Bay Area Surgical Management, LLC v. Principal Life Insurance Company

Federal Civil Lawsuit California Northern District Court, Case No. 5:12-cv-01140-EJD
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Parties
No Logo Bay Area Surgical Management, LLC, Plaintiff

Represented by Smith Collins, LLC

Name Phone Fax E-Mail
Space Heather Elizabeth Gibson +1 408 399 4566 +1 408 399 6683 heathergibson1@gmail.com
Space Nicolas Matthew Lezotte +1 408 359 1035 +1 408 359 1102 nicklezotte@gmail.com
v.
No Logo Principal Life Insurance Company, Defendant

Represented by Wilson Elser Moskowitz Edelman & Dicker LLP

Name Phone Fax E-Mail
Space Edna Sybil Bailey +1 312 704 0550 +1 312 704 1522 edna.bailey@wilsonelser.com
Space Donald Patrick Sullivan +1 415 625 9249 +1 415 434 1370 Donald.Sullivan@wilsonelser.com
Attributes
Citation Section 28 U.S.C. § 1441
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Timeline
  Entries (52) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 48 Filed: 2/15/2013, Entered: None
Order Granting 47 Stipulation of Dismissal. The Clerk shall close this file. Signed by Hon. Edward J. Davila on 2/15/2013.(ecg, COURT STAFF) (Filed on 2/15/2013) (Entered: 02/15/2013)
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Legal Document (Payment Possibly Required) 47 Filed: 2/13/2013, Entered: None
STIPULATION WITH PROPOSED ORDER For Dismissal of Entire Action filed by Bay Area Surgical Management, LLC. (Gibson, Heather) (Filed on 2/13/2013) (Entered: 02/13/2013)
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Legal Document (Payment Possibly Required) 46 Filed: 11/26/2012, Entered: None
ADR Clerk's Notice Appointing Laurence W. Paradis as Mediator. (cmf, COURT STAFF) (Filed on 11/26/2012) (Entered: 11/26/2012)
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Legal Document (Payment Possibly Required) 45 Filed: 11/15/2012, Entered: None Court Filing
ORDER REFERRING CASE to Mediation. Signed by Judge Edward J. Davila on 11/15/2012. (ecg, COURT STAFF) (Filed on 11/15/2012) (Entered: 11/15/2012)
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Legal Document (Payment Possibly Required) 44 Filed: 10/16/2012, Entered: None
Amended ANSWER to Amended Complaint and Affirmative Defenses byPrincipal Life Insurance Company. (Bailey, Edna) (Filed on 10/16/2012) (Entered: 10/16/2012)
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Legal Document (Payment Possibly Required) 43 Filed: 10/5/2012, Entered: None
ANSWER to Amended Complaint and Affirmative Defenses byPrincipal Life Insurance Company. (Bailey, Edna) (Filed on 10/5/2012) (Entered: 10/05/2012)
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Blank 42 Filed: 9/29/2012, Entered: None Court Filing
ORDER Granting 41 Stipulation for Extension of Time to file Responsive Pleading filed by Principal Life Insurance Company. Stipulation to extend time to file responsive pleading to and including October 5, 2012. Signed by Judge Edward J. Davila on 9/28/2012. (ecg, COURT STAFF) (Filed on 9/28/2012)
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Blank 42 Filed: 9/28/2012, Entered: None Court Filing
ORDER Granting 41 Stipulation for Extension of Time to file Responsive Pleading filed by Principal Life Insurance Company. Stipulation to extend time to file responsive pleading to and including October 5, 2012. Signed by Judge Edward J. Davila on 9/28/2012. (ecg, COURT STAFF) (Filed on 9/28/2012) (Entered: 09/28/2012)
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Legal Document (Payment Possibly Required) 41 Filed: 9/27/2012, Entered: None
STIPULATION re 40 Amended Complaint Stipulation to extend time to file responsive pleading to and including October 5, 2012 filed by Principal Life Insurance Company. (Bailey, Edna) (Filed on 9/27/2012) (Entered: 09/27/2012)
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Legal Document (Payment Possibly Required) 40 Filed: 9/14/2012, Entered: None
AMENDED COMPLAINT against Principal Life Insurance Company. Filed byBay Area Surgical Management, LLC. (Gibson, Heather) (Filed on 9/14/2012) (Entered: 09/14/2012)
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Blank 39 Filed: 9/15/2012, Entered: None Court Filing
