| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2002-05-01 |
1 |
0 |
Complaint - (Discovery) |
COMPLAINT filed Summons(es) issued referred to Discovery Victor B. Kenton; demand for jury trial (jp) |
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| 2002-05-01 |
2 |
0 |
Certificate/Notice of Interested Parties |
NOTICE OF INTERESTED PARTIES filed by plaintiff Health Net Inc (jp) |
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| 2002-05-01 |
3 |
0 |
Notice of Related Case(s) |
NOTICE by plaintiff Health Net Inc of related case(s) CV 99-8423 LGB (CWx) & other related group. (rn) |
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| 2002-05-14 |
4 |
0 |
Transferring Case purs GO 08-05 (Related Case (CV 34) |
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 (Related Case) filed. [ Related Case no.: CV 99-8423 LGB (CWx)] Case transferred from Judge Manuel L. Real to Judge Lourdes G. Baird for all further proceedings. , Case referred from Discovery Victor B. Kenton to Discovery Carla M. Woehrle The case number will now reflect the initials of the transferee Judge [ CV 02-3581 LGB (CWx)] (cc: all counsel) (rn) |
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| 2002-05-15 |
5 |
0 |
Service of Summons and Complaint Returned Executed (21 days) |
PROOF OF SERVICE executed upon defendant Provider Healthnet Services Inc; Service by FRCP on 5/7/02 via personal svc by serving S/C to Joanne Maymi, Assist secretary authorized to accept svc (twdb) |
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| 2002-05-28 |
6 |
0 |
Stipulation to Extend Time to Answer (More than 30 days) |
STIPULATION filed to extend time to answer complaint [1-1] to 6/7/02 as to defendant Provider Healthnet (twdb) |
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| 2002-06-07 |
7 |
0 |
Certificate/Notice of Interested Parties |
NOTICE OF INTERESTED PARTIES filed by defendant Provider Healthnet (bg) |
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| 2002-06-07 |
8 |
0 |
Answer to Complaint |
ANSWER filed by defendant Provider Healthnet to complaint [1-1]; jury demand (bg) |
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| 2002-06-20 |
9 |
0 |
Scheduling Order |
ORDER SETTING SCHEDULING CONF BY TELEPHONE by Judge Lourdes G. Baird; This mtr is set for a scheduling conf to be held by telephone on 8/19/02 at 4:30; Cnsl for all appearing ptys & all unrepresented appearing ptys, if any, shall meet, in person, & discuss the mtrs set forth in FRCP 26(f)(1)-(4) as well as those items identified in part III A-L, infra NLT 7/29/02; "Report of Parties' Planning Meeting shall be filed NLT 8/5/02; Failure to comply fully & strictly w/this Ord may lead to the imposition of all appropriate sanctions (see docs for fur details) (nhac) |
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| 2002-06-28 |
10 |
0 |
Certificate/Notice of Interested Parties |
Notice OF INTERESTED PARTIES filed by defendant Provider Healthnet (yc) |
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| 2002-06-28 |
11 |
0 |
ANSWER - event converted from ICMS |
FIRST AMENDED ANSWER [8-1] by defendant Provider Healthnet; jury demand (bg) |
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| 2002-06-28 |
12 |
0 |
Counterclaim |
COUNTERCLAIM by defendant Provider Healthnet against plaintiff Health Net Inc (bg) |
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| 2002-07-18 |
13 |
0 |
Counterclaim |
FIRST AMENDED COUNTERCLAIM [12-1] by counter-claimant Provider Healthnet; (bg) |
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| 2002-07-18 |
14 |
0 |
Answer to Counterclaim |
ANSWER TO COUNTERCLAIM [13-1] by counter-defendant Health Net Inc (bg) |
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| 2002-08-01 |
15 |
0 |
Order Extending Answer Due Deadline |
STIPULATION and ORDER by Judge Lourdes G. Baird extending time to answer amended counterclaim [13-1] to 8/19/02 as to plaintiff Health Net Inc (bg) |
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| 2002-08-05 |
16 |
0 |
Report |
REPORT of parties' planning meeting filed by defendant Provider Healthnet (bg) |
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| 2002-08-19 |
17 |
0 |
Set Hearings |
MINUTES: The crt confers with counsel & sched the following dates: telephone conference held , discovery ddl set on 3/1/03; Final Pretrial Conference set for 9:00 7/21/03; telephone conference set on 4:00 1/27/03; jury trial set on 8:30 8/19/03 by Judge Lourdes G. Baird CR: Mark Schweitzer (bg) |
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| 2002-08-19 |
18 |
0 |
Order |
ORDER RE CIVIL JURY TRIAL by Judge Lourdes G. Baird. The crt ords the following dates: A telephone status conference re settlement is set for 1/27/03 at 4:00pm; Factual DCO is set at 3/1/03 cut off date of filing motions is et for 4/1/03 PTC is set for 7/21/03 at 9:00am; J/T is set for 8/19/03 at 8:30am (bg) |
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| 2002-08-19 |
19 |
0 |
Motion to Dismiss (cause or other) |
NOTICE OF MOTION AND MOTION by plaintiff Health Net Inc to dismiss dft & counterclaimant's claims for trademark infringement & unfair infringement & unfair competition ; motion hearing set for 10:00 9/16/02 Lodged propsd ord (bg) |
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| 2002-08-19 |
20 |
0 |
Memorandum in Support of Motion |
MEMORANDUM OF PA IN SUPPORT by plaintiff Health Net Inc of motion to dismiss dft & counterclaimant's claims for trademark infringement & unfair infringement & unfair competition [19-1] (bg) |
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| 2002-08-19 |
21 |
0 |
Request for Judicial Notice (Motion related) |
REQUEST by plaintiff Health Net Inc for Judicial Notice re motion to dismiss dft & counterclaimant's claims for trademark infringement & unfair infringement & unfair competition [19-1] (bg) |
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| 2002-08-30 |
22 |
0 |
Response in Opposition to Motion |
OPPOSITION by defendant, counter-claimant Provider Healthnet to motion to dismiss dft & counterclaimant's claims for trademark infringement & & unfair competition [19-1] (rrey) |
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| 2002-09-09 |
23 |
0 |
Notice/Request of Settlement Procedure (Sp4) |
NOTICE AND REQUEST Of Settlement Procedure Selection fld Parties request to apr bef a randomly selected judicial officer frm the Civil Settlement Panel for sttlmnt procdgs Order by Judge Lourdes G. Baird granting settlement procedure selection request [23-1] (rn) |
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| 2002-09-10 |
24 |
0 |
Request for Assignment of Settlement Judge (CV 7) |
REQUEST FOR ASSIGNMENT OF SETTLEMENT JUDGE - pursuant to Local Rule 16-14.4, case assigned to Judge William J. Rea for settlement conference. (cc: all counsel) (rn) |
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| 2002-09-10 |
25 |
0 |
Reply (Motion related) |
REPLY by plaintiff Health Net Inc to dft's opp to plf's motion to dismiss [19-1] (nhac) |
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| 2002-09-10 |
26 |
0 |
Notice of Document Discrepancies and Order - Rejecting |
NOTICE OF DISCREPANCY AND ORDER by Judge Lourdes G. Baird ordering plfs reply to dfts opp to plfs mot to dism submitted received on 9/9/02 is not to be fld but instead rejected; Denial based on: FRCP 5(d) (rrey) |
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| 2002-09-12 |
27 |
0 |
MINUTES - event converted from ICMS |
MINUTES: that the motion to dismiss dft & counterclaimant's claims for trademark infringement & unfair infringement & unfair competition [19-1] is submitted. Therefore, the parties are not to appear bef this crt on 9/16/02 @ 10:00am by Judge Lourdes G. Baird CR: N/P (bg) |
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| 2002-09-16 |
28 |
0 |
Miscellaneous Document |
NOTICE OF CHANGE Of Address filed by atty Brian W Kasell for counter-defendant Health Net Inc. Jeffer, Mangels, Butler & Marmaro LLP 1900 Avenue of the Stars, Seventh Flr LA cA 90067 (310) 203-8080 FAX (310) 203-0567 (bg) |
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| 2002-09-19 |
29 |
0 |
Order |
ORDER by Judge Lourdes G. Baird granting motion to dismiss dft & counterclaimant's claims for trademark infringement & unfair infringement & unfair competition [19-1] (bg) |
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| 2002-10-03 |
30 |
0 |
Answer to Counterclaim |
ANSWER TO COUNTERCLAIM [13-1] by counter-defendant Health Net Inc (bg) |
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| 2002-10-29 |
31 |
0 |
Motion for Leave |
NOTICE OF MOTION AND MOTION by defendant Provider Healthnet for leave to file second amended counterclaim ; motion hearing set for 10:00 11/25/02 Lodged 2nd amended counterclaim (bg) |
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| 2002-10-30 |
32 |
0 |
Order |
STANDING ORDER by Judge Lourdes G. Baird. Read this order carefully. It controls the case unless otherwise ordered by the court (bg) |
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| 2002-10-30 |
33 |
0 |
MINUTES - event converted from ICMS |
MINUTES: Platiniff's opposition due no later than 11/6/02 at 3:00PM; Defendant's optional reply due no later than 11/13/02 at 3:00 PM; setting hearing on motion for leave to file second amended counterclaim [31-1] 10:00 11/25/02 by Judge Lourdes G. Baird CR: N/P (bg) |
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| 2002-11-06 |
34 |
0 |
Response in Opposition to Motion |
Memorandum of points and authorities in OPPOSITION by plaintiff Health Net Inc to motion for leave to file second amended counterclaim [31-1] (bg) |
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| 2002-11-13 |
35 |
0 |
Response in Support of Motion |
REPLY in support by defendant Provider Healthnet to motion for leave to file second amended counterclaim [31-1] (bg) |
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| 2002-11-21 |
36 |
0 |
Order |
ORDER by Judge Lourdes G. Baird denying motion for leave to file second amended counterclaim [31-1] (rrey) |
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| 2002-11-21 |
37 |
0 |
MINUTES - event converted from ICMS |
MINUTES: that the motion for leave to file second amended counterclaim [31-1] is submitted. Therefore the parties are not to appear before this court on 9/16/02 at 10:00am by Judge Lourdes G. Baird CR: N/P (bg) |
