Case: Thomas v. Kent

Kent v. Thomas

Disability Rights California

PLAINTIFFS EX PARTE APPLICATION for Appointment of Thomas Jerry as Guardian ad Litem for B.T. filed by Plaintiffs Sean Benison, Arthur Congdon, Jerry Thomas. Lodged Proposed Order. (Attachments: # 1 Lodged Complaint and Civil Cover Sheet, # 2 Lodged Memorandum, # 3 Lodged Notice of Pendency of Other Action or Proceedings). (et) (Entered: 10/21/2014)

MEMORANDUM OF POINTS AND AUTHORITIES in Support of Appointment of Thomas Jerry as Guardian ad Litem for B.T. 1 filed by Plaintiffs Sean Benison, Arthur Congdon, Jerry Thomas. (et) (Entered: 10/21/2014)

ORDER by Magistrate Judge Jacqueline Chooljian: Granting 1 Application to Appoint Guardian ad Litem. Appointing Jerry Thomasas Guardian ad Litem for B.T. (et) (Entered: 10/24/2014)

LODGED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF forwarded to DUTY Magistrate Judge Jacqueline Chooljian. Complaint sought to be filed by Plaintiffs Sean Benison, Arthur Congdon, Jerry Thomas. (et)

COMPLAINT against Defendants Department of Health Care Services, Toby Douglas. Case assigned to Judge Fernando M. Olguin for all further proceedings. Discovery referred to Magistrate Judge Alicia G. Rosenberg. (Filing fee $ 400 PAID.), filed by Plaintiffs Jerry Thomas, Arthur Congdon, Sean Benison. (et) [Summons not Issued on 10/23/14]. (rn). (Entered: 10/24/2014)

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Sean Benison, Arthur Congdon, Jerry Thomas. (et) (rn). (Entered: 10/24/2014)

NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDINGS filed by Plaintiffs Sean Benison, Arthur Congdon, Jerry Thomas. (et) (rn). (Entered: 10/24/2014)

NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Alicia G. Rosenberg. (et) (Entered: 10/24/2014)

TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. All pleadings filed in this matter should contain the case number and the assigned judges' initials to ensure proper routing of documents. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully. Judge Olguin is a participant of the Central District of California's pilot project for submission and e-filing of under seal documents. Please refer to the judges' procedures and schedules page on the court's website for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY (Entered: 10/27/2014)

TEXT ONLY ENTRY: Magistrate Judge Alicia G. Rosenberg is participating in a pilot project regarding the submission of SEALED DOCUMENTS. Effective July 8, 2013, all proposed sealed documents pertaining to discovery matters referred to the magistrate judge must be submitted via e-mail to the Judges Chambers email address at AGR_Chambers@cacd.uscourts.gov. Please refer to the judges procedures and schedules for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mp) TEXT ONLY ENTRY (Entered: 10/29/2014)

[THIS DOCUMENT IS HEREBY STRICKEN BY ORDER OF THE COURT 13 ] - APPLICATION for Leave to Proceed In Forma Pauperis filed by plaintiff Jerry Thomas. (Attachments: # 1 Declaration Declaration of Elissa Gershon RE Request to Proceed in Forma Pauperis, # 2 Exhibit A - Jerry Thomas IFP Application, # 3 Exhibit B - Arthur Congdon IFP Application, # 4 Exhibit C - Sean Benison IFP Application, # 5 Exhibit D - Declaration of Beverly Thomas, # 6 Exhibit E - Declaration of Jennifer Knight)(Coelho, Monisha) Modified on 11/25/2014 (jp). (Entered: 11/20/2014)

[THIS DOCUMENT IS HEREBY STRICKEN BY ORDER OF THE COURT 13 ] - APPLICATION for Leave to Proceed In Forma Pauperis filed by plaintiff Arthur Congdon. (Attachments: # 1 Declaration Declaration of Elissa Gershon RE Request to Proceed in Forma Pauperis, # 2 Exhibit A - Jerry Thomas IFP Application, # 3 Exhibit B - Arthur Congdon IFP Application, # 4 Exhibit C - Sean Benison IFP Application, # 5 Exhibit D - Declaration of Beverly Thomas, # 6 Exhibit E - Declaration of Jennifer Knight)(Coelho, Monisha) Modified on 11/25/2014 (jp). (Entered: 11/20/2014)

