Love v. Kaiser Permanente et al
| Tamara Love |
| Kaiser Permanente, Kaiser Permanente Employer Health Plan of Washington, Jamie Coleman, John Dunn and Erika Martinez |
| 2:2023cv00421 |
| March 19, 2023 |
| US District Court for the Western District of Washington |
| Lauren King |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 Job Discrimination (Race) |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 36
MINUTE ORDER (text only) authorized by Judge Lauren King. The Court STRIKES Defendants' #34 motion to dismiss and Plaintiff's #35 motion to amend, to compel, and for summary judgment for failure to file certificates that they met and conferred prior to filing their dispositive motions as required by the Court's #10 Standing Order for All Civil Cases. That Order instructs parties to "make a meaningful effort to confer prior to filing a dispositive motion," and requires any dispositive motion to "contain a certification of conferral" that is "clearly visible within either the first substantive paragraph or the final paragraph of the motion." In addition, Plaintiff's motion to compel does not include the certification required by Local Civil Rule 37(a) stating that she met and conferred prior to filing a motion to compel discovery, and her motion to amend does not comply with Local Civil Rule 15, which requires a party seeking to amend a complaint to "indicate on the proposed amended pleading how it differs from the pleading that it amends by bracketing or striking through the text to be deleted and underlining or highlighting the text to be added." As the Court has already reminded Plaintiff, Dkt. No. 12, all litigants, including those proceeding pro se, are expected to abide by the rules of the Court in which they litigate. Plaintiff may file a motion to amend her complaint that complies with Local Civil Rule 15 by December 8, 2023; if she does not do so, Defendants must respond to Plaintiff's second amended complaint by December 15, 2023. (NAW)
|
| Filing 35 *STRICKEN* Third MOTION to Amend #33 Amended Complaint,,Tamara Love, filed by Plaintiff Tamara Love. (Attachments: #1 Proposed Summons, #2 Third Amended Complant, #3 Third Amended Complaint) Noting Date 12/7/2023, (Love, Tamara) Stricken on 11/17/2023 per Dkt. No. 19. (NAW) |
| Filing 34 *STRICKEN* MOTION to Dismiss Second Amended Complaint, filed by Defendants Kaiser Permanente, Kaiser Permanente Employer Health Plan of Washington. (Attachments: #1 Proposed Order) Noting Date 12/1/2023, (Slade, Victoria) Stricken on 11/17/2023 per Dkt. No. 19. (NAW) |
| Filing 33 Second AMENDED COMPLAINT Tamara Love against defendant(s) Kaiser Permanente Employer Health Plan of Washington, Kaiser Permanente with JURY DEMAND filed by Tamara Love. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Love, Tamara) |
|
Filing 32
ORDER: The Court GRANTS Defendants' motion to dismiss, Dkt. No. #21 , and DENIES Ms. Love's motion for summary judgment, Dkt. No. #29 . Ms. Love is granted leave to amend and must file her amended complaint, if any, within 21 days of the date of this Order. Failure to file an amended complaint will result in dismissal of this case with prejudice. Signed by Judge Lauren King. (SS)
|
| Filing 31 DECLARATION of updated damages of updated damages by Plaintiff Tamara Love (Attachments: #1 Exhibit, #2 Exhibit)(Love, Tamara) |
| Filing 30 RESPONSE, by Defendants Kaiser Permanente, Kaiser Permanente Employer Health Plan of Washington, to #29 Fourth MOTION for Order Tamara Love. (Attachments: #1 Proposed Order)(Slade, Victoria) |
| Noting Date Reset to 8/11/2023 re Plaintiff's #29 Fourth MOTION for Order, per LCR7. (SS) |