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| 2002-11-26 |
38 |
0 |
Set Hearings |
MINUTES (IN CHAMBERS): On the Court's own motion, the Court continues the 1/27/03 telephone scheduling conf to 2/4/03 at 5:00 pm (PST); Counsel for plf is ordered to initiate the telephone conf call through the telephone operator to include all counsel of record, and Chambers at 213-894-0785 on the date and time scheduled; If there is any problem, counsel is to contact the Courtroom Deputy, Catherine Jeang, at 213-894-3700 by Judge Lourdes G. Baird; CR: Not Present (nhac) |
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| 2003-01-16 |
39 |
0 |
Set Hearings |
MINUTES: telephone conference re settlement continued on 4:30 2/11/03 by Judge Lourdes G. Baird CR: Not Present (bg) |
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| 2003-01-16 |
40 |
0 |
Protective Order |
STIPULATION and ORDER by Discovery Carla M. Woehrle re protective order Each party producing information, including any document, thing, etc may segregate and label it as confidential or attorney's eyes only to the extent that the providing party believes the information falls within the scope of protection defined herein (bg) |
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| 2003-01-16 |
41 |
0 |
Scheduling Order |
STIPULATION and ORDER by Judge Lourdes G. Baird to extend time for parties to conduct settlement conference and discovery. The parties shall have up to & incl 2/15/03 to complete settlement. The Factual Discovery Cut-off shall be on 4/1/03; Motion filing cut-off shall be on 4/15/03; and telephonic status conference (to report on sttlmnt) shall be continued until 4:30 2/26/03 . All other case management dates in the Court's 8/19/02 order are to remain the same (rl) |
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| 2003-02-19 |
42 |
0 |
Motion for Order |
NOTICE OF MOTION AND MOTION by plaintiff Health Net Inc for order to modify scheduling order , for leave to file first amended complaint motion hearing set for 10:00 4/7/03 Lodged proposed order and first amend (bg) |
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| 2003-02-19 |
43 |
0 |
Memorandum in Support of Motion |
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by plaintiff Health Net Inc of motion for order to modify scheduling order [42-1] (bg) |
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| 2003-02-19 |
44 |
0 |
Declaration (Motion related) |
DECLARATION of Elizabeth Barrowman Gibson in support by plaintiff Health Net Inc re motion for order to modify scheduling order [42-1] (bg) |
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| 2003-02-21 |
45 |
0 |
MINUTES - event converted from ICMS |
MINUTES: The court is in receipt of plaintiff's motion to modify scheduling order and for leave to file first amended complaint. The court sets the following briefing schedule: Defendant's opposition due no later than March 3, 2003 at 3:00pm. Plaintiff's optional reply due no later than March 10, 2003 at 3:00pm by Judge Lourdes G. Baird CR: Not Present (bg) |
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| 2003-02-26 |
46 |
0 |
Set Hearings |
MINUTES: telephone conference held re status of settlement The parties represented that settlement had not been reached by Judge Lourdes G. Baird CR: None Present (bg) |
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| 2003-03-03 |
47 |
0 |
Response in Opposition to Motion |
OPPOSITION by defendant Provider Healthnet to motion for order to modify scheduling order [42-1], motion for leave to file first amended complaint [42-2] (bg) |
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| 2003-03-10 |
48 |
0 |
Response in Support of Motion |
REPLY IN SUPPORT by plaintiff Health Net Inc to motion for order to modify scheduling order [42-1], motion for leave to file first amended complaint [42-2] (bg) |
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| 2003-03-14 |
49 |
0 |
Order |
ORDER by Judge Lourdes G. Baird denying plaintiff's motion for order to modify scheduling order [42-1], & for leave to file first amended complaint [42-2] (mg) |
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| 2003-03-14 |
50 |
0 |
MINUTES - event converted from ICMS |
MINUTES (In Chambers) by Judge Lourdes G. Baird: The Court is in receipt of plaintiff's motion for order to modify scheduling order [42-1], & for leave to file first amended complaint [42-2]. The court hereby dispenses with oral argument on the application & will decide on the basis of the papers submitted. The parties are not to appear before this Court on 4/7/03 at 10:00. CR: (not present) (mg) |
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| 2003-03-24 |
51 |
0 |
NOTICE - event converted from ICMS |
NOTICE of Texas Counsel by defendant Provider Healthnet (mg) |
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| 2003-04-16 |
52 |
0 |
Stipulation and Order |
STIPULATION and ORDER by Judge Lourdes G. Baird that the parties shall have up to and including 05/01/03 to bring a motion to compel Marked Documents; Defendant shall have up to and including 05/01/03 to bring a motion to compel the further deposition of plaintiff's Rule 30(b)(6) Designee (David Olson); Plaintiff shall have up to and including 05/01/03 to bring motion to compel the further deposition of defendant's Rule 30(b)(6) Designee (Richard Kneipper). (jp) |
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| 2003-05-01 |
53 |
0 |
Stipulation and Order |
STIPULATION and ORDER by Discovery Carla M. Woehrle, defendat will produce the Category B Documents, the Category C Documents and the PHNS document; defendant will obtain a Custodian of Records Declaration from Jones Day to the effect that the produced documents are maintained in the files of Deborah Sloan at Jones Day as business records. The parties are working on a mutually-acceptable form of declaration to authenticate the documents. Plaintiff will not seek the Category A Documents. Plaintiff will not assert that defendant has waived the atorney-client privilege above and beyond the waiver of the privilege for the advise of counsel defense (bg) |
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| 2003-05-29 |
54 |
0 |
Stipulation and Order |
STIPULATION and ORDER RE SHORT EXTENSION OF DEADLINE TO COMPLETE EXPERT DISCOVERY by Judge Lourdes G. Baird. Now therefore, it is ordered that the parties may have up to and including June 30, 2003 to complete expert discovery (bg) |
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| 2003-06-09 |
55 |
0 |
MINUTES - event converted from ICMS |
MINUTES: In Chambers - Order re: Jury Trial Preparation. The court orders as follows: The parties are to meet and confer no later than June 30, 2003 with the goal of agreeing upon jury instructions and verdict forms by Judge Lourdes G. Baird CR: Not Present (bg) |
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| 2003-06-16 |
56 |
0 |
Ex Parte Application for Order |
EX PARTE APPLICATION filed by defendant Provider Healthnet for order shortening timeon motion to exclude testimony and report of plaintiff's new rebuttal- rebuttal expert Michael Kamins, designated on June 12, 2003 Lodged proposed order (bg) |
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| 2003-06-17 |
57 |
0 |
Response in Opposition to Motion |
Memorandum of points and authorities in OPPOSITION by plaintiff Health Net Inc to ex parte application for order shortening timeon motion to exclude testimony and report of plaintiff's new rebuttal- rebuttal expert Michael Kamins, designated on June 12, 2003 [56-1] (bg) |
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| 2003-06-17 |
58 |
0 |
Declaration (Motion related) |
DECLARATION of Elizabeth Barrowman Gibson in opposition by plaintiff Health Net Inc re ex parte application for order shortening timeon motion to exclude testimony and report of plaintiff's new rebuttal- rebuttal expert Michael Kamins, designated on June 12, 2003 [56-1] (bg) |
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| 2003-06-19 |
59 |
0 |
APPEAL - event converted from ICMS |
RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 8/19/02 (Re: ) CR: Mark Schweitzer. (ghap) |
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| 2003-06-18 |
60 |
0 |
Order |
ORDER by Judge Lourdes G. Baird granting ex parte application for order shortening time on motion to exclude testimony and report of plaintiff's new rebuttal- rebuttal expert Michael Kamins, designated on June 12, 2003 [56-1] Defendant's motion must be filed by noon on June 20, 2003. Further ordered that opposition papers to the motion, if any, must be filed by 4:00pm on June 23, 2003 and personally served on PHNS' counsel by such date and time. Furthered ordered that a hearing on the Motion, if any, shall take place on July 3, 2003 at 10 am (bg) |
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| 2003-06-20 |
61 |
0 |
Motion to Exclude |
NOTICE OF MOTION AND MOTION by defendant Provider Healthnet to exclude testimony and report of plaintiff's new rebuttal expert Michael Kamins motion hearing set for 9:00 7/3/03 (bp) |
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| 2003-06-23 |
62 |
0 |
MEMORANDUM in Opposition to Motion |
MEMORANDUM of Points and Authorities filed by plaintiff Health Net Inc in opposition to motion to exclude testimony and report of plaintiff's new rebuttal expert Michael Kamins [61-1] (bp) |
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| 2003-06-23 |
63 |
0 |
Declaration (Motion related) |
DECLARATION of Elizabeth Barrowman Gibson by plaintiff Health Net Inc in opposition to motion to exclude testimony and report of plaintiff's new rebuttal expert Michael Kamins [61-1] (bp) |
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| 2003-06-23 |
64 |
0 |
Motion Related Document |
Appendix of Authorities by plaintiff Health Net Inc in opposition to motion to exclude testimony and report of plaintiff's new rebuttal expert Michael Kamins [61-1] (bp) |
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| 2003-06-23 |
65 |
0 |
Proof of Service (subsequent documents) |
PROOF OF SERVICE by plaintiff Health Net Inc., on 6/23/03 of memorandum of points and authorities in opposition to motion to exclude testimony and report of plaitniff's rebuttal expert Michael Kamins. (bp) |
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| 2003-06-25 |
66 |
0 |
Reply (Motion related) |