[THIS DOCUMENT IS HEREBY STRICKEN BY ORDER OF THE COURT 13 ] - APPLICATION for Leave to Proceed In Forma Pauperis filed by plaintiff Sean Benison. (Attachments: # 1 Declaration Declaration of Elissa Gershon RE Request to Proceed in Forma Pauperis, # 2 Exhibit A - Jerry Thomas IFP Application, # 3 Exhibit B - Arthur Congdon IFP Application, # 4 Exhibit C - Sean Benison IFP Application, # 5 Exhibit D - Declaration of Beverly Thomas, # 6 Exhibit E - Declaration of Jennifer Knight)(Coelho, Monisha) Modified on 11/25/2014 (jp). (Entered: 11/20/2014)

ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Fernando M. Olguin: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: APPLICATION for Leave to Proceed In Forma Pauperis 10, APPLICATION for Leave to Proceed In Forma Pauperis [11, APPLICATION for Leave to Proceed In Forma Pauperis 12 for the following reasons: Counsel may not electronically file Applications for Leave to Proceed in Forma Pauperis. (jp) (Entered: 11/25/2014)

REQUEST TO PROCEED IN FORMA PAUPERIS filed by Plaintiff Jerry Thomas. (kl) (Entered: 12/02/2014)

DECLARATION OF ELISSA GERSHON RE REQUEST TO PROCEED IN FORMA PAUPERIS 14 filed by Plaintiff Jerry Thomas. (kl) (Entered: 12/02/2014)

REQUEST TO PROCEED IN FORMA PAUPERIS filed by Plaintiff Arthur Congdon. (kl) (Entered: 12/02/2014)

DECLARATION OF ELISSA GERSHON RE REQUEST TO PROCEED IN FORMA PAUPERIS 16 filed by Plaintiff Arthur Congdon. (kl) (Entered: 12/02/2014)

REQUEST TO PROCEED IN FORMA PAUPERIS filed by Plaintiff Sean Benison. (kl) (Entered: 12/02/2014)

DECLARATION OF ELISSA GERSHON RE REQUEST TO PROCEED IN FORMA PAUPERIS 18 filed by Plaintiff Sean Benison. (kl) (Entered: 12/02/2014)

TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. The pending Request to Proceed in Forma Pauperis 14, 16 and 18 are hereby referred to Magistrate Judge Rosenberg for ruling. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY (Entered: 12/09/2014)

MINUTE ORDER IN CHAMBERS by Magistrate Judge Alicia G. Rosenberg: re: Request for Leave to Proceed In Forma Pauperis 14, Request for Leave to Proceed In Forma Pauperis 18, Request for Leave to Proceed In Forma Pauperis 16 . RECOMMENDATIONS RE REQUESTS FOR IN FORMA PAUPERIS STATUS. On November 26, 2014, Plaintiffs filed separate requests to proceed in forma pauperis ("IFP Requests" or "IFP Request"). Based on the above, the court recommends that the IFP Requests for Congdon and Benison be granted. The court recommends that the IFP Request for Thomas be denied. Thomas and his wife's income and assets do not entitle Plaintiff to IFP status. (See Order for details.) (mp) (Entered: 12/18/2014)

PROPOSED MINUTE ORDER RE REQUESTS FOR IN FORMA PAUPERIS STATUS 14, 16, 18 forwarded to the District Judge for review and approval.(mp)

NOTICE OF CLERICAL ERROR re Text Only Entry - Proposed Minute Order Re Requests For In Forma Pauperis Status. Due to clerical error the docket entry was made erroneously. (mp) (Entered: 12/18/2014)

Amended NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, identifying Jerry Thomas, Arthur Congdon, Sean Benison, IN SPIRIT. (Havens, Betsy) (Entered: 01/28/2015)

Request for Clerk to Issue Summons on Notice (Other) 6, Complaint - (Discovery), 4, Certificate/Notice of Interested Parties 23 filed by Plaintiff Sean Benison, Arthur Congdon, Jerry Thomas. (Havens, Betsy) (Entered: 01/28/2015)

2nd Amended CERTIFICATE of Interested Parties filed by Plaintiff All Plaintiffs, (Attachments: # 1 Supplement List of Interested Parties)(Havens, Betsy) (Entered: 01/29/2015)

FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF AMENDED COMPLAINT against Defendant All Defendants amending Complaint - (Discovery), 4, filed by Plaintiff Jerry Thomas, Arthur Congdon, Sean Benison (Gershon, Elissa) (Entered: 01/29/2015)

21 DAY Summons Issued re First Amended Complaint 26 as to Defendants Jennifer Kent, State of California Department of Health Care Services. (jp) (Entered: 01/30/2015)