ORDER granting 20 Motion to Dismiss. Bay Area may file any amended complaint no later than 30 days from the date of this order. Signed by Judge Edward J. Davila on 9/14/2012. (ejdlc1, COURT STAFF) (Filed on 9/14/2012)
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Blank 39 Filed: 9/14/2012, Entered: None Court Filing
ORDER granting 20 Motion to Dismiss. Bay Area may file any amended complaint no later than 30 days from the date of this order. Signed by Judge Edward J. Davila on 9/14/2012. (ejdlc1, COURT STAFF) (Filed on 9/14/2012) (Entered: 09/14/2012)
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Legal Document (Payment Possibly Required) 38 Filed: 9/5/2012, Entered: None
ADR Clerk Notice Setting ADR Phone Conference on 9/13/12 at 11:00 a.m. Pacific. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (sgd, COURT STAFF) (Filed on 9/5/2012) (Entered: 09/05/2012)
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Legal Document (Payment Possibly Required) 37 Filed: 9/4/2012, Entered: None
NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Gibson, Heather) (Filed on 9/4/2012) (Entered: 09/04/2012)
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Legal Document (Payment Possibly Required) 36 Filed: 8/24/2012, Entered: None Court Filing
CASE MANAGEMENT ORDER. Based on the parties Joint Case Management Statement and proposed schedule, the court previously determined an appearance was unnecessary at this time. Accordingly, the 7/13/2012 Case Management Conference was vacated and the parties are ordered to comply with the following schedule: No later than 10 days from the date of this order, the partiesshall file either a "Stipulation and (Proposed) Order Selecting ADR Process or a "Notice of Need for ADR Phone Conference." Fact Discovery cutoff 1/18/2013. Last Date for Filing Dispositive Motions due by 4/26/2013. Expert Discovery cutoff 3/29/2013. Preliminary Pretrial Conference set for 6/28/2013 11:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Please see Order for further specifics. Signed by Judge Edward J. Davila on 8/24/2012. (ecg, COURT STAFF) (Filed on 8/24/2012) (Entered: 08/24/2012)
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Blank 35 Filed: 8/25/2012, Entered: None
Order by Hon. Edward J. Davila denying 15 Motion to Remand. (ejdlc2, COURT STAFF) (Filed on 8/24/2012)
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Blank 35 Filed: 8/24/2012, Entered: None
Order by Hon. Edward J. Davila denying 15 Motion to Remand. (ejdlc2, COURT STAFF) (Filed on 8/24/2012) (Entered: 08/24/2012)
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Legal Document (Payment Possibly Required) 34 Filed: 8/7/2012, Entered: None
Request for Judicial Notice re 15 MOTION to Remand filed byBay Area Surgical Management, LLC. (Attachments: # 1 Exhibit)(Related document(s) 15 ) (Gibson, Heather) (Filed on 8/7/2012) (Entered: 08/07/2012)
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Legal Document (Payment Possibly Required) 33 Filed: 7/18/2012, Entered: None
Request for Judicial Notice re 20 MOTION to Dismiss Plaintiff's First Amended Complaint Purusuant to Fed.R. 12(b)(6), 15 MOTION to Remand filed byBay Area Surgical Management, LLC. (Attachments: # 1 Exhibit A)(Related document(s) 20 , 15 ) (Gibson, Heather) (Filed on 7/18/2012) (Entered: 07/18/2012)
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Legal Document (Payment Possibly Required) 32 Filed: 7/12/2012, Entered: None
Order Granting 28 Motion for Pro Hac Vice of Attorney Edna S. Bailey. Signed by Hon. Edward J. Davila on 7/12/2012.(ecg, COURT STAFF) (Filed on 7/12/2012) (Entered: 07/12/2012)
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Legal Document (Payment Possibly Required) 31 Filed: 7/10/2012, Entered: None Court Filing
