Sharp Healthcare et al v. Johnson

Federal Civil Lawsuit California Southern District Court, Case No. 3:08-cv-00170-W-POR
District Judge Thomas J. Whelan, presiding
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District Judge Thomas J. Whelan
Last Updated August 1, 2017 at 9:58 AM EDT (8.4 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo American Association Of Bioanalysts, Plaintiff

Represented by Hooper Lundy & Bookman PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jordan B. Keville +1 310 551 8103 +1 310 551 8181 jkeville@health-law.com
No Logo American Clinical Laboratory Association, Plaintiff

Represented by Hooper Lundy & Bookman PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jordan B. Keville +1 310 551 8103 +1 310 551 8181 jkeville@health-law.com
No Logo Internist Laboratory and Scripps Health, Plaintiff

Represented by Hooper Lundy & Bookman PC

Name Phone Fax E-Mail
Space Patric Hooper +1 310 551 8111 +1 310 551 8181 phooper@health-law.com
Space Jordan B. Keville +1 310 551 8103 +1 310 551 8181 jkeville@health-law.com
No Logo Sharp Healthcare, Plaintiff

Represented by Hooper Lundy & Bookman PC

Name Phone Fax E-Mail
Space Patric Hooper +1 310 551 8111 +1 310 551 8181 phooper@health-law.com
Space Jordan B. Keville +1 310 551 8103 +1 310 551 8181 jkeville@health-law.com
v.
No Logo CHARLES JOHNSON, Defendant

Represented by Office Of The United States Attorney, Eastern District Of Virginia

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Christopher B Latham +1 619 557 7147 +1 619 557 7122 Christopher.Latham@usdoj.gov

Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Sheila Lieber +1 202 514 3259 +1 202 616 8470 sheila.lieber@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kathryn L. Wyer +1 202 616 8475 kathryn.wyer@usdoj.gov
No Logo Kathleen Sebelius, Defendant

Represented by United States Department of Justice

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kathryn L. Wyer +1 202 616 8475 kathryn.wyer@usdoj.gov
No Logo Michael Leavitt, Defendant

Represented by United States Attorney's Office For The Southern District Of California

Name Phone Fax E-Mail
Secretary of the Department of Health and Human Services
TERMINATED: 04/27/2009 U. S. Attorney - Criminal +1 314 539 2200 +1 314 539 7695 usamoe.crimdock@usdoj.gov