MINUTES (IN CHAMBERS) Order Re: Requests for In Forma Pauperis Status by Judge Fernando M. Olguin: Based on the foregoing, IT IS ORDERED THAT plaintiffs' Requests to Proceed in Forma Pauperis (Document Nos. 14, 16 & 18 ) are DENIED. (jp) (Entered: 02/02/2015)

PROOF OF SERVICE Executed by Plaintiff Jerry Thomas, Arthur Congdon, Sean Benison, upon Defendant State of California Department of Health Care Services served on 2/2/2015, answer due 2/23/2015. Service of the Summons and Complaint were executed upon Elizabeth Geiger, Legal Analyst in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Havens, Betsy) (Entered: 02/12/2015)

PROOF OF SERVICE filed by Plaintiff Sean Benison, Arthur Congdon, Jerry Thomas, served on 02/06/2015. (Havens, Betsy) (Entered: 02/12/2015)

PROOF OF SERVICE Executed by Plaintiff Jerry Thomas, Arthur Congdon, Sean Benison, upon Defendant Jennifer Kent served on 2/9/2015, answer due 3/2/2015. Service of the Summons and Complaint were executed upon Ben Doyle, Legal Analyst in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Havens, Betsy) (Entered: 02/12/2015)

STIPULATION for Extension of Time to File Responsive Pleading as to Amended Complaint/Petition 26 filed by Defendant Jennifer Kent, State of California Department of Health Care Services. (Attachments: # 1 Proposed Order)(Attorney Kenneth Kai-Chun Wang added to party Jennifer Kent(pty:dft), Attorney Kenneth Kai-Chun Wang added to party State of California Department of Health Care Services(pty:dft))(Wang, Kenneth) (Entered: 02/20/2015)

ORDER EXTENDING THE TIME FOR THE FILING OF THE RESPONSIVE PLEADING by Judge Fernando M. Olguin, re Stipulation 32 . Defendant California Department of Health Care Services may respond to the First Amended Complaint by 3/2/2015. (vdr) (Entered: 02/23/2015)

STIPULATION Extending Time to Answer the complaint as to Jennifer Kent answer now due 3/23/2015; State of California Department of Health Care Services answer now due 3/23/2015, re Amended Complaint/Petition 26 filed by Defendants Jennifer Kent; State of California Department of Health Care Services. (Attachments: # 1 Proposed Order)(Wang, Kenneth) (Entered: 02/27/2015)

ORDER EXTENDING TIME FOR DEFENDANTS' ANSWERS TO THE FIRST AMENDED COMPLAINT by Judge Fernando M. Olguin, re Stipulation 34 . Defendants California Department of Health Care Services and Director Jennifer Kent are to answer the First Amended Complaint by 3/23/2015. (vdr) (Entered: 02/27/2015)

ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Scheduling Conference set for 4/16/2015 at 10:00 AM before Judge Fernando M. Olguin; Rule 26 Meeting Report due by 4/2/2015. (vdr) (Entered: 03/12/2015)

ANSWER to Amended Complaint/Petition 26 filed by Defendants Jennifer Kent, State of California Department of Health Care Services.(Wang, Kenneth) (Entered: 03/23/2015)

(Attorney Anne Hadreas added to party Sean Benison(pty:pla), Attorney Anne Hadreas added to party Arthur Congdon(pty:pla), Attorney Anne Hadreas added to party Jerry Thomas(pty:pla))(Hadreas, Anne) (Entered: 03/23/2015)

Notice of Appearance or Withdrawal of Counsel: for attorney Elissa Staci Gershon counsel for Plaintiffs Sean Benison, Arthur Congdon, Jerry Thomas. Monisha A. Coelho is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Jerry Thomas, Arthur Congdon, Sean Benison, and In Spirit. (Gershon, Elissa) (Entered: 03/24/2015)

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 14 days, filed by Plaintiffs Sean Benison, Arthur Congdon, In Spirit, Jerry Thomas.. (Gershon, Elissa) (Entered: 04/02/2015)

REQUEST for ADR Procedure No. 2 filled. Parties request to appear before a neutral selected from the court's Mediation Panel for mediation. Filed by Plaintiffs Sean Benison, Arthur Congdon, In Spirit, Jerry Thomas(Gershon, Elissa) (Entered: 04/03/2015)

STIPULATION for Extension of Time to File Motion to Strike Defendant's Answer filed by Plaintiff Sean Benison, Arthur Congdon, In Spirit, Jerry Thomas. (Attachments: # 1 Proposed Order)(Gershon, Elissa) (Entered: 04/09/2015)

