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 90 |
Filed: 3/9/2017, Entered: None |
Unknown Document Type |
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Opinion and Order: The Court DENIES Plaintiffs' Motion 62 for Class Certification and DENIES as moot Defendants' Motions 80 , 81 to Strike Certain Evidence in Support of Plaintiffs' Reply.The Court directs the parties to confer and to submit a Joint Status Report no later than March 24, 2017, summarizing the issues that remain for resolution together with a jointly proposed case-management schedule to do so. Signed on 3/9/2017 by Judge Anna J. Brown. (sss)
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| 49 |
Filed: 4/29/2016, Entered: None |
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ORDER: Granting Defendants' Motions to Dismiss 41 and 42 , dismissing Plaintiffs' Claim Three with prejudice. Oral Argument set for 5/9/2016 is STRICKEN. Court sets Scheduling Conference for 5/9/2016 at 1:30 p.m. (See attached Order.) Signed on 4/29/2016 by Judge Anna J. Brown. (sm)
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Request |
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| 34 |
Filed: 1/22/2016, Entered: None |
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Stipulated Protective Order: Signed on 01/22/2016 by Judge Anna J. Brown. (bb) (Entered: 01/22/2016)
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Request |
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| 33 |
Filed: 1/21/2016, Entered: None |
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Stipulated Motion for Protective Order Governing Production of Certain Documents. Filed by American Specialty Health Group, Inc.. (Wilson, Harry) (Entered: 01/21/2016)
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Request |
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| 32 |
Filed: 1/7/2016, Entered: None |
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MINUTES of Proceedings: The Court heard oral argument on Defendant Health Net Health Plan of Oregon, Inc.'s Motion 23 to Dismiss Class Action Allegation Complaint and Defendant American Specialty Health Group, Inc.'s Motion 24 to Dismiss for Failure to State a Claim, Lack of Subject Matter Jurisdiction, and Failure to Join a Necessary Party. For the reasons stated on the record, the Court GRANTS in part Defendants' Motions and DISMISSES Plaintiffs' Complaint 1 without prejudice and with leave to amend no later than 2/12/2016. In their Amended Complaint, Plaintiffs must: (1) plead facts specific to each Plaintiff that demonstrate that the Plaintiff suffered a cognizable injury-in-fact (e.g., the Plaintiff was denied a particular desired service; forced to pay specific, additional out-of-pocket costs; or, in the case of the service-provider Plaintiffs, were subject to specific instances of unlawful discrimination); (2) with respect to any claim under ERISA, 29 U.S.C. § 1132(a)(1)(B), specify which provisions of their respective medical-insurance plans Plaintiffs assert established entitlement to the services that they claim they were unlawfully denied; (3) specifically identify the nature of the equitable relief sought under ERISA, 29 U.S.C. § 1132(a)(2), and plead facts sufficient to establish a legal entitlement to that relief; and (4) independently specify which cause of action under which each Plaintiff seeks a remedy pursuant to the Declaratory Judgment Act. In addition, in light of Plaintiffs' concession that the service-provider Plaintiffs do not have a viable cause of action under ERISA, the Court directs Plaintiffs to specifically identify the cause of action each of the service-provider Plaintiffs rely on to justify the declaratory relief that they seek. As Defendants agreed at oral argument pending consultation with their respective clients, and in order to facilitate Plaintiffs' preparation of an Amended Complaint, the Court directs Defendants submit to the Court an agreed form of protective order and, thereafter, to produce to Plaintiffs the relevant medical-insurance plans and contracts no later than 1/22/2016. Defendants' responses to Plaintiffs' Amended Complaint are due no later than 3/4/2016. If necessary to do so before conducting discovery and before dispositive motions, the Court grants leave to Defendants to file another motion under Federal Rule of Civil Procedure 12 in response to Plaintiffs' Amended Complaint. The Court will schedule a Rule 16 Conference upon the filing of Defendants' Answers to the operative complaint. Thomas Doyle, Richard Myers present as counsel for plaintiff(s). Harry Wilson, Elizabeth Mann, Brad Daniels, Stevan Phillips present as counsel for defendant(s).(Court Reporter Amanda LeGore.)Judge Anna J. Brown presiding. (bb) (Entered: 01/08/2016)