REPLY by defendant Provider Healthnet to Plaintiff's opposition to Defendants' motion to exclude testimony and report of plaintiff's new rebuttal expert Michael Kamins, designated on 6/12/03 [61-1]; Supplemental Declaration of Ellen S Kornblum (ir) |
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| 2003-06-30 |
67 |
0 |
Proof of Service (subsequent documents) |
PROOF OF SERVICE by plaintiff Health Net Inc on 6/30/03 of joint trial exhibit list, etc. (bp) |
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| 2003-06-30 |
68 |
0 |
Memorandum of Contentions of Fact and Law |
MEMORANDUM OF CONTENTIONS OF FACT and LAW by defendant, counter-claimant Provider Healthnet (jp) |
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| 2003-06-30 |
69 |
0 |
Witness List |
WITNESS LIST submitted by defendant, counter-claimant Provider Healthnet (jp) |
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| 2003-06-30 |
70 |
0 |
Application for Leave to File |
APPLICATION filed by plaintiff Health Net Inc to file certain documents under sueal pursuant to protective order (jp) |
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| 2003-06-30 |
71 |
0 |
Witness List |
WITNESS LIST submitted by plaintiff Health Net Inc (jp) |
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| 2003-06-30 |
72 |
0 |
Motion to Quash Summons |
NOTICE OF MOTION AND MOTION by plaintiff Health Net Inc to quash defendant's trial subpoena directed to David M. Yerkes ; motion hearing set for 10:00 7/22/03; Lodged Order (jp) |
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| 2003-07-01 |
73 |
0 |
Order |
ORDER by Judge Lourdes G. Baird GRANTING application to file certain documents under seal pursuant to protective order [70-1]; The Clerk is directed to file Under Seal the following documents: Memorandum of Contentions of Law and Fact. (jp) |
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| 2003-07-01 |
74 |
0 |
MINUTES - event converted from ICMS |
MINUTES (In Chambers) by Judge Lourdes G. Baird: The Court advances the the incorrectly noticed motion to quash defendant's trial subpoena directed to David M. Yerkes [72-1] to 7/21/03 at 9:00. Counsel are not to appear on 7/22/03 at 10:00. CR: (Not Present) (mg) |
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| 2003-07-01 |
75 |
0 |
Application for Leave to File |
APPLICATION filed by defendant Provider Healthnet for filing documents under seal in connection with Defendant Provider Healthnet Services Inc's motion in limine no. 6 ; Lodged order (mg) |
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| 2003-07-01 |
76 |
0 |
Order |
ORDER by Judge Lourdes G. Baird granting application for filing documents under seal in connection with Defendant Provider Healthnet Services Inc's motion in limine no. 6 [75-1] (mg) |
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| 2003-07-01 |
77 |
0 |
Order |
ORDER by Judge Lourdes G. Baird granting application for filing documents under seal in connection with Defendant Provider Healthnet Services Inc's motion in limine no. 6 [75-1] (jag) |
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| 2003-07-01 |
81 |
0 |
Application to Seal |
APPLICATION filed by defendant, counter-claimant Provider Healthnet for filing documents under seal in connection with defendant's motion in limine No 9 Lodged order (jag) |
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| 2003-07-01 |
82 |
0 |
MINUTES - event converted from ICMS |
MINUTES: By its own motion the Court hereb ADVANCES the hearing on motion to exclude testimony and report of plaintiff's new rebuttal expert Michael Kamins [61-1] to 1:30 7/2/03 by Judge Lourdes G. Baird CR: n/a (jag) |
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| 2003-07-01 |
83 |
0 |
NOTICE - event converted from ICMS |
NOTICE by plaintiff Health Net Inc of filing signature page of joint exhibit list (jag) |
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| 2003-07-01 |
84 |
0 |
Motion in Limine converted from ICMS |
MOTION by defendant, counter-claimant Provider Healthnet in limine No 1 to exclude testimony and reports of plaintiff's experts Louis Rubino Phd and Andrew B Leeka as unitmely and in violation of Court's scheduling order and request for sanctions against plaintiff and its counsel, or alternatively, to preclude testimony of one as unduly cumulative ; Declaration of Ellen S Kornblum (jag) Modified on 07/03/2003 |
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| 2003-07-01 |
85 |
0 |
Motion in Limine converted from ICMS |
MOTION by defendant, counter-claimant Provider Healthnet in limine No 2 to exclude any evidence concerning reasonable royalties ; Declaration of Ellen S Kornblum (jag) |
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| 2003-07-01 |
86 |
0 |
Motion in Limine converted from ICMS |
MOTION by defendant, counter-claimant Provider Healthnet in limine No 3 to exclude any evidence inferences or mention of third party lawsuits involving defendant particularity with Detroit Medical Center ; Declaration of Ellen S Kornblum (jag) |
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| 2003-07-01 |
87 |
0 |
Motion in Limine converted from ICMS |
MOTION by defendant, counter-claimant Provider Healthnet in limine No 4 to the extent testimony of Health Net's rebuttal expert Louis Rubino PhD is permitted to limit such testimony and exclude admission of his report into evidence ; Declaration of Ellen S Kornblum (jag) |
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| 2003-07-01 |
88 |
0 |
Motion in Limine converted from ICMS |
MOTION by defendant, counter-claimant Provider Healthnet in limine No 5 to the extent testimony of Health Net's rebuttal expert Andrew Leeka is permitted to limit such testimony and exclude admission of his report into evidence ; Declration of Ellen S Kornblum (jag) |
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| 2003-07-01 |
89 |
0 |
Motion in Limine converted from ICMS |
MOTION by defendant, counter-claimant Provider Healthnet in limine No 6 to limit testimony and reports of Thomas N Neches CPA to areas of expertise and not invade province of the Jury ; Declaration of Ellen S Kornblum (jag) Modified on 07/03/2003 |
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| 2003-07-01 |
90 |
0 |
Motion in Limine converted from ICMS |
MOTION by defendant, counter-claimant Provider Healthnet in limine No 7 to exclude testimony and reports of plaintiff's experts Louis Rubino PhD and Andrew B Leeka as untimely and in violation of Court's scheduling order and request for sanctions against plaintiff and its counsel or alternatively to preclude testimony of one as unduly cumulative ; Declration of Ellen S Kornblum (jag) |
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| 2003-07-01 |
91 |
0 |
Motion in Limine converted from ICMS |
MOTION by defendant, counter-claimant Provider Healthnet in limine No 8 to preclude plaintiff from introducing into evidence license agreement disclosed for first time on 6/19/03 ; Declaration of Ellen S Kornblum (jag) |
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| 2003-07-01 |
92 |
0 |
Motion in Limine converted from ICMS |
MOTION by defendant, counter-claimant Provider Healthnet in limine No 9 to exclude evidence of defendant's finances unless and until plaintiff makes necessary showing of infringement and bad faith ; Declaration of Ellen S Kornblum (jag) |
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| 2003-07-01 |
93 |
0 |
Notice of Motion |
NOTICE OF motion in limine No 1 to exclude testimony and reports of plaintiff's experts Louis Rubino Phd and Andrew B Leeka as unitmely and in violation of Court's scheduling order and request for sanctions against plaintiff and its counsel, or alternatively, to preclude testimony of one as unduly cumulative [84-1] filed by defendant, counter-claimant Provider Healthnet (jag) |
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|
| 2003-07-01 |
94 |
0 |
Notice of Motion |
NOTICE OF motion in limine No 2 to exclude any evidence concerning reasonable royalties [85-1] filed by defendant, counter-claimant Provider Healthnet (jag) |
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|
| 2003-07-01 |
95 |
0 |
Notice of Motion |
NOTICE OF motion in limine No 3 to exclude any evidence inferences or mention of third party lawsuits involving defendant particularity with Detroit Medical Center [86-1] filed by defendant, counter-claimant Provider Healthnet (jag) |
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|
| 2003-07-01 |
96 |
0 |
Notice of Motion |
NOTICE OF motion in limine No 4 to the extent testimony of Health Net's rebuttal expert Louis Rubino PhD is permitted to limit such testimony and exclude admission of his report into evidence [87-1] filed by defendant, counter-claimant Provider Healthnet (jag) |
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|
| 2003-07-01 |
97 |
0 |
Notice of Motion |
NOTICE OF motion in limine No 5 to the extent testimony of Health Net's rebuttal expert Andrew Leeka is permitted to limit such testimony and exclude admission of his report into evidence [88-1] filed by defendant, counter-claimant Provider Healthnet (jag) |
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|
| 2003-07-01 |
98 |
0 |
Notice of Motion |
NOTICE OF motion in limine No 6 to limit testimony and reports of Thomas N Neches CPA to areas of expertise and not invade province of the Jury [89-1] filed by defendant, counter-claimant Provider Healthnet (jag) |
|
|
| 2003-07-01 |
99 |
0 |
Notice of Motion |
NOTICE OF motion in limine No 7 to exclude testimony and reports of plaintiff's experts Louis Rubino PhD and Andrew B Leeka as untimely and in violation of Court's scheduling order and request for sanctions against plaintiff and its counsel or alternatively to preclude testimony of one as unduly cumulative [90-1] filed by defendant, counter-claimant Provider Healthnet (jag) |
|
|
| 2003-07-01 |
100 |
0 |
Notice of Motion |
NOTICE OF motion in limine No 8 to preclude plaintiff from introducing into evidence license agreement disclosed for first time on 6/19/03 [91-1] filed by defendant, counter-claimant Provider Healthnet (jag) |
|
|
| 2003-07-01 |
101 |
0 |
Notice of Motion |
NOTICE OF motion in limine No 9 to exclude evidence of defendant's finances unless and until plaintiff makes necessary showing of infringement and bad faith [92-1] filed by defendant, counter-claimant Provider Healthnet (jag) |
|
|
| 2003-07-01 |
102 |
0 |
