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1
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COMPLAINT for Damages against All Defendants ( Filing fee $ 400, receipt number 0971-8691979.). Filed bySilvia Guersenzvaig, Joshua Claypole. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(Stormer, Dan) (Filed on 6/12/2014) (Entered: 06/12/2014)
1 Exhibit 1
View on PACER
2 Exhibit 2
View on PACER
3 Exhibit 3
View on PACER
4 Exhibit 4
View on PACER
5 Civil Cover Sheet
View on PACER
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June 12, 2014
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June 12, 2014
RECAP
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2
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Proposed Summons. (Stormer, Dan) (Filed on 6/12/2014) (Entered: 06/12/2014)
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June 12, 2014
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June 12, 2014
PACER
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3
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Certificate of Interested Entities by Joshua Claypole, Silvia Guersenzvaig re 1 Complaint, (Stormer, Dan) (Filed on 6/12/2014) (Entered: 06/12/2014)
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June 12, 2014
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June 12, 2014
PACER
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4
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Case assigned to Magistrate Judge Paul Singh Grewal. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (sv, COURT STAFF) (Filed on 6/13/2014) (Entered: 06/13/2014)
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June 13, 2014
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June 13, 2014
PACER
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5
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Summons Issued as to California Forensic Medical Group, City of Monterey, Community Hospital of Monterey Peninsula, County Of Monterey, County of San Mateo, Taylor Fithian, Brent Hall, E. Kaye, Scott Miller, Greg Munks, Philip Penko. (cv, COURT STAFF) (Filed on 6/13/2014) (Entered: 06/13/2014)
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June 13, 2014
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June 13, 2014
PACER
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6
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Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/14/2014. Case Management Conference set for 10/21/2014 10:00 AM in Courtroom 5, 4th Floor, San Jose. (cv, COURT STAFF) (Filed on 6/13/2014) (Entered: 06/13/2014)
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June 13, 2014
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June 13, 2014
PACER
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7
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NOTICE of Appearance by Mohammad K Tajsar (Tajsar, Mohammad) (Filed on 6/16/2014) (Entered: 06/16/2014)
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June 16, 2014
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June 16, 2014
PACER
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8
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NOTICE of Appearance by Joshua Piovia-Scott (Piovia-Scott, Joshua) (Filed on 6/16/2014) (Entered: 06/16/2014)
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June 16, 2014
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June 16, 2014
PACER
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9
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MOTION to Relate Case filed by Joshua Claypole, Silvia Guersenzvaig. (Attachments: # 1 Declaration in Support of Motion to Consider Whether Cases Should be Related)(Tajsar, Mohammad) (Filed on 6/27/2014) (Entered: 06/27/2014)
1 Declaration in Support of Motion to Consider Whether Cases Should be Related
View on PACER
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June 27, 2014
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June 27, 2014
PACER
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10
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CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge within 14 days of this notice, by 7/14/2014. ***This is a text only docket entry, there is no document associated with this notice.*** (ofr, COURT STAFF) (Filed on 6/30/2014) (Entered: 06/30/2014)
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June 30, 2014
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June 30, 2014
PACER
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11
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CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Joshua Claypole, Silvia Guersenzvaig.. (Tajsar, Mohammad) (Filed on 7/8/2014) (Entered: 07/08/2014)
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July 8, 2014
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July 8, 2014
PACER
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12
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CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by County of San Mateo, Greg Munks.. (Levy, David) (Filed on 7/28/2014) (Entered: 07/28/2014)
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July 28, 2014
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July 28, 2014
PACER
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13
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CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ofr, COURT STAFF) (Filed on 7/28/2014) (Entered: 07/28/2014)
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July 28, 2014
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July 28, 2014
PACER
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14