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Request |
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| 31 |
Filed: 12/2/2015, Entered: None |
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Reply in Support of Motion to Dismiss. Filed by Health Net Health Plan of Oregon, Inc.. (Related document(s): Motion to Dismiss 23 .) (Daniels, Brad) (Entered: 12/02/2015)
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Request |
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| 30 |
Filed: 12/2/2015, Entered: None |
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Reply in Support to Motion to Dismiss for Failure to State a Claim , Lack of Subject Matter Jurisdiction, and Failure to Join A Necessary Party 24 . Filed by American Specialty Health Group, Inc.. (Mann, Elizabeth) (Entered: 12/02/2015)
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Request |
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| 29 |
Filed: 11/17/2015, Entered: None |
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Scheduling Order by Judge Anna J. Brown. Oral Argument on Motion to Dismiss Class Action Allegation Complaint 23 , Motion to Dismiss for Failure to State a Claim , Lack of Subject Matter Jurisdiction, and Failure to Join A Necessary Party 24 , and Request for Judicial Notice Motion to Dismiss for Failure to State a Claim 25 is SET for 1/7/2016 at 01:30 PM in Portland Courtroom 14A before Judge Anna J. Brown. (bb) (Entered: 11/17/2015)
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Request |
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| 28 |
Filed: 11/2/2015, Entered: None |
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Response to Motion to Dismiss Class Action Allegation Complaint 23 , Motion to Dismiss for Failure to State a Claim , Lack of Subject Matter Jurisdiction, and Failure to Join A Necessary Party 24 , Request for Judicial Notice Motion to Dismiss for Failure to State a Claim 24 25 . Filed by Jeff Clark, Eileen Fox-Quamme, Lisa Hess, Mary Redfield, O. W.. (Doyle, Thomas) (Entered: 11/02/2015)
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| 27 |
Filed: 9/21/2015, Entered: None |
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ORDER by Judge Anna J. Brown. Granting Joint Motion to Extend Response Deadlines and Commencement of Discovery 26 . Court VACATES the scheduling dates set in the Notice of Case Assignment & Discovery & Pretrial Scheduling Order 2 . Plaintiffs' responses to Defendants' Motion to Dismiss 23 and 24 are due no later than 11/2/2015. Defendants' replies are due no later than 12/2/2015. (bb) (Entered: 09/21/2015)
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Request |
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| 26 |
Filed: 9/16/2015, Entered: None |
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Joint Motion for Extension of Time to File a Response/Reply Motion to Extend Response Deadlines and Commencement of Discovery to Motion to Dismiss for Failure to State a Claim , Lack of Subject Matter Jurisdiction, and Failure to Join A Necessary Party 24 , Motion to Dismiss Class Action Allegation Complaint 23 , Request for Judicial Notice Motion to Dismiss for Failure to State a Claim 24 25 . Filed by All Plaintiffs. (Myers, Richard) (Entered: 09/16/2015)
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Request |
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| 25 |
Filed: 9/2/2015, Entered: 9/2/2015 |
Request For Judicial Notice |
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Request for Judicial Notice Motion to Dismiss for Failure to State a Claim[24]. Filed by American Specialty Health Group, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2) (Mann, Elizabeth)
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Request |
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| 24 |
Filed: 9/2/2015, Entered: 9/2/2015 |
Motion to Dismiss for Failure to State a Claim |
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Motion to Dismiss for Failure to State a Claim , Lack of Subject Matter Jurisdiction, and Failure to Join A Necessary Party. Oral Argument requested. Filed by American Specialty Health Group, Inc.. (Mann, Elizabeth)
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Request |
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| 23 |
Filed: 9/2/2015, Entered: 9/2/2015 |
Motion to Dismiss |
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Motion to Dismiss Class Action Allegation Complaint. Filed by Health Net Health Plan of Oregon, Inc.. (Daniels, Brad)
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| 22 |
Filed: 8/24/2015, Entered: 8/24/2015 |
Notification of New CM/ECF Account |