Notice of Document Discrepancies - Granting |
NOTICE OF DISCREPANCY AND ORDER by Judge Lourdes G. Baird ordering Motions in limine 1 5 10 9 6 11, proposed orders submitted by plaintiff Health Net Inc received on 6/30/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (jag) |
|
|
| 2003-07-01 |
103 |
0 |
Notice of Document Discrepancies - Granting |
NOTICE OF DISCREPANCY AND ORDER by Judge Lourdes G. Baird ordering application to file certain documents under seal submitted by plaintiff Health Net Inc received on 6/30/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (jag) |
|
|
| 2003-06-30 |
104 |
0 |
Application to Seal |
APPLICATION filed by plaintiff Health Net Inc to file certain documents under seal pursuant to protective order (jag) |
|
|
| 2003-06-30 |
105 |
0 |
Motion in Limine converted from ICMS |
NOTICE of MOTION and MOTION by plaintiff Health Net Inc in limine No 1 for an order and jury instructions shifting the burden to defendant on the issue of likelihood of confusion ; Declration of Amy L Hill (jag) |
|
|
| 2003-06-30 |
109 |
0 |
Motion in Limine converted from ICMS |
NOTICE OF MOTION AND MOTION by plaintiff Health Net Inc in limine No 5 to preclude defendant from offering the testimony of Arthur Seidel as an expert witness (jag) |
|
|
| 2003-06-30 |
110 |
0 |
Motion in Limine converted from ICMS |
NOTICE OF MOTION AND MOTION by plaintiff Health Net Inc in limine No 6 to preclude defendant from arguing that plaintiff's trademark is generic ; Declaration of Amy L Hill (jag) |
|
|
| 2003-06-30 |
112 |
0 |
Motion in Limine converted from ICMS |
NOTICE OF MOTION AND MOTION by plaintiff Health Net Inc in limine No 8 to preclude defendant's undisclosed witnesses trom testifying at trial ; Declaration of Amy L Hill (jag) |
|
|
| 2003-06-30 |
113 |
0 |
Motion in Limine converted from ICMS |
NOTICE OF MOTION AND MOTION by plaintiff Health Net Inc in limine No 9 to preclude defendant from offering the testimony of Dr Marcia Selz as an expert witness ; Declaration of Amy L Hill (jag) |
|
|
| 2003-06-30 |
114 |
0 |
Motion in Limine converted from ICMS |
NOTICE OF MOTION AND MOTION by plaintiff Health Net Inc in limine No 10 to preclude defendant from offering the testimony of Larry Schunder as a percipient witness ; Declaration of Amy L Hill (jag) |
|
|
| 2003-06-30 |
115 |
0 |
Motion in Limine converted from ICMS |
NOTICE OF MOTION AND MOTION by plaintiff Health Net Inc in limine No 11 to preclude defendant from offering the testimony of David M Yerkes at trial ; Declaration of Amy L Hill (jag) |
|
|
| 2003-06-30 |
117 |
0 |
Proof of Service (subsequent documents) |
PROOF OF SERVICE by plaintiff Health Net Inc of attached list of documents; served upon Ellen S Kornblum on 6/30/03 by mail (jag) |
|
|
| 2003-07-02 |
118 |
0 |
Set Hearings |
MINUTES: telephone hearing, 7/2/03 at 1:30pm granting motion to exclude testimony and report of plaintiff's new rebuttal expert Michael Kamins [61-1] Opposition to motions in limine are due July 8, 2003 at 12:00pm. Replies are due no later than July 14, 2003 by Judge Lourdes G. Baird CR: Mark Schweitzer (bg) |
|
|
| 2003-07-01 |
119 |
0 |
Notice of Document Discrepancies and Order - Rejecting |
NOTICE OF DISCREPANCY AND ORDER by Judge Lourdes G. Baird ordering Joinder in Notice of Motion submitted received on 6/30/03 is not to be fld but instead rejected; Denial based on: Written notice of motion lacking (bg) |
|
|
| 2003-07-07 |
120 |
0 |
Proof of Service (subsequent documents) |
PROOF OF SERVICE by plaintiff Health Net Inc on 7/1/03 of motions in limine; proposed orders; joint trial exhibit list; witness list; applications to file certain documents under seal and joinder served Ellen Kornblum, Esq by mail (bg) |
|
|
| 2003-07-07 |
121 |
0 |
Response in Opposition to Motion |
OPPOSITION by plaintiff Health Net Inc to motion in limine No 4 to the extent testimony of Health Net's rebuttal expert Louis Rubino PhD is permitted to limit such testimony and exclude admission of his report into evidence [87-1] (bg) |
|
|
| 2003-07-07 |
122 |
0 |
Response in Opposition to Motion |
OPPOSITION by plaintiff Health Net Inc to motion in limine No 1 to exclude testimony and reports of plaintiff's experts Louis Rubino Phd and Andrew B Leeka as unitmely and in violation of Court's scheduling order and request for sanctions against plaintiff and its counsel, or alternatively, to preclude testimony of one as unduly cumulative [84-1] (bg) |
|
|
| 2003-07-07 |
123 |
0 |
Response in Opposition to Motion |
OPPOSITION by plaintiff Health Net Inc to motion in limine No 5 to the extent testimony of Health Net's rebuttal expert Andrew Leeka is permitted to limit such testimony and exclude admission of his report into evidence [88-1] (bg) |
|
|
| 2003-07-07 |
124 |
0 |
Response in Opposition to Motion |
OPPOSITION by plaintiff Health Net Inc to motion in limine No 3 to exclude any evidence inferences or mention of third party lawsuits involving defendant particularity with Detroit Medical Center [86-1] (bg) |
|
|
| 2003-07-07 |
125 |
0 |
Response in Opposition to Motion |
OPPOSITION by plaintiff Health Net Inc to motion in limine No 8 to preclude plaintiff from introducing into evidence license agreement disclosed for first time on 6/19/03 [91-1] (bg) |
|
|
| 2003-06-30 |
126 |
0 |
Exhibit List |
JOINT TRIAL EXHIBIT list (bg) |
|
|
| 2003-07-01 |
127 |
0 |
Notice of Document Discrepancies - Granting |
NOTICE OF DISCREPANCY AND ORDER by Judge Lourdes G. Baird ordering Joint Trial Exhibit List submitted received on 6/30/03 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (bg) |
|
|
| 2003-07-07 |
128 |
0 |
Jury Verdict |
SPECIAL VERDICT forms by defendant Provider Healthnet (bg) |
|
|
| 2003-07-07 |
129 |
0 |
Miscellaneous Document |
Description of Direct Testimony and time estimates filed by defendant Provider Healthnet Services Inc (bg) |
|
|
| 2003-07-07 |
130 |
0 |
Motion Related Document |
Withdrawal of its subpoena on Professor Yerkes by defendant Provider Healthnet and non-opposition to motion to quash defendant's trial subpoena directed to David M. Yerkes [72-1] (bg) |
|
|
| 2003-07-07 |
131 |
0 |
Jury Instructions (Given) |
JURY INSTRUCTIONS submitted by defendant Provider Healthnet (bg) |
|
|
| 2003-07-07 |
132 |
0 |
Miscellaneous Document |
JOINT PROPOSED JURY INSTRUCTIONS filed (bg) |
|
|
| 2003-07-07 |
133 |
0 |
Miscellaneous Document |
PROPOSED JURY INSTRUCTIONS filed by plaintiff Health Net Inc (bg) |
|
|
| 2003-07-07 |
134 |
0 |
Brief (non-motion non-appeal) |
BRIEF summary of witness testimony for plaintiff's case-in-chief with time estimates for direct examination FILED by plaintiff Health Net Inc (bg) |
|
|
| 2003-07-07 |
135 |
0 |
Miscellaneous Document |
PROPOSED JURY VERDICT FORM filed by plaintiff Health Net Inc (bg) |
|
|
| 2003-07-07 |
139 |
0 |
Proof of Service (subsequent documents) |
PROOF OF SERVICE by plaintiff Health Net Inc on 7/7/03 of memorandums of points and authorities; application to file certaindocuments under seal; proposed order; brief summary of witness testimony; joint proposed jury instructions served Ellen S Kornblum, Esq (bg) |
|
|
| 2003-07-08 |
140 |
0 |
Motion Related Document |
Appendix of non-federal authorities in opposition by plaintiff Health Net Inc to motion in limine No 9 to exclude evidence of defendant's finances unless and until plaintiff makes necessary showing of infringement and bad faith [92-1] (bg) |
|
|
| 2003-07-08 |
141 |
0 |
Response in Opposition to Motion |
OPPOSITION by defendant Provider Healthnet to motion in limine No 1 for an order and jury instructions shifting the burden to defendant on the issue of likelihood of confusion [105-1] (bg) |
|
|
| 2003-07-08 |
142 |
0 |
Response in Opposition to Motion |
OPPOSITION by defendant Provider Healthnet to Plaintiff's Motion in limine No 2 re: Profits (bg) |
|
|
| 2003-07-08 |
143 |
0 |
Response in Opposition to Motion |
OPPOSITION by defendant Provider Healthnet to Plaintiff's Motion in limine No 4 re: John Frenzel as percipient and expert witness (bg) |
|
|
| 2003-07-08 |
144 |
0 |
Response in Opposition to Motion |
OPPOSITION by defendant Provider Healthnet to motion in limine No 5 to preclude defendant from offering the testimony of Arthur Seidel as an expert witness [109-1] Re: Seidel (bg) |
|
|
| 2003-07-08 |
145 |
0 |
Response in Opposition to Motion |
OPPOSITION by defendant Provider Healthnet to motion in limine No 6 to preclude defendant from arguing that plaintiff's trademark is generic [110-1] re: Genericness (bg) |
|
|
| 2003-07-08 |
146 |
0 |
Response in Opposition to Motion |
OPPOSITION by defendant Provider Healthnet to Plaintiff's Motion in limine No 7 re: Harvey Price (bg) |
|
|
| 2003-07-08 |
147 |
0 |
Response in Opposition to Motion |
OPPOSITION by defendant Provider Healthnet to motion in limine No 8 to preclude defendant's undisclosed witnesses trom testifying at trial [112-1] re: Cronin and Sloan (bg) |
|
|
| 2003-07-08 |
148 |
0 |
Response in Opposition to Motion |
OPPOSITION by defendant Provider Healthnet to motion in limine No 9 to preclude defendant from offering the testimony of Dr Marcia Selz as an expert witness [113-1] re: Dr Marcia Selz (bg) |
|
|
| 2003-07-08 |
149 |
0 |
Response in Opposition to Motion |
OPPOSITION by defendant Provider Healthnet to motion in limine No 10 to preclude defendant from offering the testimony of Larry Schunder as a percipient witness [114-1] re: Schunder (bg) |
|
|
| 2003-07-08 |
150 |
0 |
Response in Opposition to Motion |
OPPOSITION by defendant Provider Healthnet to motion in limine No 11 to preclude defendant from offering the testimony of David M Yerkes at trial [115-1] re: Professor Yerkes (bg) |
|
|
| 2003-07-10 |
152 |
0 |
Response in Opposition to Motion |
OPPOSITION by plaintiff Health Net Inc to motion in limine No 9 to exclude evidence of defendant's finances unless and until plaintiff makes necessary showing of infringement and bad faith [92-1] (bg) |
|
|
| 2003-07-11 |
153 |
0 |
Exhibit List |
AMENDED JOINT TRIAL EXHIBIT list (bg) |
|
|
| 2003-07-14 |
154 |
0 |
Application for Leave to File |
APPLICATION filed by plaintiff Health Net Inc for leave to file certain documents under seal pursuant to protective order Lodged proposed order (bg) |
|
|
| 2003-07-14 |
155 |
0 |
Response in Support of Motion |
REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN FURTHER SUPPORT by plaintiff Health Net Inc to MOTION IN LIMINE NO 2 (bg) |
|
|
| 2003-07-14 |
156 |
