45 MOTION for Relief from Deadline. (Attachments: #1 Proposed Order)(Anderson, Jason)
|
|
Filing 45
MOTION for Relief from Deadline, filed by Defendant Evergreen Professional Recoveries Inc. (Attachments: #1 Shafer Declaration in Support, #2 Proposed Order) Noting Date 6/10/2022, (Shafer, Andrew)
|
|
Filing 44
REPLY, filed by Defendant Kaiser Foundation Health Plan of Washington, TO RESPONSE to #39 CROSS MOTION AND RESPONSE re #35 MOTION for Partial Summary Judgment as to Defendant Kaiser (Wyatt, Todd)
|
|
Filing 43
NOTICE of Unavailability of counsel Todd W Wyatt for Defendant Kaiser Foundation Health Plan of Washington from May 26 - June 1, June 17-July 1. (Wyatt, Todd)
|
|
Filing 42
ORDER Re-Noting Motions. The Clerk is directed to renote Docket Numbers #34 and #35 to May 27, 2022. However, the briefing schedule for each motion remains unchanged. Signed by Judge J Richard Creatura. (LH)
|
|
Filing 41
RESPONSE and Reply, by Plaintiff Andrea Vargas, to #35 MOTION for Partial Summary Judgment as to Defendant Kaiser, #39 CROSS MOTION AND RESPONSE re #35 MOTION for Partial Summary Judgment as to Defendant Kaiser. (Attachments: #1 Exhibit Declaration of Plaintiff)(Anderson, Jason) Modified title on 5/9/2022 (LH).
|
|
Filing 40
DECLARATION of Todd Wyatt filed by Defendant Kaiser Foundation Health Plan of Washington re #39 CROSS MOTION AND RESPONSE re #35 MOTION for Summary Judgment as to Defendant Kaiser (Wyatt, Todd)
|
|
Filing 39
CROSS MOTION AND RESPONSE re #35 MOTION for Partial Summary Judgment as to Defendant Kaiser, filed by Defendant Kaiser Foundation Health Plan of Washington. Noting Date 5/27/2022, (Wyatt, Todd) Modified title on 5/3/2022 (LH).
|
|
Filing 38
REPLY, filed by Plaintiff Andrea Vargas, TO RESPONSE to #34 MOTION for Summary Judgment as to Defendant Evergreen Professional Recoveries, Inc. (Attachments: #1 Exhibit Declaration of Plaintiff)(Anderson, Jason)
|
|
Filing 37
RESPONSE, by Defendant Evergreen Professional Recoveries Inc, to #34 MOTION for Summary Judgment as to Defendant Evergreen Professional Recoveries, Inc.. (Attachments: #1 Shafer Declaration, #2 Severtsen Declaration, #3 Proposed Order)(Shafer, Andrew)
|
|
Filing 36
ORDER denying Defendant's #28 Motion for Relief From Deadline. Signed by Judge J Richard Creatura. (LH)
|
|
Filing 35
MOTION for Partial Summary Judgment as to Defendant Kaiser, filed by Plaintiff Andrea Vargas. (Attachments: #1 Exhibit Declaration of counsel, #2 Proposed Order) Noting Date 5/27/2022 5/6/2022, (Anderson, Jason) Modified title on 5/3/2022 (LH). Modified noting date on 5/12/2022 (LH).
|
|
Filing 34
MOTION for Partial Summary Judgment as to Defendant Evergreen Professional Recoveries, Inc., filed by Plaintiff Andrea Vargas. (Attachments: #1 Exhibit Declaration of counsel, #2 Exhibit Declaration of Plaintiff, #3 Proposed Order) Noting Date 5/27/2022 4/22/2022, (Anderson, Jason) Modified title on 5/3/2022 (LH). Modified noting date on 5/12/2022 (LH).
|
|
Filing 33
ORDER granting Plaintiff's #25 Motion for Protective Order re Remote Deposition. Signed by Judge J Richard Creatura. (LH)
|
|
Filing 32
RESPONSE, by Plaintiff Andrea Vargas, to #28 MOTION for Relief from Deadline. (Attachments: #1 Exhibit Declaration of counsel, #2 Proposed Order)(Anderson, Jason)
|
|
Filing 31
PRAECIPE by Defendant Evergreen Professional Recoveries Inc (Attachments: #1 Corrected Motion for Relief from Deadline)(Shafer, Andrew)
|
|
Filing 30
REPLY, filed by Plaintiff Andrea Vargas, TO RESPONSE to #25 MOTION for Protective Order re: remote deposition (Anderson, Jason)
|
|
Filing 29
PRAECIPE re #28 MOTION for Relief by Defendant Evergreen Professional Recoveries Inc (Attachments: #1 Declaration of Counsel Re Relief from Deadline)(Shafer, Andrew)
|
|
Filing 28
MOTION for Relief from Deadline , filed by Defendant Evergreen Professional Recoveries Inc. (Attachments: #1 Declaration of Counsel) Noting Date 3/25/2022, (Shafer, Andrew) Modified title on 3/15/2022 (LH).