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Notification of CM/ECF Account for Attorney Brian D. Netter (appearing Pro Hac Vice). Your login is: bdnetter. Go to the CM/ECF login page to set your password. (ecp)
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Request |
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| 21 |
Filed: 8/24/2015, Entered: 8/24/2015 |
Order on Application for special admission pro hac vice |
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ORDER: Granting Application for Special Admission Pro Hac Vice of Brian D. Netter for American Specialty Health Group, Inc.. Application Fee in amount of $100 collected. Receipt No. 0979-425262 issued. Signed on 8/24/2015 by Judge Anna J. Brown. (ecp)
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Request |
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| 20 |
Filed: 8/24/2015, Entered: 8/24/2015 |
Motion to Appear Pro Hac Vice |
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Motion for Leave to Appear Pro Hac Vice for Attorney Brian D. Netter . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-4252629. Filed by American Specialty Health Group, Inc.. (Wilson, Harry)
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Request |
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| 19 |
Filed: 8/6/2015, Entered: 8/6/2015 |
Notification of New CM/ECF Account |
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Notification of CM/ECF Account for Attorney Elizabeth D. Mann (appearing Pro Hac Vice). Your login is: edmann. Go to the CM/ECF login page to set your password. (ecp) Modified on 9/1/2015 to correct user name (dsg).
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Request |
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| 18 |
Filed: 8/6/2015, Entered: 8/6/2015 |
Order on Application for special admission pro hac vice |
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ORDER: Granting Application for Special Admission Pro Hac Vice of Elizabeth D. Mann for American Specialty Health Group, Inc.. Application Fee in amount of $100 collected. Receipt No. 0979-4229738 issued. Signed on 8/6/2015 by Judge Anna J. Brown. (ecp)
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Request |
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| 17 |
Filed: 8/6/2015, Entered: 8/6/2015 |
Notification of New CM/ECF Account |
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Notification of CM/ECF Account for Attorney Andrew Z. Edelstein (appearing Pro Hac Vice). Your login is: azedelstein. Go to the CM/ECF login page to set your password. (ecp)
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Request |
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| 16 |
Filed: 8/6/2015, Entered: 8/6/2015 |
Order on Application for special admission pro hac vice |
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ORDER: Granting Application for Special Admission Pro Hac Vice of Andrew Z. Edelstein for American Specialty Health Group, Inc.. Application Fee in amount of $100 collected. Receipt No. 0979-4229713 issued. Signed on 8/6/2015 by Judge Anna J. Brown. (ecp)
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Request |
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| 15 |
Filed: 8/5/2015, Entered: 8/5/2015 |
Motion to Appear Pro Hac Vice |
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Motion for Leave to Appear Pro Hac Vice for Attorney Elizabeth D. Mann . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-4229738. Filed by American Specialty Health Group, Inc.. (Wilson, Harry)
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Request |
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| 14 |
Filed: 8/5/2015, Entered: 8/5/2015 |
Motion to Appear Pro Hac Vice |
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Motion for Leave to Appear Pro Hac Vice for Attorney Andrew Z. Edelstein . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-4229713. Filed by American Specialty Health Group, Inc.. (Wilson, Harry)
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Request |
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| 13 |
Filed: 7/30/2015, Entered: 7/30/2015 |
Order on motion for extension of time to answer a Complaint/Petition |
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ORDER by Judge Anna J. Brown. Granting Defendant's Motion for Extension of Time to Answer [12]. Answer or responsive pleading is now due 9/3/2015. (bb)
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Request |
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| 12 |
Filed: 7/29/2015, Entered: 7/29/2015 |
Motion for Extension of Time to Answer a Complaint/Petition |
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Joint Motion for Extension of Time to Answer Complaint, [1]. Filed by American Specialty Health Group, Inc.. (Wilson, Harry)
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Request |