0 |
Response in Support of Motion |
REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by plaintiff Health Net Inc to MOTION IN LIMINE NO 3 (bg) |
|
|
| 2003-07-14 |
157 |
0 |
Response in Support of Motion |
REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by plaintiff Health Net Inc to motion in limine No 5 to preclude defendant from offering the testimony of Arthur Seidel as an expert witness [109-1] (bg) |
|
|
| 2003-07-14 |
158 |
0 |
Response in Support of Motion |
REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by plaintiff Health Net Inc to motion in limine No 6 to preclude defendant from arguing that plaintiff's trademark is generic [110-1] (bg) |
|
|
| 2003-07-14 |
159 |
0 |
Response in Support of Motion |
REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by plaintiff Health Net Inc to MOTION IN LIMINE NO 7 (bg) |
|
|
| 2003-07-14 |
160 |
0 |
Response in Support of Motion |
REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by plaintiff Health Net Inc to motion in limine No 8 to preclude defendant's undisclosed witnesses trom testifying at trial [112-1] (bg) |
|
|
| 2003-07-14 |
161 |
0 |
Response in Support of Motion |
REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN FURTHER SUPPORT by plaintiff Health Net Inc to motion in limine No 9 to preclude defendant from offering the testimony of Dr Marcia Selz as an expert witness [113-1] (bg) |
|
|
| 2003-07-14 |
162 |
0 |
Response in Support of Motion |
REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by plaintiff Health Net Inc to motion in limine No 10 to preclude defendant from offering the testimony of Larry Schunder as a percipient witness [114-1] (bg) |
|
|
| 2003-07-14 |
163 |
0 |
Response in Support of Motion |
REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by plaintiff Health Net Inc to motion in limine No 11 to preclude defendant from offering the testimony of David M Yerkes at trial [115-1] (bg) |
|
|
| 2003-07-14 |
164 |
0 |
Proof of Service (subsequent documents) |
PROOF OF SERVICE by plaintiff Health Net Inc on 7/14/03 of reply memorandums in support of motions in limine no 2-11 served Ellen S Kornblum, Esq by personal service (bg) |
|
|
| 2003-07-14 |
165 |
0 |
Statement |
JOINT BRIEF STATEMENT of the case (bg) |
|
|
| 2003-07-14 |
166 |
0 |
Objections - non-motion |
OBJECTIONS filed by plaintiff Health Net Inc to jury [131-1] (bg) |
|
|
| 2003-07-14 |
167 |
0 |
Objections - non-motion |
OBJECTIONS filed by plaintiff Health Net Inc to verdict [128-1] (bg) |
|
|
| 2003-07-14 |
168 |
0 |
Jury Instructions (Given) |
JOINT JURY INSTRUCTION QUESTIONNAIRE/VOIR DIRE submitted (bg) |
|
|
| 2003-07-14 |
169 |
0 |
Miscellaneous Document |
Plaintiff's Time Estimates for cross examination of defendant's witnesses (bg) |
|
|
| 2003-07-14 |
170 |
0 |
Proof of Service (subsequent documents) |
PROOF OF SERVICE by plaintiff Health Net Inc on 7/14/03 of Plaintiff's time estimate; objections; proposed pretrial conference order; joint jury questionnaire/voir dire; joint brief statement of the case served Ellen S Kornblum, Esq by personal service (bg) |
|
|
| 2003-07-14 |
171 |
0 |
Reply (Motion related) |
REPLY by defendant Provider Healthnet to opposition to motion in limine No 1 to exclude testimony and reports of plaintiff's experts Louis Rubino Phd and Andrew B Leeka as unitmely and in violation of Court's scheduling order and request for sanctions against plaintiff and its counsel, or alternatively, to preclude testimony of one as unduly cumulative [84-1] (bg) |
|
|
| 2003-07-14 |
172 |
0 |
Reply (Motion related) |
REPLY by defendant Provider Healthnet to opposition to motion in limine No 2 to exclude any evidence concerning reasonable royalties [85-1] (bg) |
|
|
| 2003-07-14 |
173 |
0 |
Reply (Motion related) |
REPLY by defendant Provider Healthnet to opposition to motion in limine No 3 to exclude any evidence inferences or mention of third party lawsuits involving defendant particularity with Detroit Medical Center [86-1] (bg) |
|
|
| 2003-07-14 |
174 |
0 |
Reply (Motion related) |
REPLY by defendant Provider Healthnet to opposition to motion in limine No 4 to the extent testimony of Health Net's rebuttal expert Louis Rubino PhD is permitted to limit such testimony and exclude admission of his report into evidence [87-1] (bg) |
|
|
| 2003-07-14 |
175 |
0 |
Reply (Motion related) |
REPLY by defendant Provider Healthnet to opposition to motion in limine No 5 to the extent testimony of Health Net's rebuttal expert Andrew Leeka is permitted to limit such testimony and exclude admission of his report into evidence [88-1] (bg) |
|
|
| 2003-07-14 |
176 |
0 |
Reply (Motion related) |
REPLY by defendant Provider Healthnet to opposition to motion in limine No 6 to limit testimony and reports of Thomas N Neches CPA to areas of expertise and not invade province of the Jury [89-1] (bg) |
|
|
| 2003-07-14 |
177 |
0 |
Set Hearings |
MINUTES: In Chambers Final Pretrial Conference and motions in limine hearing vacated , telephone conference re status of shceduling the settlement conference and rescheduling of the pretrial conference and motions in limine set on 3:30 7/16/03 by Judge Lourdes G. Baird CR: Not Present (bg) |
|
|
| 2003-07-14 |
178 |
0 |
Reply (Motion related) |
REPLY by defendant Provider Healthnet to opposition to motion in limine No 8 to preclude plaintiff from introducing into evidence license agreement disclosed for first time on 6/19/03 [91-1] (bg) |
|
|
| 2003-07-14 |
179 |
0 |
Reply (Motion related) |
REPLY by defendant Provider Healthnet to opposition to motion in limine No 9 to exclude evidence of defendant's finances unless and until plaintiff makes necessary showing of infringement and bad faith [92-1] (bg) |
|
|
| 2003-07-14 |
180 |
0 |
Objections - non-motion |
OBJECTIONS filed by defendant Provider Healthnet to document proposed jury instructions [133-1] (bg) |
|
|
| 2003-07-14 |
181 |
0 |
Miscellaneous Document |
PHN'S Time estimates for cross examination (bg) |
|
|
| 2003-07-15 |
182 |
0 |
Order |
PLAINTIFF'S REPLY MEMORANDUM OF POINT AND AUTHORITIES IN FURTHER SUPPORT OF ITS MOTION IN LIMINE NO 1 and 4; ORDER by Judge Lourdes G. Baird granting application for leave to file certain documents under seal pursuant to protective order [154-1] (bg) |
|
|
| 2003-07-14 |
183 |
0 |
Objections - non-motion |
OBJECTIONS filed by defendant Provider Healthnet to document proposed verdict form [135-1] (bg) |
|
|
| 2003-07-14 |
184 |
0 |
Motion Related Document |
Objections to declaration of Ellen S Kornblum submitted with defendant's opposition to Plaintiff's motion in limine No 7 to preclude S Harvey Price from testifying as an expert witness by plaintiff Health Net Inc to (bg) |
|
|
| 2003-07-16 |
187 |
0 |
Set Hearings |
MINUTES: telephone conference held The Court confers with counsel regarding the status of scheduling a settlement conference with the Magistrate Judge. Counesl are ordered to inform the Courtroom deputy, Catherine Jeang, no later than July 17, 2003 with a specific date that the settlement conference is set with the Magistrate Judge by Judge Lourdes G. Baird CR: Deborah Gackle (bg) |
|
|
| 2003-07-22 |
188 |
0 |
Set Hearings |
MINUTES: In Chambers: settlement conference 8:00 7/25/03 in chambers of Judge Woehrle by Discovery Carla M. Woehrle CR: N/A (bg) |
|
|
| 2003-07-21 |
189 |
0 |
Set Hearings |
MINUTES: In Chambers telephone conference set on 1:30 7/22/03 The parties will confirm the date of the settlement conference, if any. The Court will rule on Plaintiff's Motions in Limine 1 & 2 and defendant's motions in limine 2 & 9 by Judge Lourdes G. Baird CR: None Present (bg) |
|
|
| 2003-07-25 |
190 |
0 |
Set Hearings |
MINUTES: In Chambers: No agreement is reached at this time. A further settlement conference is to be scheduled for a date following the pre-trial conference. Counsel are to consult regarding appropriate dates and are to contact the court clerk not later than August 1, 2003, in order to calendar the further settlemet conference settlement conference held by Discovery Carla M. Woehrle CR: N/A (bg) |
|
|
| 2003-07-31 |
191 |
0 |
Stipulation and Order |
STIPULATION and ORDER by Judge Lourdes G. Baird, that Plaintiff will not call Mr Davis to testify at the trial in this action and Defendant agrees not to raise any inference or attempt to raise any inference as a result of the absence of such testimony; withdrawing motion in limine No 7 to exclude testimony and reports of plaintiff's experts Louis Rubino PhD and Andrew B Leeka as untimely and in violation of Court's scheduling order and request for sanctions against plaintiff and its counsel or alternatively to preclude testimony of one as unduly cumulative [90-1] (bg) |
|
|
| 2003-07-31 |
192 |
0 |
Stipulation and Order |
STIPULATION and ORDER REGARDING EVIDENTIARY ISSUES AND THE ADVICE OF COUNSEL by Judge Lourdes G. Baird, PHNS agrees not to call Cahrles Young to testify at the trial in this action and Plaintiff agrees not to raise any inference or attempt to raise any inference as a result of the absence of such testimony (bg) |
|
|
| 2003-07-31 |
193 |
0 |
Set Hearings |
MINUTES: In Chambers Final Pretrial Conference set for 9:30 8/5/03 resetting hearing on motion in limine No 9 to exclude evidence of defendant's finances unless and until plaintiff makes necessary showing of infringement and bad faith [92-1] 9:30 8/5/03, hearing on motion in limine No 8 to preclude plaintiff from introducing into evidence license agreement disclosed for first time on 6/19/03 [91-1] 9:30 8/5/03, hearing on motion in limine No 6 to limit testimony and reports of Thomas N Neches CPA to areas of expertise and not invade province of the Jury [89-1] 9:30 8/5/03, hearing on motion in limine No 5 to the extent testimony of Health Net's rebuttal expert Andrew Leeka is permitted to limit such testimony and exclude admission of his report into evidence [88-1] 9:30 8/5/03, hearing on motion in limine No 4 to the extent testimony of Health Net's rebuttal expert Louis Rubino PhD is permitted to limit such testimony and exclude admission of his report into evidence [87-1] 9:30 8/5/03, hearing on motion in limine No 3 to exclude any evidence inferences or mention of third party lawsuits involving defendant particularity with Detroit Medical Center [86-1] 9:30 8/5/03, hearing on motion in limine No 2 to exclude any evidence concerning reasonable royalties [85-1] 9:30 8/5/03, hearing on motion in limine No 1 to exclude testimony and reports of plaintiff's experts Louis Rubino Phd and Andrew B Leeka as unitmely and in violation of Court's scheduling order and request for sanctions against plaintiff and its counsel, or alternatively, to preclude testimony of one as unduly cumulative [84-1] 9:30 8/5/03, hearing on motion in limine No 11 to preclude defendant from offering the testimony of David M Yerkes at trial [115-1] 9:30 8/5/03, hearing on motion in limine No 10 to preclude defendant from offering the testimony of Larry Schunder as a percipient witness [114-1] 9:30 8/5/03, hearing on motion in limine No 9 to preclude defendant from offering the testimony of Dr Marcia Selz as an expert witness [113-1] 9:30 8/5/03, hearing on motion in limine No 8 to preclude defendant's undisclosed witnesses trom testifying at trial [112-1] 9:30 8/5/03, hearing on motion in limine No 6 to preclude defendant from arguing that plaintiff's trademark is generic [110-1] 9:30 8/5/03, hearing on motion in limine No 5 to preclude defendant from offering the testimony of Arthur Seidel as an expert witness [109-1] 9:30 8/5/03, hearing on motion in limine No 1 for an order and jury instructions shifting the burden to defendant on the issue of likelihood of confusion [105-1] 9:30 8/5/03 by Judge Lourdes G. Baird CR: Not Present (bg) |