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ORDER by Judge Paul S. Grewal denying 9 Motion to Relate Case. 5:14-cv-02730-PSG Not Related to 5:13-cv-02354-PSG. (ofr, COURT STAFF) (Filed on 7/28/2014) (Entered: 07/28/2014)
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July 28, 2014
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July 28, 2014
PACER
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15
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ORDER REASSIGNING CASE. Case reassigned to Hon. Beth Labson Freeman for all further proceedings. Magistrate Judge Paul Singh Grewal remains as the referral judge assigned to the case. Reassignment Order signed by Executive Committee on 7/28/2014. (bw, COURT STAFF) (Filed on 7/28/2014) (Entered: 07/28/2014)
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July 28, 2014
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July 28, 2014
PACER
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16
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CLERKS NOTICE SETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT Case Management Statement due by 12/04/2014. Case Management Conference set for 12/11/2014 01:30 PM in Courtroom 3, 5th Floor, U.S. District Court 280 South First Street San Jose, CA 95113. ***THIS IS A TEXT-ONLY NOTICE. THERE IS NO DOCUMENT ASSOCIATED WITH THIS DOCKET ENTRY*** (tsh, COURT STAFF) (Filed on 7/29/2014) (Entered: 07/29/2014)
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July 29, 2014
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July 29, 2014
PACER
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17
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Proof of Service of Documents served to defendant Sheriff Munks re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 1 Complaint, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Text modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)
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July 30, 2014
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July 30, 2014
PACER
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18
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Proof of Service List of Documents as to defendent Dr. Fithian in by Joshua Claypole, Silvia Guersenzvaig re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 1 Complaint, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)
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July 30, 2014
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July 30, 2014
PACER
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19
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Proof of Service List of Documents as to defendant County of San Mateo re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 1 Complaint, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Text modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)
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July 30, 2014
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July 30, 2014
PACER
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20
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Proof of Service Summons in Civil Action as to defendant County of Monterey re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 1 Complaint, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Text modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)
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July 30, 2014
|
July 30, 2014
PACER
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|
21
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Proof of Service Summons in Civil Action as to defendant Community Hospital of the Monterey Peninsula re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 1 Complaint, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Text modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)
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July 30, 2014
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July 30, 2014
PACER
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22
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Proof of Service Summons in Civil Action as to defendant City of Monterey by Joshua Claypole, Silvia Guersenzvaig re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 1 Complaint, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Text modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)
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July 30, 2014
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July 30, 2014
PACER
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23
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Proof of Service Summons in Civil Action as to defendant Chief Philip Penko re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 1 Complaint, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Text modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)
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July 30, 2014
|
July 30, 2014
PACER
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|
24
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Proof of Service Summons in Civil Action as to defendant California Forensic Medical Group by Joshua Claypole, Silvia Guersenzvaig re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 1 Complaint, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Text modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)
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July 30, 2014
|
July 30, 2014
PACER
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|
25
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Proof of Service Summons in Civil Action as to defendant Sergeant Kaye re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 1 Complaint, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Text modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)
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July 30, 2014