| Filing 29 Fourth MOTION for Order Tamara Love, filed by All Plaintiffs. Oral Argument Requested. (Attachments: #1 Proposed Judgment WA OAH HEARING, #2 Proposed Judgment FACTS, #3 Complaint FACTS, #4 Proposed Judgment JUDGMENT, #5 Proposed Order ORDER) Noting Date 8/11/2023 7/21/2023, (Love, Tamara) Modified noting date on 7/17/2023 (SS). |
|
Filing 28
MINUTE ORDER (text only) authorized by Judge Lauren King. Plaintiff's #27 Cross Motion is not a motion, does not request relief from the Court, and includes only an email string and document titled General Release of Liability. The Clerk of the Court is directed to remove the Cross Motion from the Court's motions calendar. (NAW)
|
| Filing 27 CROSS MOTION AND RESPONSE re #21 MOTION to Dismiss Pursuant to Rule 12(b)(6), filed by Plaintiff Tamara Love. (Attachments: #1 Supplement Offer of Release and Settlement) Noting Date 7/10/2023, (Love, Tamara) |
| Filing 26 REPLY, filed by Defendants Kaiser Permanente, Kaiser Permanente Employer Health Plan of Washington, TO RESPONSE to #21 MOTION to Dismiss Pursuant to Rule 12(b)(6) (Slade, Victoria) |
|
Filing 25
MINUTE ORDER (text only) DENYING without prejudice #23 & #24 Plaintiff's Second Motion for Judgment and Third Motion to Amend. Plaintiff's #23 motion for judgment is not a motion but rather a filled out civil judgment form simply indicating the relief Plaintiff desires in this case. And although captioned as an "AMENDED COMPLAINT," Plaintiff's #24 motion to amend declares "I am amending my complaint" without submitting an amended complaint. Under Federal Rule of Civil Procedure 15(a)(1), a party may amend its pleading once as a matter of course within 21 days after service of a motion under Rule 12(b). Therefore, the deadline for Plaintiff to amend her complaint without leave of court or consent from Defendants is July 3, 2023. The Court notes that an amended complaint may not moot a pending motion to dismiss, see Oliver v. Alcoa, Inc., No. C16-0741JLR, 2016 WL 4734310, at *2 n.3 (W.D. Wash. Sept. 12, 2016), and Plaintiff's response to Defendant's #21 motion to dismiss is due on July 3, 2023. As the Court previously indicated, all litigants, including those proceeding pro se, are "expected to abide by the rules of the court in which [they] litigate[ ]." Carter v. Comm'r of Internal Revenue, 784 F.2d 1006, 1008 (9th Cir. 1986). The Federal Rules of Civil Procedure are available at https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure. The Local Civil Rules are available at https://www.wawd.uscourts.gov/sites/wawd/files/020123%20WAWD%20Local% 20Civil%20Rules%20CLEAN.pdf. Authorized by Judge Lauren King. (NAW)
|
| Filing 24 Third MOTION to Amend #23 Second MOTION for Judgment Tamara Love,Tamara Love, filed by Plaintiff Tamara Love. Noting Date 6/26/2023, (Love, Tamara) |
| Filing 23 Second MOTION for Judgment Tamara Love, filed by Plaintiff Tamara Love. Oral Argument Requested. Noting Date 6/26/2023, (Love, Tamara) |
| Filing 22 NOTICE TO PARTIES: The Court acknowledges the requirements of Federal Rule of Civil Procedure 16(b), but finds good cause to defer entry of a case schedule pending its ruling on Defendant's #21 Motion to Dismiss. (NAW) |
| Filing 21 MOTION to Dismiss Pursuant to Rule 12(b)(6), filed by Defendants Kaiser Permanente, Kaiser Permanente Employer Health Plan of Washington. (Attachments: #1 Proposed Order) Noting Date 7/7/2023, (Slade, Victoria) |
| Filing 20 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate KFHPW Holdings for Kaiser Permanente, Kaiser Permanente Employer Health Plan of Washington. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Kaiser Permanente, Kaiser Permanente Employer Health Plan of Washington. (Slade, Victoria) |
| Attorneys Sheehan H Sullivan and Anna Rebecca Shelton added for Kaiser Permanente and Kaiser Permanente Employer Health Plan of Washington; per #18 Notice of Appearance. (MJV) |