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Christopher B Latham +1 619 557 7147 +1 619 557 7122 Christopher.Latham@usdoj.gov
Space Sheila Lieber +1 202 514 3259 +1 202 616 8470 sheila.lieber@usdoj.gov
Space Kathryn L. Wyer +1 202 616 8475 kathryn.wyer@usdoj.gov
Attributes
Office San Diego
Filed 1/29/2008
Jury Demand None
Demand
Nature of Suit 890 - Other Statutes: Other Statutory Actions
Cause Section 05 U.S.C. § 551 Administrative Procedure Act
Jurisdiction U.S. Government Defendant
Disposition
County San Diego
Terminated
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Timeline
  Entries (55) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 55 Filed: 8/3/2010, Entered: None Unknown Document TypeCourt Filing
ORDER Granting (Doc. 54 ) Joint Motion to Dismiss With Prejudice. Signed by Judge Thomas J. Whelan on 8/3/2010. (All non-registered users served via U.S. Mail Service)(cap)(mam). (Entered: 08/03/2010)
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Blank 54 Filed: 7/28/2010, Entered: None Unknown Document Type
Joint MOTION to Dismiss With Prejudice by Sharp Healthcare. (Keville, Jordan) (cap). (Entered: 07/28/2010)
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Legal Document (Payment Possibly Required) 53 Filed: 7/22/2010, Entered: None Unknown Document TypeCourt Filing
ORDER Granting (Doc. 52 ) Joint Motion to Vacate Court's Interlocutory Orders (Docs. 13 , 23 , 25 , 35 , and 49 ). Signed by Judge Thomas J. Whelan on 7/22/2010. (All non-registered users served via U.S. Mail Service)(cap) (jrl). (Entered: 07/22/2010)
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Legal Document (Payment Possibly Required) 52 Filed: 7/21/2010, Entered: None Unknown Document Type
Joint MOTION to Vacate 25 Order on Motion for Preliminary Injunction, 35 Order on Motion for Leave to File, Order on Motion to Dismiss, Order on Motion to Vacate 49 Order on Motion to Dismiss, Order on Motion for Leave to File Excess Pages 13 Order to Show Cause, 23 Order by Kathleen Sebelius. (Wyer, Kathryn) (srm). (Entered: 07/21/2010)
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Legal Document (Payment Possibly Required) 51 Filed: 4/1/2010, Entered: None Unknown Document TypeCourt Filing
ORDER Granting 50 Joint Motion to Stay: This lawsuit is stayed until the Court receives a request by any party to lift the stay or 7/21/2010, whichever comes first. Signed by Judge Thomas J. Whelan on 4/1/10. (All non-registered users served via U.S. Mail Service)(mkz) (jrl). (Entered: 04/01/2010)
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Legal Document (Payment Possibly Required) 50 Filed: 4/1/2010, Entered: None Unknown Document Type
Joint MOTION to Stay re 36 Amended Complaint by Kathleen Sebelius. (Wyer, Kathryn) (pdc). (Entered: 04/01/2010)
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Blank 49 Filed: 3/18/2010, Entered: None Unknown Document TypeCourt Filing
DOCUMENT VACATED PURSUANT TO 53 ORDER - ORDER Granting (Doc. 42 ) Plaintiffs' Ex Parte Motion for Leave to File Excess Pages; (2) Granting (Doc. 47 ) Defendant's Ex-Parte Motion for Leave to File Excess Pages; (3) Granting in Part and Denying in Part (Doc. 41 ) Defendant's Motion to Dismiss. Signed by Judge Thomas J. Whelan on 3/18/2010. (All non-registered users served via U.S. Mail Service)(cap) (jrl). Modified on 7/22/2010 to indicate order vacated (cap). (Entered: 03/18/2010)
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Legal Document (Payment Possibly Required) 48 Filed: 8/10/2009, Entered: None Unknown Document Type
REPLY to Response to Motion re 41 MOTION to Dismiss filed by Kathleen Sebelius. (Wyer, Kathryn) (cap). (Entered: 08/10/2009)
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Legal Document (Payment Possibly Required) 47 Filed: 8/10/2009, Entered: None Unknown Document Type
Ex Parte MOTION for Leave to File Excess Pages by Kathleen Sebelius. (Wyer, Kathryn) (cap). (Entered: 08/10/2009)
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Legal Document (Payment Possibly Required) 46 Filed: 7/23/2009, Entered: None Unknown Document TypeCourt Filing