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| 11 |
Filed: 7/29/2015, Entered: 7/29/2015 |
Attorney Appearance |
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Notice of Appearance of Harry B. Wilson appearing on behalf of American Specialty Health Group, Inc. Filed by on behalf of American Specialty Health Group, Inc. (Wilson, Harry)
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Request |
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| 10 |
Filed: 7/28/2015, Entered: 7/28/2015 |
Affidavit of Service |
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Affidavit of Service upon American Specialty Health Group, Inc. served on 7/14/2015 Filed by All Plaintiffs. (Doyle, Thomas)
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Request |
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| 9 |
Filed: 7/28/2015, Entered: 7/28/2015 |
Affidavit of Service |
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Affidavit of Service upon Health Net Health Plan of Oregon, Inc. served on 7/14/2015 Filed by All Plaintiffs. (Doyle, Thomas)
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Request |
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| 8 |
Filed: 7/22/2015, Entered: 7/22/2015 |
Notification of New CM/ECF Account |
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Notification of CM/ECF Account for Attorney Stevan D. Phillips (appearing Pro Hac Vice). Your login is: sdphillips. Go to the CM/ECF login page to set your password. (sss)
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Request |
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| 7 |
Filed: 7/22/2015, Entered: 7/22/2015 |
Order on Application for special admission pro hac vice |
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ORDER: Granting Application for Special Admission Pro Hac Vice of Stevan D. Phillips for Health Net Health Plan of Oregon, Inc.. Application Fee in amount of $100 collected. Receipt No. 0979-4206900 issued. Signed on 7/22/2015 by Judge Anna J. Brown. (sss)
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Request |
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| 6 |
Filed: 7/21/2015, Entered: 7/21/2015 |
Motion to Appear Pro Hac Vice |
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Motion for Leave to Appear Pro Hac Vice for Attorney Stevan D. Phillips . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-4206900. Filed by Health Net Health Plan of Oregon, Inc.. (Morgan, Reed)
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Request |
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| 5 |
Filed: 7/20/2015, Entered: 7/20/2015 |
Attorney Appearance |
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Notice of Appearance of Brad S. Daniels appearing on behalf of Health Net Health Plan of Oregon, Inc. Filed by on behalf of Health Net Health Plan of Oregon, Inc. (Daniels, Brad)
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Request |
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| 4 |
Filed: 7/20/2015, Entered: 7/20/2015 |
Attorney Appearance |
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Notice of Appearance of Reed W. Morgan appearing on behalf of Health Net Health Plan of Oregon, Inc. and Stevan D. Phillips (Pro Hac Vice pending) on behalf of Health Net Health Plan of Oregon, Inc. Filed by on behalf of Health Net Health Plan of Oregon, Inc. (Morgan, Reed)
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Request |
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| 3 |
Filed: 7/13/2015, Entered: 7/13/2015 |
Summons Issued |
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Summons Issued Electronically as to American Specialty Health Group, Inc., Health Net Health Plan of Oregon, Inc.. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (Attachments: # (1) Issued Summons) (ecp)
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Request |
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| 2 |
Filed: 7/13/2015, Entered: 7/13/2015 |
Discovery Order |
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Notice of Case Assignment to Judge Anna J. Brown and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 11/10/2015. Joint Alternate Dispute Resolution Report is due by 12/10/2015. Pretrial Order is due by 12/10/2015. Ordered by Judge Anna J. Brown. (ecp)
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| 1 |
Filed: 7/7/2015, Entered: 7/7/2015 |
Complaint |
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Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-4186781 Jury Trial Requested: Yes. Filed by Eileen Fox-Quamme against All Defendants (Attachments: # (1) Proposed Summons, # (2) Proposed Summons, # (3) Civil Cover Sheet). (Doyle, Thomas)
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