ORDER EXTENDING TIME FOR PLAINTIFFS' MOTION TO STRIKE DEFENDANTS' ANSWERS (FRCP 12(F)) 42 by Judge Fernando M. Olguin. The April 13, 2015 date for the filing of Plaintiffs' Motion to Strike Defendants' Answer, in whole or in part, is continued through and including May 13, 2015. IT IS SO ORDERED. (jloz) (Entered: 04/13/2015)

SCHEDULING AND CASE MANAGEMENT ORDER RE: JURY TRIAL by Judge Fernando M. Olguin. The court deems a Scheduling Conference unnecessary and hereby vacates the hearing. Jury Trial set for 4/26/2016 at 8:30 AM; Final Pretrial Conference/Motions in Limine set for 4/8/2016 at 10:00 AM before Judge Fernando M. Olguin. *See order for deadlines and requirements set.* (vdr) (Entered: 04/13/2015)

ORDER RE: SUMMARY JUDGMENT MOTIONS by Judge Fernando M. Olguin. (vdr) (Entered: 04/13/2015)

STIPULATION for Extension of Time to File Prop Order re ESI filed by Plaintiffs Sean Benison, Arthur Congdon, In Spirit, Jerry Thomas. (Attachments: # 1 Proposed Order Prop Order Granting Ext. of Time)(Gershon, Elissa) (Entered: 04/15/2015)

ORDER EXTENDING TIME FOR PARTIES PROPOSED ORDER CONCERNING ELECTRONICALLY STORED INFORMATION by Magistrate Judge Alicia G. Rosenberg, re Stipulation for Extension of Time to File 46 . Good cause having been shown in the Parties' stipulation to extend time for the parties to submit to this Court a proposed order concerning production of Electronically Stored Information, the Court hereby orders as follows: The April 15, 2015 date for the filing of the parties' proposed order concerning production of Electronically Stored Information is continued through and including May 1, 2015. IT IS SO ORDERED. (mp) (Entered: 04/20/2015)

AMENDED ANSWER to Amended Complaint/Petition 26 filed by Defendants Jennifer Kent, State of California Department of Health Care Services. (Wang, Kenneth) (Entered: 04/24/2015)

STIPULATION for Order Re Joint Stipulation re Discovery of Electronically Stored Information filed by Plaintiff Sean Benison, Arthur Congdon, In Spirit, Jerry Thomas.(Gershon, Elissa) (Entered: 05/04/2015)

ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION by Magistrate Judge Alicia G. Rosenberg re Stipulation for Order 49 . IT IS ORDERED that the forgoing Agreement is approved. (See Order for details.) (mp)

First NOTICE of Appearance filed by attorney Deborah D Gettleman on behalf of Plaintiffs Sean Benison, Arthur Congdon, In Spirit, Jerry Thomas (Attorney Deborah D Gettleman added to party Sean Benison(pty:pla), Attorney Deborah D Gettleman added to party Arthur Congdon(pty:pla), Attorney Deborah D Gettleman added to party In Spirit(pty:pla), Attorney Deborah D Gettleman added to party Jerry Thomas(pty:pla))(Gettleman, Deborah) (Entered: 06/11/2015)

NOTICE OF MOTION AND First MOTION to AMEND THE PLEADINGS filed by Plaintiffs Sean Benison, Arthur Congdon, In Spirit, Jerry Thomas. Motion set for hearing on 7/16/2015 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Exhibit Proposed Second Amended Complaint)(Attorney Anne Hadreas added to party In Spirit(pty:pla))(Hadreas, Anne) (Entered: 06/12/2015)

DECLARATION of ELISSA GERSHON IN SUPPORT OF First MOTION to AMEND THE PLEADINGS 52 filed by Plaintiffs Sean Benison, Arthur Congdon, In Spirit, Jerry Thomas. (Attachments: # 1 Exhibit A: Redlined Complaint, # 2 Exhibit B: Chart Explaining Changes)(Hadreas, Anne) (Entered: 06/12/2015)

NOTICE OF MOTION AND First MOTION to AMEND THE PLEADINGS filed by PLAINTIFFS Sean Benison, Arthur Congdon, In Spirit, Jerry Thomas. Motion set for hearing on 7/16/2015 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Exhibit [PROPOSED] SECOND AMENDED COMPLAINT, # 2 Proposed Order [PROPOSED] ORDER GRANTING LEAVE TO AMEND)(Hadreas, Anne) (Entered: 06/12/2015)