|
|
| 2003-08-04 |
194 |
0 |
Order |
ORDER by Judge Lourdes G. Baird granting motion to quash defendant's trial subpoena directed to David M. Yerkes [72-1] (bg) |
|
|
| 2003-08-04 |
195 |
0 |
Set Hearings |
MINUTES: In Chambers further settlement conference 10:00 8/18/03 by Discovery Margaret A. Nagle CR: N/A (bg) |
|
|
| 2003-08-05 |
196 |
0 |
Set Hearings |
MINUTES: In Court Final Pretrial Conference held granting motion in limine No 3 to exclude John Frenzel as an expert; granting motion in limine No 4 to exclude John Frenzel as an expert and/or percipient witness; granting motion in limine No 5 to preclude defendant from offering the testimony of Arthur Seidel as an expert witness [109-1], granting motion in limine No 6 to preclude defendant from arguing that plaintiff's trademark is generic [110-1], granting motion in limine No 8 to preclude defendant's undisclosed witnesses trom testifying at trial [112-1], granting motion in limine No 9 to preclude defendant from offering the testimony of Dr Marcia Selz as an expert witness [113-1], granting motion in limine No 11 to preclude defendant from offering the testimony of David M Yerkes at trial [115-1], finding the motion in limine No 1 to exclude testimony and reports of plaintiff's experts Louis Rubino Phd and Andrew B Leeka as unitmely and in violation of Court's scheduling order and request for sanctions against plaintiff and its counsel, or alternatively, to preclude testimony of one as unduly cumulative [84-1] moot., granting motion in limine No 3 to exclude any evidence inferences or mention of third party lawsuits involving defendant particularity with Detroit Medical Center [86-1], finding the motion in limine No 4 to the extent testimony of Health Net's rebuttal expert Louis Rubino PhD is permitted to limit such testimony and exclude admission of his report into evidence [87-1] moot., finding the motion in limine No 5 to the extent testimony of Health Net's rebuttal expert Andrew Leeka is permitted to limit such testimony and exclude admission of his report into evidence [88-1] moot., GRANT in part DENY in part motion in limine No 6 to limit testimony and reports of Thomas N Neches CPA to areas of expertise and not invade province of the Jury [89-1], granting motion in limine No 8 to preclude plaintiff from introducing into evidence license agreement disclosed for first time on 6/19/03 [91-1], sched. jury trial set on 9/9/03; status conference set for 3:30 9/3/03 by Judge Lourdes G. Baird CR: Mark Schweitzer (bg) |
|
|
| 2003-08-18 |
197 |
0 |
Set Hearings |
MINUTES: In Chambers settlement conference held No agreement is reached at this time. The Court will contact ocunsel telephonically regarding settlement status and will determine whether a further confernece should be schelduled in advance of trial by Discovery Carla M. Woehrle CR: N/A (bg) |
|
|
| 2003-08-26 |
198 |
0 |
APPEAL - event converted from ICMS |
RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 08/05/03. CR: Mark Schweitzer. (cbr) |
|
|
| 2003-08-27 |
199 |
0 |
Ex Parte Application for Order |
EX PARTE APPLICATION filed by defendant Provider Healthnet for order shortening time on motion for reconsideration of order granting plaintiff's motion in limine no 8 re Sloan , or alternatively for clarification of order (bg) |
|
|
| 2003-08-27 |
200 |
0 |
Declaration (Motion related) |
DECLARATION of Heather L McCloskey re Notice by defendant Provider Healthnet re ex parte application for order shortening time on motion for reconsideration of order granting plaintiff's motion in limine no 8 re Sloan [199-1], ex parte application for clarification of order [199-2] (bg) |
|
|
| 2003-08-27 |
201 |
0 |
Declaration (Motion related) |
DECLARATION of Heather L McCloskey re notice by defendant Provider Healthnet re ex parte application for order shortening time on motion for reconsideration of order granting plaintiff's motion in limine no 8 re Sloan [199-1], ex parte application for clarification of order [199-2] (bg) |
|
|
| 2003-08-28 |
202 |
0 |
Response in Opposition to Motion |
MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION by plaintiff Health Net Inc to ex parte application for order shortening time on motion for reconsideration of order granting plaintiff's motion in limine no 8 re Sloan [199-1], ex parte application for clarification of order [199-2] (bg) |
|
|
| 2003-08-28 |
203 |
0 |
Miscellaneous Document |
PROPOSED SPECIAL JURY INSTRUCTIONS filed by plaintiff Health Net Inc (bg) |
|
|
| 2003-08-28 |
204 |
0 |
Exhibit List |
SECOND AMNEDED JOINT TRIAL EXHIBIT list (bg) |
|
|
| 2003-08-28 |
205 |
0 |
Stipulation for Miscellaneous |
ADDITIONAL STIPULATED facts (bg) |
|
|
| 2003-08-28 |
206 |
0 |
Miscellaneous Document |
JOINT PROPOSED JURY INSTRUCTIONS filed (bg) |
|
|
| 2003-08-28 |
207 |
0 |
Miscellaneous Document |
PHNS' SPECIAL VERDICT FORM (bg) |
|
|
| 2003-08-28 |
208 |
0 |
Miscellaneous Document |
AMENDED TIME ESTIMATES FOR CROSS EXAMINATION (bg) |
|
|
| 2003-08-28 |
209 |
0 |
Miscellaneous Document |
PHNS" AMENDED DESCRIPTION OF DIRECT TESTIMONY AND TIME ESTIMATES (bg) |
|
|
| 2003-08-28 |
210 |
0 |
Objections - non-motion |
EVIDENTIARY OBJECTIONS filed by defendant Provider Healthnet to plaintiff's exhibits (bg) |
|
|
| 2003-08-28 |
211 |
0 |
Miscellaneous Document |
PROPOSED AMENDED AND REVISED JURY INSTRUCTIONS filed by defendant Provider Healthnet (bg) |
|
|
| 2003-08-28 |
212 |
0 |
Objections - non-motion |
OBJECTIONS filed by defendant Provider Healthnet to document proposed special instructions [203-1] (bg) |
|
|
| 2003-08-28 |
213 |
0 |
Miscellaneous Document |
PROPOSED AMENDED JURY VERDICT FORM filed by plaintiff Health Net Inc (bg) |
|
|
| 2003-08-28 |
214 |
0 |
Objections - non-motion |
OBJECTIONS filed by plaintiff Health Net Inc to proposed special verdict form [207-1] (bg) |
|
|
| 2003-08-28 |
215 |
0 |
Objections - non-motion |
OBJECTIONS filed by plaintiff Health Net Inc to second amended joint trial exhibit list [204-1] (bg) |
|
|
| 2003-08-27 |
216 |
0 |
Motion for Reconsideration |
NOTICE OF MOTION AND MOTION by defendant Provider Healthnet for reconsideration of ruling on motin in limine no 8 re Deborah Sloan Testimony , or in the alternative for for clarification of order Kornblum and Sloan declarations. ; motion hearing set for 10:00 10/27/03 (yc) |
|
|
| 2003-08-28 |
217 |
0 |
Supplement (non-motion) |
SUPPLEMENT by plaintiff Health Net Inc, memorandum of points & authorities re Legal Issues in joint proposed jury instructions. (yc) |
|
|
| 2003-08-28 |
218 |
0 |
Objections - non-motion |
OBJECTIONS filed by plaintiff Health Net Inc to s provider Healthnet service proposed jury instructions. (yc) |
|
|
| 2003-08-28 |
219 |
0 |
Brief (non-motion non-appeal) |
Revised BRIEF FILED by plaintiff Health Net Inc summary of witness testimony for plaintiff's case-in-chief with revised time estimates for direct examinatin. (yc) |
|
|
| 2003-08-28 |
220 |
0 |
Miscellaneous Document |
Revised time estimates for cross examination of defendants witnesses. (yc) |
|
|
| 2003-09-02 |
221 |
0 |
Trial Brief |
TRIAL briefs submitted by plaintiff Health Net Inc (bg) |
|
|
| 2003-09-02 |
222 |
0 |
Trial Brief |
TRIAL briefs submitted by defendant Provider Healthnet, counter-claimant Provider Healthnet (bg) |
|
|
| 2003-09-02 |
223 |
0 |
NOTICE - event converted from ICMS |
NOTICE by defendant Provider Healthnet of deposition designations and defendant's objections to Health Net, Inc.'s deposition designations (bg) |
|
|
| 2003-09-03 |
224 |
0 |
NOTICE - event converted from ICMS |
NOTICE of lodging depositions for use at trial by defendant Provider Healthnet. Lodged transcript w/CRD (bg) |
|
|
| 2003-08-29 |
225 |
0 |
MINUTES - event converted from ICMS |
MINUTES: In Chambers: denying ex parte application for order shortening time on motion for reconsideration of order granting plaintiff's motion in limine no 8 re Sloan [199-1], granting ex parte application for clarification of order [199-2] The court clarifies its order as follows: Plaintiff may call Ms Sloan as a witness in its case-in-chief throughd eposition testimony as provided in its witness list. Defendant may call Ms Sloan as a witness through deposition in its case-in-chief to explain or clarify the depositon testimony presented by Plaintiff. Any further use of Ms Sloan's testimony for rebuttal or rehabilitation shall be decied at trial by Judge Lourdes G. Baird CR: None Present (bg) |
|
|
| 2003-08-29 |
226 |
0 |
MINUTES - event converted from ICMS |
MINUTES: In Chambers: denying motion for reconsideration of ruling on motin in limine no 8 re Deborah Sloan Testimony [216-1], The Court by minute order on August 29, 2003 granted defendant's motion for clarification of order Kornblum and Sloan declarations. [216-2] The Court vacates the October 27, 2003 hearing date for the Motion for Reconsideration by Judge Lourdes G. Baird CR: None Present (bg) |
|
|
| 2003-08-05 |
227 |
0 |
Pretrial Conference Order - Final |
PRE-TRIAL CONFERENCE ORDER approved by Judge Lourdes G. Baird (bg) |
|
|
| 2003-09-04 |
228 |
0 |
NOTICE - event converted from ICMS |