ORDER Granting 45 Motion for Extension of Time to File Response/Reply re 41 MOTION to Dismiss. Defendant's Reply, should she choose to file one, is due on or before 8/10/2009. Signed by Judge Thomas J. Whelan on 7/23/09. (cap) (jrl). (Entered: 07/23/2009)
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Legal Document (Payment Possibly Required) 45 Filed: 7/22/2009, Entered: None Unknown Document Type
Joint MOTION for Extension of Time to File Response/Reply as to 41 MOTION to Dismiss by Kathleen Sebelius. (Wyer, Kathryn) (cap). (Entered: 07/22/2009)
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Legal Document (Payment Possibly Required) 44 Filed: 7/20/2009, Entered: None Unknown Document Type
CERTIFICATE OF SERVICE by Sharp Healthcare re 43 Response in Opposition to Motion, 42 Ex Parte MOTION for Leave to File Excess Pages (Keville, Jordan) (cap). (Entered: 07/20/2009)
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Legal Document (Payment Possibly Required) 43 Filed: 7/20/2009, Entered: None Unknown Document Type
RESPONSE in Opposition re 41 MOTION to Dismiss filed by Kathleen Sebelius. (Keville, Jordan) Modified on 7/21/2009 - docket link and text changed to indicate correct motion (cap). (Entered: 07/20/2009)
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Legal Document (Payment Possibly Required) 42 Filed: 7/20/2009, Entered: None Unknown Document Type
Ex Parte MOTION for Leave to File Excess Pages by Sharp Healthcare. (Keville, Jordan) (cap). (Entered: 07/20/2009)
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Legal Document (Payment Possibly Required) 41 Filed: 6/19/2009, Entered: None Unknown Document Type
MOTION to Dismiss by Kathleen Sebelius. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit 1 - Bidders Package)(Wyer, Kathryn) (cap). (Entered: 06/19/2009)
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Legal Document (Payment Possibly Required) 40 Filed: 5/4/2009, Entered: None Unknown Document TypeCourt Filing
ORDER Granting 39 Motion for Extension of Time to File Responsive Pleading. Defendant Kathleen Sebelius shall have until, and including 6/19/2009 to respond. Signed by Judge Thomas J. Whelan on 5/4/09. (All non-registered users served via U.S. Mail Service).(cap) (kaj). (Entered: 05/07/2009)
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Legal Document (Payment Possibly Required) 39 Filed: 5/4/2009, Entered: None Unknown Document Type
Joint MOTION for Extension of Time to File Answer re 36 Amended Complaint or Other Response by Kathleen Sebelius. (Wyer, Kathryn) (cap). (Entered: 05/04/2009)
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Legal Document (Payment Possibly Required) 38 Filed: 4/28/2009, Entered: None Unknown Document Type
CERTIFICATE OF SERVICE by Sharp Healthcare re 37 Notice of Party With Financial Interest, 36 Amended Complaint (Keville, Jordan) (cap). (Entered: 04/28/2009)
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Legal Document (Payment Possibly Required) 37 Filed: 4/27/2009, Entered: None Unknown Document Type
AMENDED NOTICE of Party With Financial Interest by Sharp Healthcare (Keville, Jordan) Modified on 4/28/2009 - atty contacted re filing certificate of service (cap). (Entered: 04/27/2009)
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Blank 36 Filed: 4/27/2009, Entered: None Unknown Document Type
AMENDED COMPLAINT against Charles Johnson, filed by Sharp Healthcare.(Keville, Jordan) (cap). (Entered: 04/27/2009)
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Legal Document (Payment Possibly Required) 35 Filed: 3/25/2009, Entered: None Unknown Document TypeCourt Filing
DOCUMENT VACATED PURSUANT TO 53 ORDER - ORDER Denying 33 Plaintiff's Motion for Leave to File Surreply; Granting 30 Defendant's motion to dismiss on mootness grounds With Leave to Amend; Denying 30 Defendant's motion for vacatur of the Court's prior orders and dissolution of the preliminary injunction. If the parties can not resolve this matter informally, and should Plaintiffs desire to amend the complaint, they must do so on or before 4/27/09. Signed by Judge Thomas J. Whelan on 3/25/09. (All non-registered users served via U.S. Mail Service).(cap) (av1). Modified on 7/22/2010 to indicate order vacated (cap). (Entered: 03/25/2009)