NOTICE OF ERRATA filed by Plaintiffs Sean Benison, Arthur Congdon, In Spirit, Jerry Thomas. correcting First MOTION to AMEND THE PLEADINGS 52 (Hadreas, Anne) (Entered: 06/12/2015)

NOTICE OF MOTION AND First MOTION to AMEND THE PLEADINGS filed by PLAINTIFFS Sean Benison, Arthur Congdon, In Spirit, Jerry Thomas. Motion set for hearing on 7/16/2015 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: # 1 Exhibit A: SECOND AMENDED COMPLAINT, # 2 Proposed Order GRANTING PLAINTIFFS LEAVE TO AMEND PLEADINGS)(Hadreas, Anne) (Entered: 06/12/2015)

NOTICE OF ERRATA filed by Plaintiffs Sean Benison, Arthur Congdon, In Spirit, Jerry Thomas. correcting First MOTION to AMEND THE PLEADINGS 56 TO REPLACE ECF NOS. 52 & 54 (Hadreas, Anne) (Entered: 06/12/2015)

STIPULATION for Extension of Time to File STIPULATION REGARDING SELECTION OF PANEL MEDIATOR filed by Plaintiff Sean Benison, Arthur Congdon, In Spirit, Jerry Thomas. (Attachments: # 1 Proposed Order [PROPOSED] ORDER EXTENDING THE TIME FOR THE FILING OF THE STIPULATION REGARDING SELECTION OF PANEL MEDIATOR)(Havens, Betsy) (Entered: 06/12/2015)

ORDER by Judge Fernando M. Olguin: The Stipulation for Extension of Time to File ADR Selection 58 is GRANTED. The 6/2/2015 date for the filing of the stipulation regarding selection of the panel mediator is continued through and including 6/19/2015. IT IS SO ORDERED. (cw) (Entered: 06/15/2015)

Notice of Appearance or Withdrawal of Counsel: for attorney Robert D Newman, Jr counsel for Plaintiff Jerry Thomas. Adding Robert D. Newman as counsel of record for Jerry Thomas, by and through Guardian Ad Litem Beverly Thomas, Arthur Congdon, Sean Benison, and In Spirit for the reason indicated in the G-123 Notice. Filed by NOTICE OF APPEARANCE OR WITHDRAWAL OF COUNSEL Robert D. Newman. (Attorney Robert D Newman, Jr added to party Jerry Thomas(pty:pla))(Newman, Robert) (Entered: 06/17/2015)

Notice of Appearance or Withdrawal of Counsel: for attorney Robert D Newman, Jr counsel for Plaintiffs Sean Benison, Arthur Congdon, In Spirit, Jerry Thomas. Adding Mona Tawatao as counsel of record for Jerry Thomas, by and through Guardian Ad Litem Beverly Thomas, Arthur Congdon, Sean Benison, and In Spirit for the reason indicated in the G-123 Notice. Filed by NOTICE OF APPEARANCE OR WITHDRAWAL OF COUNSEL Mona Tawatao. (Attorney Robert D Newman, Jr added to party Sean Benison(pty:pla), Attorney Robert D Newman, Jr added to party Arthur Congdon(pty:pla), Attorney Robert D Newman, Jr added to party In Spirit(pty:pla))(Newman, Robert) (Entered: 06/17/2015)

Notice of Appearance or Withdrawal of Counsel: for attorney Robert D Newman, Jr counsel for Plaintiffs Sean Benison, Arthur Congdon, In Spirit, Jerry Thomas. Adding Sue Himmelrich as counsel of record for Jerry Thomas, by and through Guardian Ad Litem Beverly Thomas, Arthur Congdon, Sean Benison, and In Spirit for the reason indicated in the G-123 Notice. Filed by NOTICE OF APPEARANCE OR WITHDRAWAL OF COUNSEL Sue Himmelrich. (Newman, Robert) (Entered: 06/17/2015)

STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Michael Balmages may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiffs Sean Benison, Arthur Congdon, In Spirit, Jerry Thomas(Gershon, Elissa) (Entered: 06/19/2015)

OPPOSITION to First MOTION to AMEND THE PLEADINGS 56 filed by Defendants Jennifer Kent, State of California Department of Health Care Services. (Wang, Kenneth) (Entered: 06/25/2015)

NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Michael Balmages has been assigned to serve as Panel Mediator. (mb) (Entered: 06/26/2015)

REPLY REPLY IN SUPPORT OF MOTION First MOTION to AMEND THE PLEADINGS 56 filed by Plaintiffs Sean Benison, Arthur Congdon, In Spirit, Jerry Thomas. (Hadreas, Anne) (Entered: 07/02/2015)