|
July 30, 2014
PACER
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26
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Proof of Service Summons in Civil Action as to defendant Sheriff Miller re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Text modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)
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July 30, 2014
|
July 30, 2014
PACER
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27
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Proof of Service Summons in Civil Action as to defendant Brent Hall re 3 Certificate of Interested Entities, 11 Consent/Declination to Proceed Before a US Magistrate Judge, 7 Notice of Appearance, 4 Case Assigned by Intake,,, 10 Clerk's Notice re: Consent or Declination, 8 Notice of Appearance, 1 Complaint, 5 Summons Issued, 6 Initial Case Management Scheduling Order with ADR Deadlines by Joshua Claypole, Silvia Guersenzvaig (Tajsar, Mohammad) (Filed on 7/30/2014) Modified on 7/30/2014 (bw, COURT STAFF). (Entered: 07/30/2014)
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July 30, 2014
|
July 30, 2014
PACER
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|
28
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MOTION to Dismiss and Motion to Strike Claim for Punitive Damages filed by County Of Monterey, E. Kaye, Scott Miller. Motion Hearing set for 10/2/2014 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 8/18/2014. Replies due by 8/25/2014. (Attachments: # 1 Certificate/Proof of Service)(Blitch, Susan) (Filed on 8/4/2014) (Entered: 08/04/2014)
1 Certificate/Proof of Service
View on PACER
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Aug. 4, 2014
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Aug. 4, 2014
PACER
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29
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NOTICE of Appearance by Adam Wells Ely (Ely, Adam) (Filed on 8/5/2014) (Entered: 08/05/2014)
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Aug. 5, 2014
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Aug. 5, 2014
PACER
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30
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ANSWER to Complaint with Jury Demand byCounty of San Mateo, Greg Munks. (Ely, Adam) (Filed on 8/5/2014) (Entered: 08/05/2014)
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Aug. 5, 2014
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Aug. 5, 2014
PACER
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31
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Defendants ANSWER to Complaint with Jury Demand byCalifornia Forensic Medical Group, Taylor Fithian. (Attachments: # 1 Certification of Interested Parties, # 2 Notice of Appearance, # 3 Certificate/Proof of Service Certificate of Service)(Bertling, Peter) (Filed on 8/5/2014) (Entered: 08/05/2014)
1 Certification of Interested Parties
View on PACER
2 Notice of Appearance
View on PACER
3 Certificate/Proof of Service Certificate of Service
View on PACER
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Aug. 5, 2014
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Aug. 5, 2014
PACER
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32
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MOTION to Dismiss for Lack of Jurisdiction filed by Community Hospital of Monterey Peninsula. Motion Hearing set for 10/2/2014 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 8/19/2014. Replies due by 8/26/2014. (Attachments: # 1 Certificate/Proof of Service)(Tabari, Cyrus) (Filed on 8/5/2014)**SEE DOCUMENT NUMBER 34 FOR AMENDMENT** Modified on 8/7/2014 (srmS, COURT STAFF). (Entered: 08/05/2014)
1 Certificate/Proof of Service
View on PACER
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Aug. 5, 2014
|
Aug. 5, 2014
PACER
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33
|
MOTION to Dismiss Complaint Without Leave to Amend filed by City of Monterey, Brent Hall, Philip Penko. Motion Hearing set for 9/18/2014 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 8/19/2014. Replies due by 8/26/2014. (Attachments: # 1 Proposed Order)(Cohen, Amanda) (Filed on 8/5/2014) (Entered: 08/05/2014)
1 Proposed Order
View on PACER
|
Aug. 5, 2014
|
Aug. 5, 2014
RECAP
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|
34
|
AMENDED NOTICE OF Motion and Motion by Community Hospital of Monterey Peninsula re 32 MOTION to Dismiss for Lack of Jurisdiction Amended Notice of Motion (Attachments: # 1 Certificate/Proof of Service)(Tabari, Cyrus) (Filed on 8/6/2014) Incorrect event selected. Modified on 8/7/2014 (srmS, COURT STAFF). (Entered: 08/06/2014)
1 Certificate/Proof of Service
View on PACER
|
Aug. 6, 2014
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Aug. 6, 2014
PACER
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35
|
Pursuant to ( 34 ) AMENDED NOTICE OF Motion and Motion by Community Hospital of Monterey Peninsula re 32 MOTION to Dismiss for Lack of Jurisdiction Amended Notice of Motion CLERKS NOTICE Re-Setting Motion Hearing. Motion Hearing set for 11/20/2014 09:00 AM before Judge Beth Labson Freeman. (tsh, COURT STAFF) (Filed on 8/8/2014) (Entered: 08/11/2014)
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Aug. 8, 2014
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Aug. 8, 2014
PACER
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|
36
|
NOTICE of Appearance by Michael Rudolph Philippi (Attachments: # 1 Certificate/Proof of Service)(Philippi, Michael) (Filed on 8/11/2014) (Entered: 08/11/2014)
1 Certificate/Proof of Service
View on PACER
|
Aug. 11, 2014
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Aug. 11, 2014
PACER
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|
37
|
RESPONSE (re 28 MOTION to Dismiss and Motion to Strike Claim for Punitive Damages ) filed byJoshua Claypole, Silvia Guersenzvaig. (Tajsar, Mohammad) (Filed on 8/18/2014) (Entered: 08/18/2014)