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Legal Document (Payment Possibly Required) 34 Filed: 9/19/2008, Entered: None Unknown Document Type
RESPONSE in Opposition re 33 Ex Parte MOTION for Leave to File Surreply filed by Michael Leavitt. (Wyer, Kathryn) (cap). (Entered: 09/19/2008)
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Legal Document (Payment Possibly Required) 33 Filed: 9/19/2008, Entered: None Unknown Document Type
Ex Parte MOTION for Leave to File Surreply by Sharp Healthcare, Internist Laboratory and Scripps Health. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Jordan B. Keville)(Keville, Jordan) Modified on 9/23/2008, notified atty of s/; document does not contain a certificate of service (cap). (Entered: 09/19/2008)
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Reply to Response to Motion with OCR 32 Filed: 9/15/2008, Entered: 9/15/2008 Reply to Response to Motion
REPLY to Response to Motion re [30] MOTION to Dismiss [1] Complaint MOTION to Vacate [25] Order on Motion for Preliminary Injunction, [23] Order, [1] Complaint filed by Michael Leavitt. (Attachments: # (1) Exhibit A)(Wyer, Kathryn)
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Response in Opposition to Motion with OCR 31 Filed: 9/5/2008, Entered: 9/5/2008 Response in Opposition to Motion
RESPONSE in Opposition re [30] MOTION to Dismiss [1] Complaint MOTION to Vacate [25] Order on Motion for Preliminary Injunction, [23] Order, [1] Complaint and Declaration of Jordan B. Keville in Support Thereof filed by Sharp Healthcare, Internist Laboratory and Scripps Health. (Keville, Jordan) (cap).
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Motion to Dismiss with OCR 30 Filed: 8/8/2008, Entered: 8/8/2008 Motion to Dismiss
MOTION to Dismiss [1] Complaint, MOTION to Vacate [25] Order on Motion for Preliminary Injunction, [23] Order, [1] Complaint by Michael Leavitt. (Attachments: # (1) Memo of Points and Authorities)(Wyer, Kathryn)
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Order on Motion for Extension of Time to Answer with OCR 29 Filed: 6/3/2008, Entered: 6/3/2008 Order on Motion for Extension of Time to AnswerCourt Filing
ORDER granting [28] Motion to Continue Deadline for Filing Responsive Pleading. Defendant's responsive pleading is due on or before August 8, 2008. Signed by Judge Thomas J. Whelan on 6/3/08. (aje)
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Motion for Extension of Time to File Answer with OCR 28 Filed: 6/2/2008, Entered: 6/2/2008, Terminated: 6/3/2008 Motion for Extension of Time to File Answer
Joint MOTION for Extension of Time to File Answer re [1] Complaint by Michael Leavitt. (Wyer, Kathryn) (aje).
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Order on Motion for Extension of Time to Answer with OCR 27 Filed: 5/6/2008, Entered: 5/6/2008 Order on Motion for Extension of Time to AnswerCourt Filing
ORDER granting [26] Joint Motion for Extension of Time to Answer; Michael Leavitt answer due 6/9/2008. Signed by Judge Thomas J. Whelan on 5/6/08. (aje)
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Motion for Extension of Time to File Answer with OCR 26 Filed: 5/5/2008, Entered: 5/5/2008, Terminated: 5/6/2008 Motion for Extension of Time to File Answer
Joint MOTION for Extension of Time to File Answer re [1] Complaint by Michael Leavitt. (Wyer, Kathryn) (aje).
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Order on Motion for Preliminary Injunction with OCR 25 Filed: 4/8/2008, Entered: 4/8/2008 Order on Motion for Preliminary InjunctionCourt Filing
ORDER granting [15] Motion for Preliminary Injunction. This injunction shall remain in place until further order of the Court. Signed by Judge Thomas J. Whelan on 4/8/08. (aje)