DECLARATION of MARILYN HOLLE IN SUPPORT OF REPLY TO OPPOSITION OF First MOTION to AMEND THE PLEADINGS 56 filed by Plaintiffs Sean Benison, Arthur Congdon, In Spirit, Jerry Thomas. (Hadreas, Anne) (Entered: 07/02/2015)

DECLARATION of ROBERT D. NEWMAN IN SUPPORT OF REPLY TO OPPOSITION OF First MOTION to AMEND THE PLEADINGS 56 filed by Plaintiffs Sean Benison, Arthur Congdon, In Spirit, Jerry Thomas. (Hadreas, Anne) (Entered: 07/02/2015)

ORDER by Judge Fernando M. Olguin, granting MOTION 56 to Amend. Plaintiffs shall file a Second Amended Complaint no later than two court days from the filing of this Order. Defendants shall file an Answer by 7/21/2015. (vdr) (Entered: 07/06/2015)

SECOND AMENDED COMPLAINT against DEFENDANTS Jennifer Kent, State of California Department of Health Care Services amending Amended Complaint/Petition 26, filed by PLAINTIFFS Jerry Thomas, In Spirit, Sean Benison (Gershon, Elissa) (Entered: 07/07/2015)

ANSWER to Amended Complaint/Petition 70 Answer to the Second Amended Complaint filed by Defendants Jennifer Kent, State of California Department of Health Care Services.(Wang, Kenneth) (Entered: 07/21/2015)

NOTICE OF MOTION AND First MOTION for Protective Order for PLAINTIFFS' MEDICAL RECORDS filed by PLAINTIFFS Sean Benison, In Spirit, Juan Palomares, Jerry Thomas. Motion set for hearing on 9/8/2015 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Hadreas, Anne) (Entered: 08/14/2015)

JOINT STIPULATION to First MOTION for Protective Order for PLAINTIFFS' MEDICAL RECORDS 72 filed by Plaintiffs Sean Benison, In Spirit, Juan Palomares, Jerry Thomas. (Attachments: # 1 Proposed Order)(Hadreas, Anne) (Entered: 08/14/2015)

DECLARATION of ANNE HADREAS IN SUPPORT OF First MOTION for Protective Order for PLAINTIFFS' MEDICAL RECORDS 72 filed by Plaintiffs Sean Benison, In Spirit, Juan Palomares, Jerry Thomas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Hadreas, Anne) (Entered: 08/14/2015)

DECLARATION of KENNETH WANG REGARDING First MOTION for Protective Order for PLAINTIFFS' MEDICAL RECORDS 72 filed by Plaintiffs Sean Benison, In Spirit, Juan Palomares, Jerry Thomas. (Hadreas, Anne) (Entered: 08/14/2015)

Notice of Appearance or Withdrawal of Counsel: for attorney Michael Thomas Guitar counsel for Defendant Jennifer Kent. Adding Michael Thomas Guitar as counsel of record for Jennifer Kent; Department of Health Care Services for the reason indicated in the G-123 Notice. Filed by defendant Jennifer Kent; Department of Health Care Services. (Attorney Michael Thomas Guitar added to party Jennifer Kent(pty:dft))(Guitar, Michael) (Entered: 08/18/2015)

SUPPLEMENT to First MOTION for Protective Order for PLAINTIFFS' MEDICAL RECORDS 72 filed by Plaintiffs Sean Benison, In Spirit, Juan Palomares, Jerry Thomas. (Hadreas, Anne) (Entered: 08/24/2015)

REQUEST FOR JUDICIAL NOTICE re First MOTION for Protective Order for PLAINTIFFS' MEDICAL RECORDS 72 filed by Plaintiffs Sean Benison, In Spirit, Juan Palomares, Jerry Thomas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Hadreas, Anne) (Entered: 08/24/2015)

First EX PARTE APPLICATION for Leave to File Supplemental Briefing and an Order Continuing the Hearing on Plaintiffs' Motion for a Protective Oder or, in the Alternative, Strike Plaintiffs' Supplemental Brief filed by Defendants Jennifer Kent, State of California Department of Health Care Services. (Attachments: # 1 Memorandum Memorandum in Support of Ex Parte Application for Leave to File Supplemental Briefing, # 2 Proposed Order Proposed Order in Support of Ex Parte Application, # 3 Declaration Declaration in Support of Ex Parte Application)(Guitar, Michael) (Entered: 09/01/2015)