|
Aug. 18, 2014
|
Aug. 18, 2014
PACER
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|
38
|
RESPONSE (re 33 MOTION to Dismiss Complaint Without Leave to Amend ) filed byJoshua Claypole, Silvia Guersenzvaig. (Tajsar, Mohammad) (Filed on 8/19/2014) (Entered: 08/19/2014)
|
Aug. 19, 2014
|
Aug. 19, 2014
PACER
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|
39
|
RESPONSE (re 32 MOTION to Dismiss for Lack of Jurisdiction ) filed byJoshua Claypole, Silvia Guersenzvaig. (Tajsar, Mohammad) (Filed on 8/20/2014) (Entered: 08/20/2014)
|
Aug. 20, 2014
|
Aug. 20, 2014
PACER
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|
40
|
REPLY (re 28 MOTION to Dismiss and Motion to Strike Claim for Punitive Damages ) filed byCounty Of Monterey, E. Kaye, Scott Miller. (Attachments: # 1 Certificate/Proof of Service)(Blitch, Susan) (Filed on 8/25/2014) (Entered: 08/25/2014)
1 Certificate/Proof of Service
View on PACER
|
Aug. 25, 2014
|
Aug. 25, 2014
PACER
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|
41
|
REPLY (re 32 MOTION to Dismiss for Lack of Jurisdiction ) filed byCommunity Hospital of Monterey Peninsula. (Attachments: # 1 Proof)(Tabari, Cyrus) (Filed on 8/26/2014) (Entered: 08/26/2014)
1 Proof
View on PACER
|
Aug. 26, 2014
|
Aug. 26, 2014
PACER
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|
42
|
REPLY (re 33 MOTION to Dismiss Complaint Without Leave to Amend ) filed byCity of Monterey, Brent Hall, Philip Penko. (Cohen, Amanda) (Filed on 8/26/2014) (Entered: 08/26/2014)
|
Aug. 26, 2014
|
Aug. 26, 2014
PACER
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|
43
|
STIPULATION WITH PROPOSED ORDER to Continue the Hearing of Defts City of Mont., Chief Penko, Ofcr Hall's Mtn to Dismiss filed by Joshua Claypole, Silvia Guersenzvaig. (Attachments: # 1 Proposed Order)(Tajsar, Mohammad) (Filed on 9/4/2014) (Entered: 09/04/2014)
1 Proposed Order
View on PACER
|
Sept. 4, 2014
|
Sept. 4, 2014
PACER
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|
44
|
ORDER CONTINUING THE HEARING OF 33 DEFENDANTS CITY OF MONTEREY, CHIEF PHILIP PENKO, AND OFFICER BRENT HALL'S MOTION TO DISMISS COMPLAINT WITHOUT LEAVE TO AMEND UNTIL OCTOBER 2, 2014 (approving 43 ). Motion Hearing set for 10/2/2014 09:00 AM in Courtroom 3, 5th Floor, San Jose before Judge Beth Labson Freeman. Signed by Judge Beth Labson Freemon on 9/5/2014. (blflc1, COURT STAFF) (Filed on 9/5/2014) (Entered: 09/05/2014)
|
Sept. 5, 2014
|
Sept. 5, 2014
RECAP
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|
45
|
NOTICE of Change of Address by Dan Lewis Stormer (Stormer, Dan) (Filed on 9/9/2014) (Entered: 09/09/2014)
|
Sept. 9, 2014
|
Sept. 9, 2014
PACER
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|
46
|
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Cohen, Amanda) (Filed on 9/30/2014) (Entered: 09/30/2014)
|
Sept. 30, 2014
|
Sept. 30, 2014
PACER
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|
47
|
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Blitch, Susan) (Filed on 9/30/2014) (Entered: 09/30/2014)
|
Sept. 30, 2014
|
Sept. 30, 2014
PACER
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|
48
|
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Rifkin, Lori) (Filed on 9/30/2014) (Entered: 09/30/2014)
|
Sept. 30, 2014
|
Sept. 30, 2014
PACER
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|
49
|
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Levy, David) (Filed on 9/30/2014) (Entered: 09/30/2014)
|
Sept. 30, 2014
|
Sept. 30, 2014
PACER
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|
50
|
STIPULATION and Proposed Order selecting Early Neutral Evaluation by Joshua Claypole, Silvia Guersenzvaig, County of San Mateo, County of Monterey, City of Monterey, California Forensic Medical Group, Community Hospital of Monterey Peninsula filed by Joshua Claypole, Silvia Guersenzvaig. (Rifkin, Lori) (Filed on 9/30/2014) (Entered: 09/30/2014)
|
Sept. 30, 2014
|
Sept. 30, 2014
PACER
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|
51
|
STIPULATION AND ORDER SELECTING ADR PROCESS (approving 50 ). Signed by Judge Beth Labson Freeman on 10/1/2014. (blflc1, COURT STAFF) (Filed on 10/1/2014) (Entered: 10/01/2014)
|
Oct. 1, 2014
|
Oct. 1, 2014
PACER
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|
52
|
Minute Entry: Motions to Dismiss Hearings held on 10/2/2014 before Judge Beth Labson Freeman (Date Filed: 10/2/2014) re 33 MOTION to Dismiss Complaint Without Leave to Amend filed by Brent Hall, City of Monterey, Philip Penko, 28 MOTION to Dismiss and Motion to Strike Claim for Punitive Damages filed by E. Kaye, Scott Miller, County Of Monterey. The Court takes matters under submission. (Court Reporter Lee-Anne Shortridge.) (tsh, COURT STAFF) (Date Filed: 10/2/2014) Modified on 10/9/2014 (blflc1, COURT STAFF). (Entered: 10/02/2014)
|
Oct. 2, 2014
|
Oct. 2, 2014
PACER
|
|
53
|
TRANSCRIPT ORDER by City of Monterey, Brent Hall, Philip Penko for Court Reporter Lee-Anne Shortridge. (Cohen, Amanda) (Filed on 10/8/2014) (Entered: 10/08/2014)
|
Oct. 8, 2014
|
Oct. 8, 2014
PACER
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|
54
|
ORDER (1) GRANTING IN PART 33 CITY OF MONTEREY DEFENDANTS MOTION TO DISMISS WITH LEAVE TO AMEND; (2) GRANTING IN PART 28 COUNTY OF MONTEREY DEFENDANTS MOTION TO DISMISS WITH LEAVE TO AMEND; AND (3) DENYING 28 COUNTY OF MONTEREY DEFENDANTS MOTION TO STRIKE. Signed by Judge Beth Labson Freeman on 10/9/2014. (blflc1, COURT STAFF) (Filed on 10/9/2014) (Entered: 10/09/2014)
|
Oct. 9, 2014
|
Oct. 9, 2014
RECAP
|
|
55
|
AMENDED COMPLAINT for Damages against All Defendants. Filed bySilvia Guersenzvaig, Joshua Claypole. (Stormer, Dan) (Filed on 10/28/2014) (Entered: 10/28/2014)
|
Oct. 28, 2014
|
Oct. 28, 2014
RECAP
|
|
56
|