|
|
NOTICE REGARDING LACK OF PROPER SIGNATURE. The #28 Motion for Relief did not include a signature page and has not been signed by counsel for Defendant Evergreen Professional Recoveries. Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with #ECF Filing Procedures. Please file corrected signature page using Praecipe to Attach event and link to original filing. (LH)
|
|
Filing 27
PRAECIPE re #26 Response to Motion by Defendant Evergreen Professional Recoveries Inc (Shafer, Andrew)
|
|
Filing 26
RESPONSE, by Defendant Evergreen Professional Recoveries Inc, to #25 MOTION for Protective Order re: remote deposition. (Attachments: #1 Declaration in support of opposition to motion to remand)(Shafer, Andrew)
|
|
Filing 25
MOTION for Protective Order re: remote deposition, filed by Plaintiff Andrea Vargas. (Attachments: #1 Exhibit Declaration of Plaintiff, #2 Exhibit Declaration of Counsel, #3 Proposed Order) Noting Date 3/18/2022, (Anderson, Jason)
|
|
Filing 24
ORDER ADOPTING #23 REPORT AND RECOMMENDATION. Kaiser Foundation Health Plan of Washington's motion for summary judgment (Dkt. #14 ) is DENIED. Signed by Judge Robert S. Lasnik. (LH)
|
|
Filing 23
REPORT AND RECOMMENDATION to deny Defendant Kaiser's #14 MOTION for Summary Judgment. The parties shall have fourteen (14) days from service of this Report to file written objections. Noting Date 2/25/2022, Signed by Judge J Richard Creatura. (Attachments: #1 Proposed Order) (LH)
|
|
Filing 22
Second DECLARATION of Michelle Barlow filed by Defendant Kaiser Foundation Health Plan of Washington re #14 MOTION for Summary Judgment (Wyatt, Todd)
|
|
Filing 21
DECLARATION of Todd Wyatt filed by Defendant Kaiser Foundation Health Plan of Washington re #14 MOTION for Summary Judgment (Wyatt, Todd)
|
|
Filing 20
REPLY, filed by Defendant Kaiser Foundation Health Plan of Washington, TO RESPONSE to #14 MOTION for Summary Judgment (Wyatt, Todd)
|
|
Filing 19
RESPONSE, by Plaintiff Andrea Vargas, to #14 MOTION for Summary Judgment . (Attachments: #1 Exhibit Declaration of Plaintiff, #2 Proposed Order)(Anderson, Jason)
|
|
Filing 18
ORDER AMENDING SCHEDULING ORDER Re: #16 Motion for Relief, signed by Judge J Richard Creatura. Discovery completed by 5/30/2022, Dispositive motions due by 6/28/2022. (KAM)
|
|
Filing 17
STIPULATION by parties re #16 MOTION for Relief from Deadline (Shafer, Andrew)
|
|
Filing 16
MOTION for Relief from Deadline, filed by Defendant Evergreen Professional Recoveries Inc. (Attachments: #1 Supplement) Noting Date 1/7/2022, (Shafer, Andrew)
|
|
Filing 15
DECLARATION of Michelle Barlow filed by Defendant Kaiser Foundation Health Plan of Washington re #14 MOTION for Summary Judgment (Wyatt, Todd)
|
|
Filing 14
MOTION for Summary Judgment , filed by Defendant Kaiser Foundation Health Plan of Washington. Noting Date 1/14/2022, (Wyatt, Todd)
|
|
Filing 13
NOTICE of Unavailability of counsel Andrew David Shafer for Defendant Evergreen Professional Recoveries Inc from 12/31/2021-2/15/2022. (Shafer, Andrew)
|
|
Filing 12
SCHEDULING ORDER: Joinder of Parties due by 10/1/2021, Amended Pleadings due by 10/15/2021, Plaintiff's Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 12/10/2021, Defendant's Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 1/7/2022, Rebuttal Expert Disclosure/Reports due by 1/21/2022, Discovery completed by 3/31/2022, Dispositive motions due by 4/29/2022. Signed by Judge J Richard Creatura. (LH)
|
|
Filing 11
JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 1. (Anderson, Jason)
|
|
Filing 10
KFHPW's ANSWER to Complaint (Notice of Removal) re: #1 Notice of Removal . by Kaiser Foundation Health Plan of Washington.(Wyatt, Todd)
|
|
Filing 9
ANSWER to Complaint (Notice of Removal) re: #1 Notice of Removal . by Evergreen Professional Recoveries Inc.(Shafer, Andrew)
|
|
Filing 8
CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Evergreen Professional Recoveries Inc (Shafer, Andrew)
|
|
Filing 7
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent KFHPW Holdings, Corporate Parent/Other Affiliate Kaiser Foundation Health Plan Inc for Kaiser Foundation Health Plan of Washington. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Kaiser Foundation Health Plan of Washington (Wyatt, Todd) Modified on 7/19/2021 to add additional corporate parent/affiliate identified in disclosure statement (KB).
|
|
Filing 6
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due by 8/25/2021, FRCP 26(f) Conference Deadline is 8/4/2021, Initial Disclosure Deadline is 8/18/2021, by Judge J Richard Creatura. (KAM)
|
|
Filing 5
ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge J Richard Creatura. (KAM)
|
|
Filing 4
MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge Robert S. Lasnik and referred to Judge J Richard Creatura for all further proceedings, by Judge J Richard Creatura. (KAM)
|
|
Filing 3
NOTICE OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. Each party will be deemed to have knowingly and voluntarily consented to proceed before a Magistrate Judge if this form is not returned by 7/21/2021. Please Note: Forms must not be electronically filed with the Court. (KAM)
|
|
JSR NOTED on motion calendar; Noting Date 8/25/2021. (KAM)
|
|
Filing 2
LETTER from Clerk re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment. (RE)
|
|
NOTICE Pursuant to Fed.R.Civ.P 7.1, Defendant(s) Evergreen Professional Recoveries Inc and Kaiser Foundation Health Plan of Washington must file a Corporate Disclosure Statement by 7/20/2021. (RE)
|
|
Judge J Richard Creatura added. (RE)
|
|
Filing 1
NOTICE OF REMOVAL from King County Superior, case number none. Not filed; (Receipt # AWAWDC-7161999), filed by Evergreen Professional Recoveries, Inc.. (Attachments: #1 Complaint, #2 Civil Cover Sheet, #3 Removal Consent)(Shafer, Andrew)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Washington Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