NOTICE of lodging depositions for use at trial by plaintiff Health Net Inc. lodged deposition (bg) |
|
|
| 2003-09-04 |
229 |
0 |
NOTICE - event converted from ICMS |
NOTICE by plaintiff Health Net Inc of deposition designations and plaintiff's objections to PHNS' deposition designations (bg) |
|
|
| 2003-09-03 |
230 |
0 |
Set Hearings |
MINUTES: In Court status conference held Counsel shall meet and confer to resolve issues related to the admissibility of exhibits by Judge Lourdes G. Baird CR: Mark Schweizer (bg) |
|
|
| 2003-09-05 |
231 |
0 |
NOTICE - event converted from ICMS |
NOTICE OF LODGING Depositions For Use At Trial by plaintiff Health Net Inc (yl) |
|
|
| 2003-09-08 |
232 |
0 |
Exhibit List |
THIRD AMENDED JOINT TRIAL EXHIBIT list (mch) |
|
|
| 2003-09-08 |
233 |
0 |
Reply (non-motion) |
REPLY by plaintiff Health Net Inc to defendants trial brief [222-1] (mch) |
|
|
| 2003-09-08 |
234 |
0 |
Response (non-motion) |
RESPONSE by defendant, counter-claimant Provider Healthnet to plaintiffs Evidentiary Objections (mch) |
|
|
| 2003-09-08 |
235 |
0 |
Objections - non-motion |
EVIDENTIARY OBJECTIONS filed by defendant, counter-claimant Provider Healthnet to plaintiffs Exhibits (mch) Modified on 09/09/2003 |
|
|
| 2003-09-08 |
236 |
0 |
Statement |
STATEMENT IN OPPOSITION by plaintiff Health Net Inc to defendants Objections to plaintiffs Exhibits and Graphics [235-1] (mch) |
|
|
| 2003-09-09 |
237 |
0 |
Jury Trial - Begun |
MINUTES: 1st Day Jury Trial ; Jury impaneled and sworn. Opening statements made by plaintiff and defendant. Witnesses called, sworn and testified. Exhibits identified. Exhibits admitted. Case continued to September 10, 2003 at 8:30 a.m. for further trial. by Judge Lourdes G. Baird CR: Mark Schweitzer (shb) |
|
|
| 2003-09-10 |
238 |
0 |
Set Hearings |
MINUTES by Judge Lourdes G. Baird: 2nd Day Jury Trial. Witnesses called, sworn & testified. Exhibits identified. Exhibits admitted. Case continued to 9/11/03 at 8:00 for further trial . All jurors are present. Defendant's request for confirmation that it may present impeachment witnesses is denied. Plaintiff calls the following witnesses: Dr. Sandra Cogan, Christine Sparmer & David Olson. Plaintiff plays video deposition of testimony of witnesses Richard Kneipper & Deborah Savarese Sloan. Portions of deposition transcript are read into the record and depositions of all these witnesses filed; CR: Mark Schweitzer (mg) |
|
|
| 2003-09-10 |
239 |
0 |
Voir Dire Questions (Given) |
VOIR DIRE QUESTIONS (el) |
|
|
| 2003-09-12 |
240 |
0 |
Set Hearings |
MINUTES by Judge Lourdes G. Baird: 4th Day Jury Trial. Witnesses called, sworn & testified. Exhibits identified and admitted. Case continued to 9/16/03 at 8:00 for further jury trial . All jurors are present. Defense counsel continues direct examination with witness Mr. Richard Kneipper. Portions of deposition transcript are read into the record of witnesses William Cronin & Deborah Savarese Sloan. Defense rest. Proposed jury instructions discussed. CR: Mark Schweitzer (mg) |
|
|
| 2003-09-11 |
241 |
0 |
MINUTES - event converted from ICMS |
MINUTES by Judge Lourdes G. Baird: 3rd Day Jury Trial. Witnesses called, sworn & testified. Exhibits identified & admitted. Case continued to 9/12/03 at 8:00 for further trial. Filed voir dire questions. CR: Mark Schweitzer (mg) |
|
|
| 2003-09-15 |
242 |
0 |
Declaration (non-motion) |
POINTS AND AUTHORITIES by defendant Provider Healthnet in support of limiting California causes of action to conduct occurring in California (bg) |
|
|
| 2003-09-15 |
243 |
0 |
Response (non-motion) |
RESPONSIVE POINTS AND AUTHORITIES re: Jury Instruction Nos 19 and 36 by defendant Provider Healthnet (bg) |
|
|
| 2003-09-15 |
244 |
0 |
Motion for Judgment/Renewal of Judgment |
RULE 50 MOTION by defendant Provider Healthnet for judgment as a matter of law on Plaintiff's Trade-Mark infringement claims, for lack of evidence of confusion ; motion hearing set for 7:30 9/16/03 (bg) |
|
|
| 2003-09-15 |
245 |
0 |
Motion for Judgment/Renewal of Judgment |
RULE 50 MOTION by defendant Provider Healthnet for judgment as a matter of law on Plaintiff's state law claims motion hearing set for 7:30 9/16/03 (bg) |
|
|
| 2003-09-15 |
246 |
0 |
Objections - non-motion |
OBJECTIONS filed by defendant Provider Healthnet to plaintiff's revised jury verdict forms [213-1] (bg) |
|
|
| 2003-09-15 |
247 |
0 |
Miscellaneous Document |
SECOND AMENDED PROPOSED JURY VERDICT FORM filed by plaintiff Health Net Inc (bg) |
|
|
| 2003-09-16 |
248 |
0 |
Order |
NOTICE OF COURT ORDER that a bailiff or matron be present to provide security for the jury during its deliberation. Said bailiff or matron shall be present in the courtroom to take charge of the jury on September 16, 2003 at 11:00am. This order shall remain in effect until the jury is discharged and/or the bailiff or matron is executed by the court (bg) |
|
|
| 2003-09-16 |
249 |
0 |
Request for Ruling |
REQUEST filed by plaintiff Health Net Inc for ruling on Plaintiff's Motion in limine No 2 (bg) |
|
|
| 2003-09-16 |
250 |
0 |
Motion for Judgment/Renewal of Judgment |
RULE 50 MOTION by defendant Provider Healthnet for judgment as a matter of law on plaintiff's trade-mark infringement claims, based on Laches motion hearing set for 7:30 9/16/03 (bg) |
|
|
| 2003-09-16 |
251 |
0 |
Supplement (non-motion) |
SUPPLEMENTAL OBJECTION by defendant Provider Healthnet re plaintiff's revised jury verdict forms [247-1] (bg) |
|
|
| 2003-09-16 |
252 |
0 |
Response in Opposition to Motion |
OPPOSITION by plaintiff Health Net Inc to motion for judgment as a matter of law on plaintiff's trade-mark infringement claims, based on Laches [250-1] (bg) |
|
|
| 2003-09-16 |
253 |
0 |
Set Hearings |
MINUTES: 5th Day Jury Trial: Closing arguments made by plaintiff and defendant. Court instructs jury. Bailiff/matron sworn. Jury Retires to deliberate. The Court denies defendant's oral motion for reconsideration on this Court's ruling on plaintiff's motions in limine nos 3, 4, 7 and 10. Plaintiff's request for ruling on the motions in limine no 2 which is under submission. The Court orders further filing son plaintiff's motion in limine no 2 on or before 7:45am on September 17, 2003, with conformed copies to chambers jury trial continued to 8:00 9/17/03 by Judge Lourdes G. Baird CR: Mark Schweitzer (bg) |
|
|
| 2003-09-17 |
254 |
0 |
Response in Opposition to Motion |
OPPOSITION by plaintiff Health Net Inc to motion for judgment as a matter of law on Plaintiff's state law claims [245-1] (bg) |
|
|
| 2003-09-17 |
255 |
0 |
Response in Opposition to Motion |
OPPOSITION by plaintiff Health Net Inc to motion for judgment as a matter of law on Plaintiff's Trade-Mark infringement claims, for lack of evidence of confusion [244-1] (bg) |
|
|
| 2003-09-17 |
256 |
0 |
Response in Opposition to Motion |
OPPOSITION by plaintiff Health Net Inc to Rule 50 motion for judgment as a matter of law on plaintiff's trademark infringement claims, for lack of damages evidence (bg) |
|
|
| 2003-09-17 |
257 |
0 |
Jury Notes |
JURY NOTES number 1 filed (bg) |
|
|
| 2003-09-17 |
258 |
0 |
Jury Notes |
JURY NOTES number 2 filed (bg) |
|
|
| 2003-09-17 |
259 |
0 |
Jury Notes |
JURY NOTES number 3 filed (bg) |
|
|
| 2003-09-17 |
260 |
0 |
Jury Verdict |
SPECIAL VERDICT-LIABILITY (bg) |
|
|
| 2003-09-17 |
261 |
0 |
Exhibit List |
List of EXHIBITS AND WITNESSES (bg) |
|
|
| 2003-09-17 |
262 |
0 |
Receipt for Release of Exhibits to Counsel upon Verdict/Judgment at Trial (G-38) |
RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Purs to stip of cnsl and/or by Ord of Crt, all exhibits are returned to cnsl for respective party(ies) (bg) |
|
|
| 2003-09-17 |
263 |
0 |
Response in Opposition to Motion |
OPPOSITION by defendant Provider Healthnet to motion in limine No 2 to exclude any evidence concerning reasonable royalties [85-1] (bg) |
|
|
| 2003-09-17 |
264 |
0 |
Jury Instructions (Given) |
JURY INSTRUCTIONS submitted (bg) |
|
|
| 2003-09-18 |
265 |
0 |
APPEAL - event converted from ICMS |
RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 9/3/03 (Re: ) CR: Mark Schweitzer (pjap) |
|
|
| 2003-09-19 |
266 |
0 |
APPEAL - event converted from ICMS |
RECEIPT OF TRANSCRIPT of proceedings for the following date(s): 9/9/03 a.m.,9/9/03 p.m.,9/10/03 a.m., 9/10/03 p.m.,9/11/03,9/12/03,9/16/03,9/17/03 (Re:) CR: Mark Schweitzer. (ghap) |
|
|
| 2003-09-17 |
267 |
0 |
Jury Trial - Completed |
MINUTES: 6th day jury trial held 9/17/03 Jury special verdict in favor of defendant is read and filed. Jury polled. Filed jury notes. Filed witness and exhibit list. Filed jury instructions by Judge Lourdes G. Baird CR: Mark Schweitzer (bg) |
|
|
| 2003-09-25 |
268 |
0 |
Motion for Judgment/Renewal of Judgment |
TRIAL MOTION by plaintiff Health Net Inc for judgment as a matter of law on plaintiff's claims of trademark infirngement, dilution and unfair business practices and for an injunction against defendant (bg) |
|
|
| 2003-09-25 |
269 |
0 |
Declaration (Motion related) |
DECLARATION of Elizabeth Barrowman Gibson in support by plaintiff Health Net Inc re motion for judgment as a matter of law on plaintiff's claims of trademark infirngement, dilution and unfair business practices and for an injunction against defendant [268-1] (bg) |
|
|
| 2003-09-25 |
270 |
0 |
Declaration (Motion related) |
DECLARATION of Katherine J Kunberger in support by plaintiff Health Net Inc re motion for judgment as a matter of law on plaintiff's claims of trademark infirngement, dilution and unfair business practices and for an injunction against defendant [268-1] (bg) |
|
|
| 2003-09-25 |
271 |
0 |
MINUTES - event converted from ICMS |
MINUTES: In Chambers: setting hearing on motion for judgment as a matter of law on plaintiff's claims of trademark infirngement, dilution and unfair business practices and for an injunction against defendant [268-1] 10:00 11/17/03; The briefing schedule shall be as follows: Oppositions are to be filed on or before October 13, 2003. Replies (optional) are to be filed on or before October 20, 2003 by Judge Lourdes G. Baird CR: Not Present (bg) |
|
|
| 2003-09-25 |
272 |
0 |
Objections - non-motion |
OBJECTIONS filed by plaintiff Health Net Inc to defendant Provider Healthnet Services Inc proposed judgment on jury verdict (bg) |
|
|
| 2003-09-25 |
273 |
0 |
Proof of Service (subsequent documents) |