CLERK'S NOTICE AND ORDER RESCHEDULING MOTION HEARING: Motion to Dismiss Hearing RESCHEDULED for 11/19/2014 09:00 AM in Courtroom 3,5th Floor, San Jose before Judge Beth Labson Freeman. (tsh, COURT STAFF) (Filed on 10/28/2014) (Entered: 10/28/2014)
|
Oct. 28, 2014
|
Oct. 28, 2014
PACER
|
|
57
|
Defendants California Forensic Medical Group, Inc. and Taylor Fithian, M.D.'s ANSWER to Amended Complaint with Demand for Jury Trial byCalifornia Forensic Medical Group, Taylor Fithian. (Attachments: # 1 Certificate/Proof of Service)(Bertling, Peter) (Filed on 11/7/2014) (Entered: 11/07/2014)
1 Certificate/Proof of Service
View on PACER
|
Nov. 7, 2014
|
Nov. 7, 2014
PACER
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|
58
|
ORDER REQUESTING CLARIFICATION RE STATUS OF 32 PENDING MOTION TO DISMISS FILED BY COMMUNITY HOSPITAL OF MONTEREY PENINSULA. Signed by Judge Beth Labson Freeman on 11/7/2014. (blflc1S, COURT STAFF) (Filed on 11/7/2014) (Entered: 11/07/2014)
|
Nov. 7, 2014
|
Nov. 7, 2014
RECAP
|
|
59
|
ANSWER to Amended Complaint byCounty of San Mateo, Greg Munks. (Levy, David) (Filed on 11/10/2014) (Entered: 11/10/2014)
|
Nov. 10, 2014
|
Nov. 10, 2014
PACER
|
|
60
|
Transcript of Proceedings held on 10-2-14, before Judge Beth Labson Freeman. Court Reporter/Transcriber Lee-Anne Shortridge, Telephone number 408-287-4580 email: lee-anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 53 Transcript Order ) Release of Transcript Restriction set for 2/9/2015. (Related documents(s) 53 ) (las, ) (Filed on 11/11/2014) (Entered: 11/11/2014)
|
Nov. 11, 2014
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Nov. 11, 2014
PACER
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61
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STATUS REPORT (Joint) re: ( 34 ) Defendant Community Hospital of Monterey Peninsula's Motion to Dismiss Plaintiffs' Then-Operative Complaint for Lack of Subject Matter Jurisdiction by Joshua Claypole, Silvia Guersenzvaig. (Tajsar, Mohammad) (Filed on 11/12/2014) Modified text to add linkage on 11/13/2014 (srmS, COURT STAFF). (Entered: 11/12/2014)
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Nov. 12, 2014
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Nov. 12, 2014
PACER
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62
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ANSWER to Complaint with Jury Demand byCity of Monterey, Brent Hall, Philip Penko. (Cohen, Amanda) (Filed on 11/12/2014) (Entered: 11/12/2014)
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Nov. 12, 2014
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Nov. 12, 2014
PACER
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63
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ANSWER to Amended Complaint byCounty Of Monterey, E. Kaye, Scott Miller. (Attachments: # 1 Certificate/Proof of Service)(Blitch, Susan) (Filed on 11/18/2014) (Entered: 11/18/2014)
1 Certificate/Proof of Service
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Nov. 18, 2014
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Nov. 18, 2014
PACER
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64
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Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 11/19/2014. (Date Filed: 11/19/2014) re 32 MOTION to Dismiss for Lack of Jurisdiction filed by Community Hospital of Monterey Peninsula. Motion to Dismiss DENIED. Defendant shall file answer within 14 days. Court Reporter Name: Summer Fisher. Plaintiff Attorney: Lori Rifkin. Defendant Attorney: Curus Tabari. This is a text only Minute Entry (tsh, COURT STAFF) Modified on 11/19/2014 (tsh, COURT STAFF). (Entered: 11/19/2014)
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Nov. 19, 2014
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Nov. 19, 2014
PACER
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65
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ORDER DENYING 32 CHOMP'S MOTION TO DISMISS. Signed by Judge Beth Labson Freeman on 11/19/2014. (blflc1S, COURT STAFF) (Filed on 11/19/2014) (Entered: 11/19/2014)
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Nov. 19, 2014
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Nov. 19, 2014
RECAP
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66
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ANSWER to Complaint with Jury Demand byCommunity Hospital of Monterey Peninsula. (Tabari, Cyrus) (Filed on 12/3/2014) (Entered: 12/03/2014)
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Dec. 3, 2014
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Dec. 3, 2014
PACER
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67
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MOTION to Appear by Telephone at the December 11, 2014 Case Management Conference filed by Joshua Claypole, Silvia Guersenzvaig. (Attachments: # 1 Declaration of Joshua Piovia-Scott in Support of Plaintiffs' Request to Appear Telephonically, # 2 Proposed Order Granting Plaintiffs' Request to Appear Telephonically)(Piovia-Scott, Joshua) (Filed on 12/3/2014) (Entered: 12/03/2014)
1 Declaration of Joshua Piovia-Scott in Support of Plaintiffs' Request to App
View on PACER
2 Proposed Order Granting Plaintiffs' Request to Appear Telephonically
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Dec. 3, 2014
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Dec. 3, 2014
PACER
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68
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JOINT CASE MANAGEMENT STATEMENT & Proposed Order filed by Joshua Claypole, Silvia Guersenzvaig. (Tajsar, Mohammad) (Filed on 12/4/2014) (Entered: 12/04/2014)
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Dec. 4, 2014
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Dec. 4, 2014
PACER
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69