OPPOSITION to First EX PARTE APPLICATION for Leave to File Supplemental Briefing and an Order Continuing the Hearing on Plaintiffs' Motion for a Protective Oder or, in the Alternative, Strike Plaintiffs' Supplemental Brief 79 filed by Plaintiffs Sean Benison, In Spirit, Juan Palomares, Jerry Thomas. (Attachments: # 1 Declaration, # 2 Proposed Order)(Hadreas, Anne) (Entered: 09/02/2015)

MINUTES (IN CHAMBERS) by Magistrate Judge Alicia G. Rosenberg: denying 79 Ex Parte Application for Leave. DEFENDANTS' EX PARTE APPLICATION FOR LEAVE TO FILE SUPPLEMENTAL BRIEFING AND AN ORDER CONTINUING THE HEARING ON PLAINTIFF'S MOTION FOR A PROTECTIVE ORDER. Defendants' ex parte application for leave to file supplemental briefing is DENIED WITHOUT PREJUDICE. The court will consider requests for additional briefing at oral argument. Defendants' request to continue the hearing is DENIED. Defendants' alternative motion to strike Plaintiffs' supplemental brief is DENIED. (mp) (Entered: 09/03/2015)

MINUTES OF Discovery Hearing held before Magistrate Judge Alicia G. Rosenberg. PLAINTIFFS' MOTION FOR PROTECTIVE ORDER 72 . On August 14, 2015, Plaintiffs filed a motion for a qualified protective order. (Dkt. No. 72.) On August 24, 2015, Plaintiffs filed a supplemental memorandum and request for judicial notice. (Dkt. Nos. 77-78.) The Court questions counsel and hears oral arguments as reflected on the record. Unless otherwise ordered, the Court takes the matter under submission. Court Recorder: CS 9/8/2015. (mp) (Entered: 09/09/2015)

Joint STIPULATION to Extend Discovery Cut-Off Date to November 16, 2015 filed by Defendants Jennifer Kent, State of California Department of Health Care Services. (Attachments: # 1 Proposed Order)(Wang, Kenneth) (Entered: 09/16/2015)

ORDER RE: STIPULATION 83 by Judge Fernando M. Olguin. The deadline to complete all fact discovery is continued to 11/16/2015. (vdr) (Entered: 09/17/2015)

MINUTES (IN CHAMBERS)by Magistrate Judge Alicia G. Rosenberg: denying 72 Motion for Protective Order. PLAINTIFF'S MOTION FOR QUALIFIED PROTECTIVE ORDER. IT IS HEREBY ORDERED that Plaintiffs' motion for protective order is DENIED. The parties are ordered to submit a proposed protective order that permits use of confidential medical information for issues related to a plaintiff's receipt of NF/AH waiver services. (See Order for details.) (mp) (Entered: 09/17/2015)

Joint STIPULATION to Dismiss Plaintiff In Spirit filed by Plaintiff In Spirit. (Attachments: # 1 Proposed Order Re Dismissal of Plaintiff IN SPIRIT)(Gettleman, Deborah) (Entered: 09/22/2015)

ORDER GRANTING VOLUNTARY DISMISSAL OF PLAINTIFF IN SPIRIT by Judge Fernando M. Olguin, re Stipulation 86 . (vdr) (Entered: 09/23/2015)

Joint STIPULATION for Protective Order filed by PLAINTIFFS Sean Benison, Juan Palomares, Jerry Thomas. (Attachments: # 1 Proposed Order)(Hadreas, Anne) (Entered: 09/24/2015)

PROTECTIVE ORDER CONCERNING DISCLOSURE OF INFORMATION FOR NAMED PLAINTIFFS by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 88 . Following stipulation between counsel of record for the parties that good cause exists for a protective order, pursuant to 45 C.F.R. Section 164.512 and Local Rule 7-1; and good cause having been shown; IT SO ORDERED with the changes made by the court on the attached order. ***** SEE CHANGES MADE BY THE COURT. **** (mp)

Joint STIPULATION to Continue the Trial Date and the Final Status Conference and to Extend the Pre-Trial Deadlines from FSC: 4/08/16; Trial 4/26/16 to FSC: 5/06/16; Trial 5/31/16 filed by Defendants Jennifer Kent, State of California Department of Health Care Services. (Attachments: # 1 Proposed Order)(Wang, Kenneth) (Entered: 10/23/2015)

ORDER RE: STIPULATION 90 by Judge Fernando M. Olguin. Jury Trial is continued to 5/31/2016 at 8:15 AM before Judge Fernando M. Olguin. *See order for other continued dates/deadlines.* (vdr) (Entered: 10/27/2015)