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Blank 24 Filed: 4/8/2008, Entered: 4/8/2008 Order on Motion for Preliminary InjunctionCourt Filing
Minute Order. :Motion hearing held before Judge Whelan on 4/8/08. The Court orders the motion for Preliminary Injunction taken under submission. The Court to issue an order. (Court Reporter Melissa Pierson.)(Plaintiff Attorney Patric Hooper).(Defendant Attorney Kathryn Wyer/Christopher Latham). (cmy)
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Order with OCR 23 Filed: 4/4/2008, Entered: 4/4/2008 OrderCourt Filing
ORDER Finding the Court has jurisdiction and Plaintiff's claims are ripe for review. Signed by Judge Thomas J. Whelan on 4/4/08. (aje)
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Reply to Response to Motion with OCR 22 Filed: 3/28/2008, Entered: 3/28/2008 Reply to Response to Motion
REPLY to Response to Motion re [15] MOTION for Preliminary Injunction filed by Sharp Healthcare, Internist Laboratory and Scripps Health. (Keville, Jordan) (aje).
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Blank 21 Filed: 3/27/2008, Entered: 3/27/2008 Notice of Hearing.Court Filing
NOTICE of Hearing:The Court orders plaintiff's motion for preliminary injunction set for hearing on 4/8/2008 09:00 AM in Courtroom 07 before Judge Thomas J. Whelan. (cmy)
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Order on Motion for Extension of Time to Answer with OCR 20 Filed: 3/25/2008, Entered: 3/25/2008 Order on Motion for Extension of Time to AnswerCourt Filing
ORDER granting [17] Joint Motion to Continue the Deadline for Filing a Responsive Pleading. Defendant has until 5/9/08 to respond to the complaint. Signed by Judge Thomas J. Whelan on 3/25/08. (aje)
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Response in Opposition to Motion with OCR 19 Filed: 3/24/2008, Entered: 3/24/2008 Response in Opposition to Motion
RESPONSE in Opposition re [15] MOTION for Preliminary Injunction filed by Michael Leavitt. (Attachments: # (1) Exhibit A# (2) Exhibit B)(Wyer, Kathryn) (aje).
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~Notice (other) with OCR 18 Filed: 3/17/2008, Entered: 3/17/2008 ~Notice (other)
NOTICE by Michael Leavitt re [13] Order to Show Cause of Supplemental Authority (Attachments: # (1) Supplemental Authority)(Wyer, Kathryn) Modified on 3/18/2008 to edit text (aje).
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Motion for Extension of Time to File Answer with OCR 17 Filed: 3/14/2008, Entered: 3/14/2008, Terminated: 3/25/2008 Motion for Extension of Time to File Answer
Joint MOTION for Extension of Time to File Answer re [1] Complaint by Michael Leavitt. (Wyer, Kathryn) (aje).
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Reply with OCR 16 Filed: 3/14/2008, Entered: 3/14/2008 Reply
REPLY re [13] Order to Show Cause filed by Michael Leavitt. (Attachments: # (1) Exhibit A)(Wyer, Kathryn) Modified on 3/18/2008 discrepancy order sent to chambers, document exceeds 15 page limit as set forth in the order [13] (aje).
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Motion for Preliminary Injunction with OCR 15 Filed: 3/10/2008, Entered: 3/10/2008, Terminated: 4/8/2008 Motion for Preliminary Injunction
MOTION for Preliminary Injunction by Sharp Healthcare, Internist Laboratory and Scripps Health. (Attachments: # (1) Memo of Points and Authorities # (2) Exhibit A part 1# (3) Exhibit A part 2)(Hooper, Patric) (aje).
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Reply with OCR 14 Filed: 2/28/2008, Entered: 2/28/2008 Reply
REPLY re [13] Order to Show Cause, filed by Sharp Healthcare, Internist Laboratory and Scripps Health. (Attachments: # (1) Exhibit A and B)(Hooper, Patric) (aje).
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Order to Show Cause  with OCR 13 Filed: 2/14/2008, Entered: 2/14/2008 Order to Show Cause Court Filing
ORDER (1) denying Motion for a Temporary Restraining Order [6] and (2) to show cause why this case should not be dismissed. Petitioner shall file and serve a memoranda of points and authorities no later than 2/29/08; The Secretary may file and serve a response no later than 3/14/08. Neither party's brief shall exceed 15 pages. Signed by Judge Thomas J. Whelan on 2/14/08. (aje)