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MOTION to Appear by Telephone at the 12/11/14 Case Management Conference filed by California Forensic Medical Group, Taylor Fithian. (Attachments: # 1 Declaration Jemma Parker Saunders, # 2 Proposed Order, # 3 Certificate/Proof of Service)(Saunders, Jemma) (Filed on 12/4/2014) (Entered: 12/04/2014)
1 Declaration Jemma Parker Saunders
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2 Proposed Order
View on PACER
3 Certificate/Proof of Service
View on PACER
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Dec. 4, 2014
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Dec. 4, 2014
PACER
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70
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ORDER GRANTING 67 PLAINTIFFS' REQUEST TO APPEAR TELEPHONICALLY AT THE DECEMBER 11, 2014 CASE MANAGEMENT CONFERENCE. Signed by Judge Beth Labson Freeman on 12/5/2014. (blflc1, COURT STAFF) (Filed on 12/5/2014) (Entered: 12/05/2014)
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Dec. 5, 2014
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Dec. 5, 2014
PACER
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71
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ORDER GRANTING 69 DEFENDANTS CALIFORNIA FORENSIC MEDICAL GROUP, INC. AND TAYLOR FITHIAN, M.D.'S REQUEST TO APPEAR TELEPHONICALLY AT THE DECEMBER 11, 2014 CASE MANAGEMENT CONFERENCE. Signed by Judge Beth Labson Freeman on 12/5/2014. (blflc1, COURT STAFF) (Filed on 12/5/2014) (Entered: 12/05/2014)
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Dec. 5, 2014
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Dec. 5, 2014
PACER
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72
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REQUEST TO APPEAR TELEPHONICALLY AT THE DECEMBER 11, 2014 CASE MANAGEMENT CONFERENCE filed by County Of Monterey, E. Kaye, Scott Miller. (Attachments: # 1 Declaration of Susan K. Blitch, # 2 (Proposed) Order, # 3 Certificate/Proof of Service)(Blitch, Susan) (Filed on 12/9/2014) Text modified on 12/10/2014 (bwS, COURT STAFF). (Entered: 12/09/2014)
1 Declaration Susan K. Blitch
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2 Proposed Order
View on PACER
3 Certificate/Proof of Service
View on PACER
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Dec. 9, 2014
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Dec. 9, 2014
PACER
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73
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ORDER GRANTING 72 DEFENDANTS COUNTY OF MONTEREY, SHERIFF SCOTT MILLER AND SERGEANT E. KAYE'S REQUEST TO APPEAR TELEPHONICALLY AT THE DECEMBER 11, 2014 CASE MANAGEMENT CONFERENCE. Signed by Judge Beth Labson Freeman on 12/9/2014. (blflc1, COURT STAFF) (Filed on 12/9/2014) (Entered: 12/09/2014)
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Dec. 9, 2014
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Dec. 9, 2014
PACER
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74
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Minute Entry for proceedings held before Hon. Beth Labson Freeman: Case Management Conference held on 12/11/2014. Jury Trial set for 4/11/2016 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Motion Hearing set for 1/14/2016 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Pretrial Conference set for 3/31/2016 02:30 PM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Fact Discovery cutoff 8/31/2015. FTR Time 1:32:13 to 1:46:18. Attachment Minute Order.(jgS, COURT STAFF) (Date Filed: 12/11/2014) (Entered: 12/12/2014)
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Dec. 11, 2014
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Dec. 11, 2014
PACER
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75
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CERTIFICATE OF SERVICE by City of Monterey, Brent Hall, Philip Penko re Initial Disclosures (Thompson, Ryan) (Filed on 12/16/2014) (Entered: 12/16/2014)
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Dec. 16, 2014
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Dec. 16, 2014
PACER
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76
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CASE MANAGEMENT ORDER - Disclosure of Experts 09/28/2015. Fact Discovery Cut-Off 08/31/2015. Expert Discovery Cut-Off 10/23/2015. Last Day to Hear Dispositive Motions 01/14/2016 at 9:00 am. Final Pretrial Conference 03/31/2016 at 2:30 pm. Jury Trial 04/11/2016 at 9:00 am. Signed by Judge Beth Labson Freeman on 12/16/2014. (tsh, COURT STAFF) (Filed on 12/16/2014) (Entered: 12/16/2014)
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Dec. 16, 2014
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Dec. 16, 2014
RECAP
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Jury Selection set for 4/11/2016 09:00 AM. Jury Trial set for 04/11/2016, 4/12/2016, 4/13/2016, 4/15/2016, 4/18/2016, 4/19/2016, 4/20/2016, 4/22/2016, 4/25/2016, 4/26/2016, 4/27/2016, and 4/29/2016 at 09:00 AM before Judge Beth Labson Freeman. (tsh, COURT STAFF) (Filed on 12/16/2014)
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Dec. 16, 2014
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Dec. 16, 2014
PACER
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77
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ADR Clerk's Notice Appointing Randolph W. Hall as ENE Evaluator. (cmf, COURT STAFF) (Filed on 1/7/2015) (Entered: 01/07/2015)
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Jan. 7, 2015
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Jan. 7, 2015
PACER
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***ENTERED IN ERROR - PLEASE DISREGARD *** Set/Reset Hearing ENE Hearing set for 2/4/2015 at 09:30 AM at Liebert Cassidy Whitmore, 153 Townsend Street, Suite 520, San Francisco, CA 94107. (cmf, COURT STAFF) (Filed on 1/7/2015) Modified on 1/7/2015 (cmf, COURT STAFF).