Joint STIPULATION to Extend Discovery Cut-Off Date to 1-21-2016 filed by Plaintiffs Sean Benison, Juan Palomares, Jerry Thomas. (Attachments: # 1 Proposed Order)(Gershon, Elissa) (Entered: 11/24/2015)

ORDER RE: STIPULATION 92 by Judge Fernando M. Olguin. (vdr) (Entered: 11/30/2015)

MEDIATION REPORT Filed by Mediator (ADR Panel) Michael Balmages: Mediation held on August 25, 2015. The parties are unable to reach an agreement at this time.(Killefer, Gail) (Entered: 01/12/2016)

Joint STIPULATION for Extension of Time to File Dispositive Motion filed by Plaintiffs Sean Benison, Juan Palomares, Jerry Thomas. (Attachments: # 1 Proposed Order)(Gershon, Elissa) (Entered: 02/12/2016)

ORDER RE: STIPULATION 95 by Judge Fernando M. Olguin. Jury Trial continued to 7/12/2016 at 8:15 AM before Judge Fernando M. Olguin. *See order for continued deadlines.* (vdr) (Entered: 02/16/2016)

APPLICATION to file document Attachments to MSJ under seal filed by Plaintiffs Sean Benison, Juan Palomares, Jerry Thomas. (Attachments: # 1 Exhibit Protective Order, # 2 Redacted Document Attachment 51, # 3 Redacted Document Attachment 52, # 4 Redacted Document Attachment 55, # 5 Redacted Document Attachment 60, # 6 Redacted Document Attachment 61, # 7 Redacted Document Attachment 100, # 8 Redacted Document Attachment 101, # 9 Redacted Document Attachment 102, # 10 Redacted Document Attachment 103, # 11 Redacted Document Attachment 103-B, # 12 Proposed Order Proposed Order)(Havens, Betsy) (Entered: 03/07/2016)

SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Attachments to MSJ under seal 97 filed by Plaintiffs Sean Benison, Juan Palomares, Jerry Thomas. (Attachments: # 1 Unredacted Document Attachment 1, # 2 Unredacted Document Attachment 2, # 3 Unredacted Document Attachment 3, # 4 Unredacted Document Attachment 4, # 5 Unredacted Document Attachment 5, # 6 Unredacted Document Attachment 6, # 7 Unredacted Document Attachment 7, # 8 Unredacted Document Attachment 8, # 9 Unredacted Document Attachment 9, # 10 Unredacted Document Attachment 10, # 11 Unredacted Document Attachment 11, # 12 Unredacted Document Attachment 12, # 13 Unredacted Document Attachment 13, # 14 Unredacted Document Attachment 14, # 15 Unredacted Document Attachment 15, # 16 Unredacted Document Attachment 16, # 17 Unredacted Document Attachment 17, # 18 Unredacted Document Attachment 18, # 19 Unredacted Document Attachment 19, # 20 Unredacted Document Attachment 20, # 21 Unredacted Document Attachment 21, # 22 Unredacted Document Attachment 22, # 23 Unredacted Document Attachment 23, # 24 Unredacted Document Attachment 24, # 25 Unredacted Document Attachment 25, # 26 Unredacted Document Attachment 26, # 27 Unredacted Document Attachment 27, # 28 Unredacted Document Attachment 28, # 29 Unredacted Document Attachment 29, # 30 Unredacted Document Attachment 30, # 31 Unredacted Document Attachment 31, # 32 Unredacted Document Attachment 32, # 33 Unredacted Document Attachment 33, # 34 Unredacted Document Attachment 34, # 35 Unredacted Document Attachment 35, # 36 Unredacted Document Attachment 36, # 37 Unredacted Document Attachment 37, # 38 Unredacted Document Attachment 38, # 39 Unredacted Document Attachment 39, # 40 Unredacted Document Attachment 40, # 41 Unredacted Document Attachment 41, # 42 Unredacted Document Attachment 42, # 43 Unredacted Document Attachment 43, # 44 Unredacted Document Attachment 44, # 45 Unredacted Document Attachment 44-A, # 46 Unredacted Document Attachment 44-B, # 47 Unredacted Document Attachment 45, # 48 Unredacted Document Attachment 46, # 49 Unredacted Document Attachment 47, # 50 Unredacted Document Attachment 48, # 51 Unredacted Document Attachment 49, # 52 Unredacted Document Attachment 50)(Havens, Betsy) (Entered: 03/07/2016)