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Response in Opposition to Motion with OCR 12 Filed: 2/12/2008, Entered: 2/12/2008 Response in Opposition to Motion
RESPONSE in Opposition re [6] MOTION for Temporary Restraining Order and Order to Show Cause Regarding Preliminary Injunction filed by Michael Leavitt. (Attachments: # (1) Exhibit A - Wynn Declaration# (2) Exhibit 1 to Exhibit A)(Wyer, Kathryn) (aje).
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Summons Returned Executed as to USA with OCR 11 Filed: 2/7/2008, Entered: 2/7/2008 Summons Returned Executed as to USA
SUMMONS Returned Executed by Sharp Healthcare, Internist Laboratory and Scripps Health. (Hooper, Patric) (kmm ).
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Summons Returned Executed as to USA with OCR 10 Filed: 2/7/2008, Entered: 2/7/2008 Summons Returned Executed as to USA
SUMMONS Returned Executed by Sharp Healthcare, Internist Laboratory and Scripps Health. (Hooper, Patric) (kmm ).
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Summons Returned Executed as to USA with OCR 9 Filed: 2/7/2008, Entered: 2/7/2008 Summons Returned Executed as to USA
SUMMONS Returned Executed by Sharp Healthcare, Internist Laboratory and Scripps Health. Michael Leavitt served on 1/29/2008, answer due 4/1/2008. (Hooper, Patric) (kmm).
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Pro Hac Vice Appointed with OCR 8 Filed: 2/6/2008, Entered: 2/6/2008 Pro Hac Vice Appointed
PRO HAC VICE APPOINTED: Kathryn L. Wyer appearing for Defendant Michael Leavitt (mkz)
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Pro Hac Vice Appointed with OCR 7 Filed: 2/6/2008, Entered: 2/6/2008 Pro Hac Vice Appointed
PRO HAC VICE APPOINTED: Sheila Lieber appearing for Defendant Michael Leavitt (mkz)
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Motion for TRO with OCR 6 Filed: 2/4/2008, Entered: 2/4/2008, Terminated: 2/14/2008 Motion for TRO
MOTION for Temporary Restraining Order and Order to Show Cause Regarding Preliminary Injunction by Sharp Healthcare, Internist Laboratory and Scripps Health. (Attachments: # (1) Memo of Points and Authorities in Support of TRO and OSC# (2) Declaration of Jordan Keville# (3) Declaration of Gary Stevens# (4) Declaration of Donna Thompson# (5) Declaration of Cindy Wiesner# (6) Declaration of C.W.)(Hooper, Patric) (aje).
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Motion for TRO with OCR 5 Filed: 2/4/2008, Entered: 2/4/2008, Terminated: 2/6/2008 Motion for TRO
MOTION for Temporary Restraining Order and Order to Show Cause Regarding Preliminary Injunction by Sharp Healthcare, Internist Laboratory and Scripps Health. (Hooper, Patric). Modified on 2/6/2008 duplicate of document [6]. Terminated this motion (aje).
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Notice of Appearance with OCR 4 Filed: 1/30/2008, Entered: 1/30/2008 Notice of Appearance
NOTICE of Appearance by Christopher B Latham on behalf of Michael Leavitt (Attachments: # (1) Proof of Service)(Latham, Christopher) (aje).
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Summons Issued as to USA with OCR 3 Filed: 1/29/2008, Entered: 1/30/2008 Summons Issued as to USA
Summons Issued as to Michael Leavitt, U.S. Attorney and U.S. Attorney General (jcj)
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Notice of Party With Financial Interest with OCR 2 Filed: 1/29/2008, Entered: 1/30/2008 Notice of Party With Financial Interest
NOTICE of Party With Financial Interest by Sharp Healthcare, Internist Laboratory and Scripps Health (jcj)
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Complaint with OCR 1 Filed: 1/29/2008, Entered: 1/30/2008 Complaint
COMPLAINT against Michael Leavitt ( Filing fee $ 350, receipt number 146923), filed by Sharp Healthcare, Internist Laboratory and Scripps Health.(jcj)
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