CLERKS NOTICE NOTICE TAKING MOTIONS UNDER SUBMISSION WITHOUT ORAL ARGUMENT; VACATING CASE MANAGEMENT CONFERENCE. The Motions to Dismiss and Motion to Remand (Docket Item Nos. 4 , 15 , 20 ) before Judge Edward J. Davila previously noticed for 7/13/2012 at 9:00 AM have been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 7/13/2012 hearing is VACATED. The Court to issue further Order on the submitted motion. The Case Management Conference set for 7/13/2012 is also VACATED. The Court will set further dates, if necessary, in its Order on the submitted motions. This is a text only docket entry, there is no document associated with this notice. (ecg, COURT STAFF) (Filed on 7/10/2012) (Entered: 07/10/2012)
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Legal Document (Payment Possibly Required) 30 Filed: 7/10/2012, Entered: None
Order Denying 26 Stipulation to Continue the Hearings on Plaintiff's Motion to remand And Defendant's Motion to Dismiss. Signed by Hon. Edward J. Davila on 7/10/2012.(ecg, COURT STAFF) (Filed on 7/10/2012) (Entered: 07/10/2012)
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Legal Document (Payment Possibly Required) 29 Filed: 7/9/2012, Entered: None
MOTION to Appear by Telephone at the July 13, 2012 hearings in the case filed by Principal Life Insurance Company. (Sullivan, Donald) (Filed on 7/9/2012) (Entered: 07/09/2012)
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Legal Document (Payment Possibly Required) 28 Filed: 7/9/2012, Entered: None
MOTION for leave to appear in Pro Hac Vice by Edna S. Bailey ( Filing fee $ 305, receipt number 0971-6953614.) filed by Principal Life Insurance Company. (Attachments: # 1 Proposed Order)(Sullivan, Donald) (Filed on 7/9/2012) (Entered: 07/09/2012)
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Legal Document (Payment Possibly Required) 27 Filed: 7/6/2012, Entered: None
JOINT CASE MANAGEMENT STATEMENT filed by Bay Area Surgical Management, LLC. (Gibson, Heather) (Filed on 7/6/2012) (Entered: 07/06/2012)
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Legal Document (Payment Possibly Required) 26 Filed: 7/5/2012, Entered: None
STIPULATION WITH PROPOSED ORDER re 20 MOTION to Dismiss Plaintiff's First Amended Complaint Purusuant to Fed.R. 12(b)(6), 15 MOTION to Remand filed by Bay Area Surgical Management, LLC, Principal Life Insurance Company. (Sullivan, Donald) (Filed on 7/5/2012) (Entered: 07/05/2012)
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Legal Document (Payment Possibly Required) 25 Filed: 6/27/2012, Entered: None
Certificate of Interested Entities by Bay Area Surgical Management, LLC (Gibson, Heather) (Filed on 6/27/2012) (Entered: 06/27/2012)
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Legal Document (Payment Possibly Required) 24 Filed: 6/6/2012, Entered: None
REPLY (re 20 MOTION to Dismiss Plaintiff's First Amended Complaint Purusuant to Fed.R. 12(b)(6) ) filed byPrincipal Life Insurance Company. (Sullivan, Donald) (Filed on 6/6/2012) (Entered: 06/06/2012)
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Legal Document (Payment Possibly Required) 23 Filed: 6/1/2012, Entered: None
Request for Judicial Notice filed byBay Area Surgical Management, LLC. (Attachments: # 1 Exhibit)(Gibson, Heather) (Filed on 6/1/2012) (Entered: 06/01/2012)
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Legal Document (Payment Possibly Required) 22 Filed: 5/21/2012, Entered: None
Opposition to Defendant's 20 Motion to Dismiss First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(B)(6); filed by Bay Area Surgical Management, LLC. (Gibson, Heather) (Filed on 5/21/2012) Modified TEXT on 5/23/2012 (cv, COURT STAFF). (Entered: 05/21/2012)
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Legal Document (Payment Possibly Required) 21 Filed: 5/7/2012, Entered: None
Declaration of Donald P. Sullivan in Support of 20 MOTION to Dismiss Plaintiff's First Amended Complaint Purusuant to Fed.R. 12(b)(6) filed byPrincipal Life Insurance Company. (Attachments: # 1 Exhibit A)(Related document(s) 20 ) (Sullivan, Donald) (Filed on 5/7/2012) (Entered: 05/07/2012)
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Legal Document (Payment Possibly Required) 20 Filed: 5/7/2012, Entered: None
MOTION to Dismiss Plaintiff's First Amended Complaint Purusuant to Fed.R. 12(b)(6) filed by Principal Life Insurance Company. Motion Hearing set for 7/13/2012 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 5/21/2012. Replies due by 5/29/2012. (Sullivan, Donald) (Filed on 5/7/2012) (Entered: 05/07/2012)