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Jan. 7, 2015
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Jan. 7, 2015
PACER
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ADR Remark: ***ENTERED IN ERROR - PLEASE DISREGARD ***ENE Hearing set for 2/4/2015 at 09:30 AM at Liebert Cassidy Whitmore, 153 Townsend Street, Suite 520, San Francisco, CA 94107 (cmf, COURT STAFF) (Filed on 1/7/2015)
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Jan. 7, 2015
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Jan. 7, 2015
PACER
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Set/Reset Hearing ENE Hearing set for 3/2/2015 at 09:30 AM at the Federal Building, 450 Golden Gate Avenue, 16th Floor, San Francisco, CA. (cmf, COURT STAFF) (Filed on 2/10/2015)
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Feb. 10, 2015
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Feb. 10, 2015
PACER
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78
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ORDER RE: ATTENDANCE AT MEDIATION.. Signed by Magistrate Judge Maria-Elena James on 2/23/2015. (rmm2S, COURT STAFF) (Filed on 2/23/2015) (Entered: 02/23/2015)
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Feb. 23, 2015
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Feb. 23, 2015
RECAP
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79
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CERTIFICATE OF SERVICE via Mail re: ENE Statement filed by City of Monterey, Brent Hall, Philip Penko (Thompson, Ryan) (Filed on 2/26/2015) Modified on 2/26/2015 (bwS, COURT STAFF). (Entered: 02/26/2015)
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Feb. 26, 2015
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Feb. 26, 2015
PACER
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80
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CERTIFICATION OF ENE Session by Evaluator, Randolph W. Hall; ENE session held 3/2/2015; Case did not settle; ENE process is complete. (cmf, COURT STAFF) (Filed on 3/3/2015) (Entered: 03/03/2015)
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March 3, 2015
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March 3, 2015
PACER
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81
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STIPULATION WITH PROPOSED ORDER filed by California Forensic Medical Group, Taylor Fithian. (Saunders, Jemma) (Filed on 6/10/2015) (Entered: 06/10/2015)
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June 10, 2015
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June 10, 2015
PACER
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82
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ORDER GRANTING STIPULATED PROTECTIVE ORDER by Magistrate Judge Paul Singh Grewal granting 81 (psglc2, COURT STAFF) (Filed on 6/22/2015) (Entered: 06/22/2015)
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June 22, 2015
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June 22, 2015
PACER
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83
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MOTION to Compel Further RFP Responses from Defendant California Forensic Medical Group filed by Joshua Claypole, Silvia Guersenzvaig. Motion Hearing set for 8/11/2015 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 7/9/2015. Replies due by 7/16/2015. (Attachments: # 1 Declaration of Mohammad Tajsar in Support of Pltfs' Mtn to Compel Further RFP Responses, # 2 Exhibits 1-8, # 3 Proposed Order Granting Pltfs' Mtn to Compel Further RFP Responses)(Tajsar, Mohammad) (Filed on 6/25/2015) (Entered: 06/25/2015)
1 Declaration of Mohammad Tajsar in Support of Pltfs' Mtn to Compel Further R
View on PACER
2 Exhibits 1-8
View on PACER
3 Proposed Order Granting Pltfs' Mtn to Compel Further RFP Responses
View on PACER
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June 25, 2015
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June 25, 2015
PACER
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84
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CLERK'S NOTICE RESETTING AUGUST 11, 2015 MOTION HEARING, resetting 83 MOTION to Compel Further RFP Responses from Defendant California Forensic Medical Group. 8/11/2015 Motion Hearing is reset to 8/18/2015 at 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. ***This is a text only docket entry, there is no document associated with this notice.*** (ofr, COURT STAFF) (Filed on 6/26/2015) (Entered: 06/26/2015)
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June 26, 2015
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June 26, 2015
PACER
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85
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RESPONSE (re 83 MOTION to Compel Further RFP Responses from Defendant California Forensic Medical Group ) Defendants CFMG and Taylor Fithian, M.D.'s Opposition to Plaintiffs' Motion to Compel Production of Documents filed byCalifornia Forensic Medical Group, Taylor Fithian. (Attachments: # 1 Declaration of Taylor Fithian, M.D., III in Support of Opposition to Motion to Compel, # 2 Declaration of Jemma Parker Saunders in Support of Opposition to Motion to Compel, # 3 Exhibit A to Declaration of Jemma Parker Saunders In Support of Opposition to Motion to Compel, # 4 Proposed Order, # 5 Certificate/Proof of Service)(Saunders, Jemma) (Filed on 7/9/2015) (Entered: 07/09/2015)
1 Declaration of Taylor Fithian, M.D., III in Support of Opposition to Motion to C
View on PACER
2 Declaration of Jemma Parker Saunders in Support of Opposition to Motion to Compe
View on PACER
3 Exhibit A to Declaration of Jemma Parker Saunders In Support of Opposition to Mo
View on PACER
4 Proposed Order
View on PACER
5 Certificate/Proof of Service
View on PACER
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July 9, 2015
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July 9, 2015
PACER
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86
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REPLY (re 83 MOTION to Compel Further RFP Responses from Defendant California Forensic Medical Group ) filed byJoshua Claypole, Silvia Guersenzvaig. (Tajsar, Mohammad) (Filed on 7/16/2015) (Entered: 07/16/2015)
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July 16, 2015
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July 16, 2015
PACER
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87
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STIPULATION WITH PROPOSED ORDER RE PLAINTIFFS' DEPOSITION OF WITNESS KIM SPANO, L.F.M.T. filed by California Forensic Medical Group, Taylor Fithian. (Attachments: # 1 Certificate/Proof of Service)(Bertling, Peter) (Filed on 7/29/2015) (Entered: 07/29/2015)
1 Certificate/Proof of Service
View on PACER
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July 29, 2015
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July 29, 2015
PACER
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88