| Filing 19 ACKNOWLEDGMENT/ACCEPTANCE OF SERVICE of Summons and Complaint by Victoria M. Slade, on behalf of Defendant Kaiser Foundation Health Plan of Washington, on 5/22/2023. (Slade, Victoria) |
| Filing 18 NOTICE of Appearance by attorney Victoria Slade on behalf of Defendants Kaiser Permanente, Kaiser Permanente Employer Health Plan of Washington. (Slade, Victoria) |
| Filing 17 SERVICE OF SUMMONS and Complaint returned executed upon defendant All Defendants Tamara Love (Love, Tamara) |
| Filing 16 SERVICE OF SUMMONS and Complaint returned executed upon defendant Kaiser Permanente on 5/8/2023 5/12/2023 (Love, Tamara) Modified to correct date on 5/15/2023 (SS). |
| Filing 15 SERVICE OF SUMMONS Returned Unexecuted - attempted upon defendant Jamie Coleman. (Attachments: #1 Summons Unexecuted, #2 Summons Unexecuted, #3 Summons Unexecuted)(Love, Tamara) |
| Filing 14 Summons(es) Electronically Issued as to defendant(s) All Defendants. (SS) |
| Filing 13 PRAECIPE TO ISSUE SUMMONS, by Plaintiff Tamara Love. (SS) |
|
Filing 12
MINUTE ORDER (text only) STRIKING #11 Plaintiff's Motion to Submit for Records of a Regularly Conducted Activity because the filing consists of requests for admission rather than a motion. Under Local Civil Rule 5(d), "discovery requests and responses must not be filed unless they are used in the proceedings or the court orders filing." Discovery requests are also premature at this stage; the Defendants have not yet appeared, and this case (filed only recently) has not yet proceeded to discovery. If the case proceeds to discovery, Plaintiff may seek discovery by following the Federal Rules of Civil Procedure and applicable Local Civil Rules. The Federal Rules of Civil Procedure are available at https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure. The Local Civil Rules are available at https://www.wawd.uscourts.gov/sites/wawd/files/020123%20WAWD%20Local% 20Civil%20Rules%20CLEAN.pdf. All litigants, including those proceeding pro se, are "expected to abide by the rules of the court in which [they] litigate[ ]." Carter v. Comm'r of Internal Revenue, 784 F.2d 1006, 1008 (9th Cir. 1986). Authorized by Judge Lauren King. (NAW)
|
| Filing 11 *STRICKEN* MOTION for Discovery , filed by Plaintiff Tamara Love. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) Noting Date 4/17/2023, (Love, Tamara) Modified on 4/17/2023 per Dkt. No. 12. (NAW) |
|
Filing 10
STANDING ORDER FOR ALL 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 Lauren King. (NAW)
|
|
Filing 9
STANDING ORDER REGARDING 28 U.S.C. 455(b)(2) AND CANON 3(C)(1)(B) OF THE CODE OF CONDUCT FOR UNITED STATES JUDGES by Judge Lauren King. (NAW)
|
| Filing 8 NOTICE: Plaintiff Tamara Love has registered to electronically file and receive electronic service in this case. (KB) (Main Document 8 replaced on 4/13/2023 - top of form was cut off) (KB). |
| Filing 7 COMPLAINT against All Defendants with JURY DEMAND (Receipt # IFP Granted) filed by Tamara Love. (SS) |
|
Filing 6
ORDER granting Plaintiff's #5 Motion for Leave to Proceed In Forma Pauperis. Signed by Hon. Brian A Tsuchida.(SS) (cc: Plaintiff via USPS)
|
| REFERRING #5 MOTION for Leave to Proceed In Forma Pauperis to: Judge Brian A Tsuchida. (SS) |
| Filing 5 Amended MOTION for Leave to Proceed In Forma Pauperis, filed by Tamara Love. (SS) |
| Filing 4 CIVIL COVER SHEET; filed by Plaintiff Tamara Love. (SS) |
| Filing 3 Notice of Filing Deficiency re #1 Proposed Document(s). ***Action Required*** Filing Fee Not Paid, Civil Cover Sheet Omitted.See attached letter for more information and instructions. cc: Plaintiff via USPS. Filer has until 4/20/2023 to correct IFP application (CR) |
| Filing 1 PROPOSED Complaint filed by Plaintiff Tamara Love (Attachments: #1 Email Transmission of Case) (CR) |
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.