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Legal Document (Payment Possibly Required) 19 Filed: 4/25/2012, Entered: None
REPLY (re 15 MOTION to Remand ) filed byBay Area Surgical Management, LLC. (Gibson, Heather) (Filed on 4/25/2012) (Entered: 04/25/2012)
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Blank 18 Filed: 4/23/2012, Entered: None Court Filing
ORDER GRANTING 17 Stipulation Extend Time to Answer or Otherwise Respond to Plaintiff's Complaint filed by Principal Life Insurance Company, Bay Area Surgical Management, LLC. Response/Answer due 5/7/2012. Signed by Judge Edward J. Davila on 4/23/2012. (ecg, COURT STAFF) (Filed on 4/23/2012) (Entered: 04/23/2012)
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Legal Document (Payment Possibly Required) 17 Filed: 4/20/2012, Entered: None
STIPULATION to Extend Time to Answer or Otherwise Respond to Plaintiff's Complaint filed by Bay Area Surgical Management, LLC, Principal Life Insurance Company. (Sullivan, Donald) (Filed on 4/20/2012) (Entered: 04/20/2012)
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Legal Document (Payment Possibly Required) 16 Filed: 4/18/2012, Entered: None
RESPONSE (re 15 MOTION to Remand ) filed byPrincipal Life Insurance Company. (Sullivan, Donald) (Filed on 4/18/2012) (Entered: 04/18/2012)
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Legal Document (Payment Possibly Required) 15 Filed: 4/4/2012, Entered: None
MOTION to Remand filed by Bay Area Surgical Management, LLC. Motion Hearing set for 7/13/2012 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 4/18/2012. Replies due by 4/25/2012. (Attachments: # 1 Motion to Remand, # 2 Declaration, # 3 Certificate/Proof of Service)(Gibson, Heather) (Filed on 4/4/2012) (Entered: 04/04/2012)
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Legal Document (Payment Possibly Required) 14 Filed: 4/2/2012, Entered: None
AMENDED COMPLAINT Plaintiff BASM's First Amended Complaint against Principal Life Insurance Company. Filed by Bay Area Surgical Management, LLC. (Gibson, Heather) (Filed on 4/2/2012) Modified on 4/2/2012 (fff, COURT STAFF). (Entered: 04/02/2012)
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Legal Document (Payment Possibly Required) 13 Filed: 3/30/2012, Entered: None
REPLY (re 4 MOTION to Dismiss Pursuant to Fed.R.12(b)(6) ) filed byPrincipal Life Insurance Company. (Sullivan, Donald) (Filed on 3/30/2012) (Entered: 03/30/2012)
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Legal Document (Payment Possibly Required) 12 Filed: 3/29/2012, Entered: None
CERTIFICATE OF SERVICE by Bay Area Surgical Management, LLC (Gibson, Heather) (Filed on 3/29/2012) (Entered: 03/29/2012)
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Legal Document (Payment Possibly Required) 11 Filed: 3/28/2012, Entered: None
*** FILED IN ERROR. PLEASE SEE DOCKET # 14 . *** RESPONSE (re 4 MOTION to Dismiss Pursuant to Fed.R.12(b)(6) ) Bay Area Surgical's First Amended Complaint filed byBay Area Surgical Management, LLC. (Gibson, Heather) (Filed on 3/28/2012) Modified on 4/5/2012 (ewn, COURT STAFF). (Entered: 03/28/2012)
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Legal Document (Payment Possibly Required) 10 Filed: 3/23/2012, Entered: None
RESPONSE (re 4 MOTION to Dismiss Pursuant to Fed.R.12(b)(6) ) filed byBay Area Surgical Management, LLC. (Attachments: # 1 Declaration)(Gibson, Heather) (Filed on 3/23/2012) (Entered: 03/23/2012)
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Legal Document (Payment Possibly Required) 9 Filed: 3/22/2012, Entered: None
CLERKS NOTICE RESETTING MOTION FOR HEARING AND CASE MANAGEMENT CONFERENCE. In light of the recent case reassignment the Court resets the case management conference. Joint Case Management Statement due by 7/6/2012. Case Management Conference set for 7/13/2012 10:00 AM in Courtroom 4, 5th Floor, San Jose. The Court sua sponte resets the pending Motion to Dismiss. The briefing schedule remains the same, unless modified by approval of the Court. Set/Reset Deadlines as to 4 MOTION to Dismiss Pursuant to Fed.R.12(b)(6): Motion Hearing set for 7/13/2012 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. This is a text only docket entry, there is no document associated with this notice. (ecg, COURT STAFF) (Filed on 3/22/2012) (Entered: 03/22/2012)