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STIPULATION AND ORDER RE PLAINTIFFS' DEPOSITION OF WITNESS KIM SPANO, L.M.F.T. (approving 87 ). Signed by Judge Beth Labson Freeman on 7/31/2015. (blflc1, COURT STAFF) (Filed on 7/31/2015) (Entered: 07/31/2015)
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July 31, 2015
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July 31, 2015
PACER
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89
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MOTION for Leave to File Supplemental Brief in Support of Motion to Compel California Forensic Medical Group's Further Response to Plaintiff's Request for Production of Documents filed by Joshua Claypole. (Attachments: # 1 Declaration of Lori Rifkin in Support of Request to File Supplemental Brief in Support of Motion to Compel, # 2 Proposed Order Granting Request to File Supplemental Brief in Support of Motion to Compel)(Rifkin, Lori) (Filed on 8/11/2015) (Entered: 08/11/2015)
1 Declaration of Lori Rifkin in Support of Request to File Supplemental Brief in S
View on PACER
2 Proposed Order Granting Request to File Supplemental Brief in Support of Motion
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Aug. 11, 2015
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Aug. 11, 2015
PACER
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90
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ORDER GRANTING LEAVE TO FILE SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION TO COMPEL by Magistrate Judge Paul Singh Grewal granting 89 (psglc2, COURT STAFF) (Filed on 8/12/2015) (Entered: 08/12/2015)
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Aug. 12, 2015
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Aug. 12, 2015
PACER
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91
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DECLARATION of Peter G. Bertling in Opposition to 85 Opposition/Response to Motion,, Supplemental Declaration of Peter G. Bertling in Support of Defendants' Opposition to Plaintiffs' Motion to Compel Documents (and Testimony) filed byCalifornia Forensic Medical Group, Taylor Fithian. (Attachments: # 1 Certificate/Proof of Service)(Related document(s) 85 ) (Bertling, Peter) (Filed on 8/17/2015) (Entered: 08/17/2015)
1 Certificate/Proof of Service
View on PACER
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Aug. 17, 2015
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Aug. 17, 2015
PACER
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92
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Minute Entry for proceedings held before Magistrate Judge Paul Singh Grewal: Motion Hearing held on 8/18/2015 re 83 MOTION to Compel Further RFP Responses from Defendant California Forensic Medical Group. Plaintiff's Motion to Compel is granted in part. Documents to be produced in response to Request for Document Production Nos. 33 and 34 only to the extent that they relate to facilities identified in the Exhibit Dr. Fithian was describing in his deposition at pages 162 - 165. The court orders 3 additional hours of deposition testimony from Dr. Fithian once production of documents complete, which can include questions about changes in policies and procedures at the Monterey facility and staff practices at the Monterey facility. Depositions to occur no later than 30 days from today's date and documents to be produced no later than 14 days from today's date. With respect to Request for Document Production Nos. 12 and 14, only contracts and licenses for the facilities identified in the Exhibit referenced above to be produced. An unredacted version of the Exhibit referenced above also to be produced. Court Reporter: Lee-Anne Shortridge. Time in Court: (11:57 to 12:26). Plaintiff Attorney(s) present: Lori Rifkin. Defendant Attorney(s) present: Peter Bertling. This is a text only Minute Entry. (ofr, COURT STAFF) (Date Filed: 8/18/2015) (Entered: 08/19/2015)
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Aug. 18, 2015
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Aug. 18, 2015
PACER
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93
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STIPULATION WITH PROPOSED ORDER re Plaintiffs' Deposition of Defendant Scott Miller filed by Joshua Claypole, Silvia Guersenzvaig. (Piovia-Scott, Joshua) (Filed on 8/25/2015) (Entered: 08/25/2015)
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Aug. 25, 2015
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Aug. 25, 2015
PACER
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94
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STIPULATION AND ORDER RE PLAINTIFFS' DEPOSITION OF DEFENDANT SCOT MILLER (granting 93 ). Signed by Judge Beth Labson Freeman on 8/25/2015. (blflc1, COURT STAFF) (Filed on 8/25/2015) (Entered: 08/25/2015)
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Aug. 25, 2015
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Aug. 25, 2015
PACER
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95
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CLERK'S NOTICE SETTING DISCOVERY HEARING: Discovery Hearing set for 8/31/2015 at 1:00 PM (SPECIAL SET) in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ofr, COURT STAFF) (Filed on 8/31/2015) (Entered: 08/31/2015)
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Aug. 31, 2015
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Aug. 31, 2015
PACER
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96
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Minute Entry for proceedings held before Magistrate Judge Paul Singh Grewal: Mid-Deposition Dispute hearing held on 8/31/2015. The court permits Ms. Rifkin to ask questions about Correctional Medical Group Company and Southwest Corrections Medical Group that are focused on the events at issue in this case at the time of the events at issue. Ms. Rifkin may ask questions regarding Dr. Fithian's compensation and net worth. The court will also permit questions regarding the date of formation of Southwest Corrections Medical Group and Correctional Medical Group Company and what relationship Dr. Fithian had with these companies at the time Mr. Claypole suffered his injuries. In order to explore what relationship Dr. Fithian may have formed following the events at issue, Plaintiff will first need to lay foundation that these entities were formed at the time of the incidents. The court denies Mr. Bertling's request to extend deadline to depose Dr. Fithian. FTR Time (1:12 to 1:25) Plaintiff Attorney(s) present (telephonically): Lori Rifkin and Joshua Piovia-Scott. Defendant Attorney(s) present (telephonically): Peter Bertling, Irv Grant, Murlie Hanson and Kim Hara. Also present: Dr. Taylor Fithian. This is a text only Minute Entry. (ofr, COURT STAFF) (Date Filed: 8/31/2015) Modified on 9/1/2015 (ofr, COURT STAFF). (Entered: 09/01/2015)
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Aug. 31, 2015
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Aug. 31, 2015
PACER
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