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Legal Document (Payment Possibly Required) 8 Filed: 3/21/2012, Entered: None Court Filing
ORDER REASSIGNING CASE. Case reassigned to Judge Edward J. Davila for all further proceedings and Magistrate Judge Howard R. Lloyd for all discovery matters. Signed by The Executive Committee on 3/21/2012. (tsh, COURT STAFF) (Filed on 3/21/2012) (Entered: 03/21/2012)
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Legal Document (Payment Possibly Required) 7 Filed: 3/20/2012, Entered: None Court Filing
CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (pmc, COURT STAFF) (Filed on 3/20/2012) (Entered: 03/20/2012)
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Legal Document (Payment Possibly Required) 6 Filed: 3/20/2012, Entered: None Court Filing
Declination to Proceed Before a U.S. Magistrate Judge and Request for Reassignment to a United States District Judge by Principal Life Insurance Company ((Sullivan, Donald) (Filed on 3/20/2012) Text modified on 3/20/2012 (bw, COURT STAFF). (Entered: 03/20/2012)
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Legal Document (Payment Possibly Required) 5 Filed: 3/14/2012, Entered: None Court Filing
CLERKS NOTICE re Deadline for Consent or Declination to Proceed Before a United States Magistrate Judge. Each party's consent or declination due by 3/21/2012. (hrllc2, COURT STAFF) (Filed on 3/14/2012) (Entered: 03/14/2012)
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Legal Document (Payment Possibly Required) 4 Filed: 3/14/2012, Entered: None Court Filing
Notice of Motion and Motion to Dismiss Pursuant to Fed.R.12(b)(6); Memorandum of Points and Authorities in Support of Same filed by Principal Life Insurance Company. Motion Hearing set for 5/1/2012 10:00 AM in Courtroom 2, 5th Floor, San Jose before Magistrate Judge Howard R. Lloyd. Responses due by 3/28/2012. Replies due by 4/4/2012. (Attachments: # 1 Exhibit-A, # 2 Exhibit-B) (Sullivan, Donald) (Filed on 3/14/2012) Modified on 3/15/2012 (bw, COURT STAFF). (Entered: 03/14/2012)
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Legal Document (Payment Possibly Required) 3 Filed: 3/7/2012, Entered: None
ADR SCHEDULING ORDER: Case Management Statement due by 5/29/2012. Case Management Conference set for 6/5/2012 01:30 PM in Courtroom 2, 5th Floor, San Jose. (bw, COURT STAFF) (Filed on 3/7/2012) (Entered: 03/08/2012)
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Legal Document (Payment Possibly Required) 2 Filed: 3/7/2012, Entered: None
NOTICE of Parties with Financial Interest (FRCP 7.1) by Principal Life Insurance Company (bw, COURT STAFF) (Filed on 3/7/2012) (Entered: 03/08/2012)
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Legal Document (Payment Possibly Required) 1 Filed: 3/7/2012, Entered: None
NOTICE OF REMOVAL (NO PROCESS);JURY DEMAND from Superior Court of California, Santa Clara County. Their case number is 112CV218085. (Filing fee $350 receipt number 54611011464). Filed by Principal Life Insurance Company. (bw, COURT STAFF) (Filed on 3/7/2012) (OVERSIZED DOCUMENT) (bw, COURT STAFF). (Additional attachment(s) added on 3/16/2012 ( See Exhibit A for Complaint( : # 1 Notice of Removal (Part 2)) (bw, COURT STAFF). Modified on 3/16/2012 (bw, COURT STAFF). (Additional attachment(s) added on 3/16/2012: # 2 Civil Cover Sheet) (bw, COURT STAFF). Modified on 3/21/2012,(other court association missing.) (cv, COURT STAFF). (Entered: 03/08/2012)
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Blank 18 Filed: 4/24/2012, Entered: None Court Filing
ORDER GRANTING 17 Stipulation Extend Time to Answer or Otherwise Respond to Plaintiff's Complaint filed by Principal Life Insurance Company, Bay Area Surgical Management, LLC. Response/Answer due 5/7/2012. Signed by Judge Edward J. Davila on 4/23/2012. (ecg, COURT STAFF) (Filed on 4/23/2012)
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