PROOF OF SERVICE by plaintiff Health Net Inc on 9/24/03 of Motion for judgment as a matter of law; declarations and proof of service served James Hicks, Esq by personal service (bg) |
|
|
| 2003-10-14 |
274 |
0 |
Response in Opposition to Motion |
OPPOSITION by defendant Provider Healthnet to motion for judgment as a matter of law on plaintiff's claims of trademark infirngement, dilution and unfair business practices and for an injunction against defendant [268-1] (bg) |
|
|
| 2003-10-16 |
275 |
0 |
Application for Appearance Pro Hac Vice |
APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for defendant Provider Healthnet by Donald B Ayer. Designating James B Hicks as local counsel. Approved by Judge Lourdes G. Baird. (Fee pd) (bg) |
|
|
| 2003-10-16 |
276 |
0 |
Application for Appearance Pro Hac Vice |
APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case filed for defendant Provider Healthnet by Allyson P Newton. Designating James B Hicks as local counsel. Approved by Judge Lourdes G. Baird . (Fee pd) (bg) |
|
|
| 2003-10-17 |
277 |
0 |
Order on Motion to Extend |
STIPULATION and ORDER by Judge Lourdes G. Baird that Plaintiff Health Net Inc shall have up to and encluding October 22, 2003 to file and serve its reply to defendant's opposition to plaintiff Health Net's Trial Motion for Judgment as a matter of law on Plaintiff's claims of trademark infringement, dilution and unfair business practices and for an injunction against defendant (bg) |
|
|
| 2003-10-22 |
278 |
0 |
Reply (Motion related) |
REPLY by plaintiff Health Net Inc to opposition response to motion for judgment as a matter of law on plaintiff's claims of trademark infirngement, dilution and unfair business practices and for an injunction against defendant [268-1] (bg) |
|
|
| 2003-11-17 |
279 |
0 |
MINUTES - event converted from ICMS |
MINUTES: that the motion for judgment as a matter of law on plaintiff's claims of trademark infirngement, dilution and unfair business practices and for an injunction against defendant [268-1] is submitted. The Court shall prepare and issue a final order. Tentative order provided by Judge Lourdes G. Baird CR: Mark Schweitzer (bg) |
|
|
| 2003-11-25 |
280 |
0 |
Terminated Case |
ORDER by Judge Lourdes G. Baird denying motion for judgment as a matter of law on plaintiff's claims of trademark infirngement, dilution and unfair business practices and for an injunction against defendant [268-1] terminating case (MD JS-6) (bg) |
|
|
| 2003-11-24 |
281 |
0 |
Motion Related Document |
Notice of lodging of supplemental letters by defendant Provider Healthnet to motion for judgment as a matter of law on plaintiff's claims of trademark infirngement, dilution and unfair business practices and for an injunction against defendant [268-1] (bg) |
|
|
| 2003-12-11 |
282 |
0 |
Order on Motion for Judgment |
JUDGMENT ON JURY VERDICT by Judge Lourdes G. Baird against plaintiff Health Net Inc. It is ordered that PHNS is entitled to judgment against Health Net Inc as follows: PHNS is not liable to Health Net on any of the claims stated in Health Net's complaint, including those for trademark infringement, trademark dilution, unfair business practices. PHNS shall recover its costs in the amount of $ to be determined. Health Net shall recover nothing on its claims. PHNS' declaratory relief claim is dismissed as moot in light of the jury verdict in pHNS' favor. All relief not expressly granted is denied (bg) |
|
|
| 2003-12-24 |
283 |
0 |
Motion for Judgment/Renewal of Judgment |
NOTICE OF MOTION AND MOTION by plaintiff Health Net Inc for judgment as a matter of law under Rule 50(b) Memorandum of points and authorities motion hearing set for 10:00 2/9/04 Lodged proposed order (bg) |
|
|
| 2003-12-24 |
284 |
0 |
Motion for New Trial |
NOTICE OF MOTION AND MOTION by plaintiff Health Net Inc for new trial on plaintiff's claims of trademark infringement, dilution and unfair business practices motion hearing set for 10:00 2/9/04 (bg) |
|
|
| 2003-12-24 |
285 |
0 |
Memorandum in Support of Motion |
MEMORANDUM IN SUPPORT by plaintiff Health Net Inc of motion for new trial on plaintiff's claims of trademark infringement, dilution and unfair business practices [284-1] (bg) |
|
|
| 2003-12-24 |
286 |
0 |
Declaration (Motion related) |
DECLARATION of Katherine J Kunberger in support by plaintiff Health Net Inc re motion for new trial on plaintiff's claims of trademark infringement, dilution and unfair business practices [284-1] (bg) |
|
|
| 2003-12-24 |
287 |
0 |
Proof of Service (subsequent documents) |
PROOF OF SERVICE by plaintiff Health Net Inc on 12/24/03 of Notice of motion for new trial on plaintiff's claims of trademark infringement dilution and unfair business practices; memorandum in support; declaration; proposed order and Notice of motion and motion for judgment as a matter of law served James Hicks, Esq by personal service (bg) |
|
|
| 2003-12-24 |
288 |
0 |
Stipulation and Order |
STIPULATION and ORDER RE BRIEFING SCHEDULE by Judge Lourdes G. Baird. Plaintiff shall file and personally serve its motion on Wednesday, December 24, 2003, setting the hearing date for february 9, 2004, or as soon thereafter as the Court's calendar can accommodate the motion. Defendant's opposition to the motion will be filed and personally served on January 9, 2004, and Plaintiff's reply to the motion will be filed and personally served on January 20, 2004, as January 19, 2004 is court holiday (bg) |
|
|
| 2004-01-09 |
289 |
0 |
MEMORANDUM in Opposition to Motion |
Opposition to Plaintiff Health Net's Second Rule 50(b) Motion for Judgment[283] filed by Defendant Provider Healthnet Services Inc. (bg, ) |
|
|
| 2004-01-09 |
290 |
0 |
MEMORANDUM in Opposition to Motion |
Opposition to Plaintiff Health Net's Rule 50 Motion for New Trial[284] filed by Defendant Provider Healthnet Services Inc. McCloskey Declaration; Exhibits (bg, ) |
|
|
| 2004-01-20 |
291 |
0 |
Reply (Motion related) |
REPLY to opposition to Motion for New Trial on plaintiff's claims of trademark infringement, dilution and unfair business practices [284] filed by Plaintiff Health Net Inc. (bg, ) |
|
|
| 2004-02-10 |
292 |
0 |
Order |
ORDER by Judge Lourdes G. Baird denying Rule 50 Motion for Judgment as a matter of law [283], denying Rule 59 Motion for New Trial[284] (bg, ) |
|
|
| 2004-02-05 |
293 |
0 |
In Chambers Conference |
MINUTES OF In Chambers Conference held before Judge Lourdes G. Baird : Order by Judge Lourdes G. Baird taking under submission Motion for New Trial [284] Court Reporter: Mark Schweizer. (shb, ) |
|
|
| 2004-03-02 |
294 |
0 |
Stipulation for Costs |
STIPULATION for Costs filed by Defendant and Plaintiff Health Net Inc, Provider Healthnet Services Inc. The Court shall enter an order awarding costs in the amount of $14,098.46 which included costs of $10,667.75 for court reporter fees, $162.20 for fees and disbursements for printing; $3,153.20 for witness fees and $115.31 for costs of exhibits (bg, ) |
|
|
| 2003-12-24 |
295 |
0 |
Application to the Clerk to Tax Costs |
NOTICE OF APPLICATION to the Clerk to Tax Costs Health Net Inc re: Order on Motion for Judgment,, [282], filed by Defendant/Counterclaimant Provider Healthnet Services Inc, Health Net Inc. Application set for hearing on 1/8/2004 10:00 at AM. Lodged Bill of Cost. (bg, ) |
|
|
| 2003-12-24 |
296 |
0 |
Declaration (non-motion) |
DECLARATION of Heather L McCloskey regarding itemization and explanation of costs re APPLICATION to the Clerk to Tax Costs Health Net Inc re: Order on Motion for Judgment,, [282],[295] filed by Defendant Provider Healthnet Services Inc. (bg, ) |
|
|
| 2004-03-11 |
297 |
0 |
Notice of Appeal to 9th Circuit Court of Appeals |
NOTICE OF APPEAL to 9th CCA filed by Plaintiff Health Net Inc. Appeal of Order on Motion for Judgment [282], Filed On: 12/11/03; Order [292], Filed On: 2/10/04; Entered On: 2/13/04; Order [280], Filed On: 11/25/03; Entered On: 11/26/03; Filing fee $255, Paid receipt number 60918. cc: Rod S. Berman; Ervin, Cohen and Jessup; Donald B. Ayer. (weap, ) |
|
|
| 2004-03-11 |
298 |
0 |
Notice of Appeal to 9th Circuit Court of Appeals |
NOTICE OF APPEAL to 9th CCA filed by Plaintiff Health Net Inc. Appeal of Order on Motion for Judgment, [282], Filed On: 12/11/03; Order, [280] Filed On: 11/25/03; Entered On: 11/26/03; Filing fee $255, Paid receipt number 61018. cc: Robert A. Olson; Jeffer, Mangels, Butler and Marmaro; Ervin, Cohen and Jessup; Donald B. Ayer. (weap, ) |
|
|
| 2003-12-31 |
299 |
0 |
Notice (Other) |
RE-NOTICE of application to the clerk to tax costs changing hearing date from 1/8/04 to 1/14/04 filed by Defendant/Counterclaimant Provider Healthnet Services Inc. (bg, ) |
|
|
| 2003-12-31 |
300 |
0 |
Objections - non-motion |
OBJECTIONS to APPLICATION to the Clerk to Tax Costs Health Net Inc re: Order on Motion for Judgment,, [282],[295] filed by Plaintiff Health Net Inc. (bg, ) |
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| 2004-01-07 |
301 |
0 |
Response (non-motion) |
RESPONSE filed by Defendant Provider Healthnet Services Inc to APPLICATION to the Clerk to Tax Costs Health Net Inc re: Order on Motion for Judgment,, [282],[295] (bg, ) |
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| 2004-03-02 |
302 |
0 |
Bill of Costs (CV-59) |
BILL OF COSTS. Costs Taxed in amount of $ 14,098.46 in favor of Provider HealthNet Services Inc and against Health Net Inc. RE: Order on Motion for Judgment, [282] (bg, ) |
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| 2004-03-29 |
303 |
0 |
(TERMED) Transcript Designation and Order Form to the 9th CCA (A-9) |
TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 7/02/03 Telephone hearing re Motion to exclude Testimony, 8/5/03 Final Pretrial Conference, 9/9/03 1st Day Jury Trial, 9/10/03 2nd Day Jury Trial, 9/11/03 3rd Day Jury Trial, 9/12/03 4th Day Jury Trial, 9/16/03 5th Day Jury Trial, 9/17/03 6th Day Jury Trial, 11/17/03 Motion for judgment; 2/5/04 Motion for judgment, Motion for new Trial; Court Reporter: Mark Schwietzer; Re: Appeal to Circuit Court, [297] (weap, ) |
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| 2004-04-05 |
304 |
0 |
9th CCA Assigned Case Number Notice |
NOTIFICATION by Circuit Court of Appellate Docket Number 04-55523, 9th CCA regarding Appeal to Circuit Court, [297] filed by Health Net Inc. (weap, ) |
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| 2004-04-05 |
305 |
0 |
9th CCA Assigned Case Number Notice |
NOTIFICATION by Circuit Court of Appellate Docket Number 04-55524, 9th CCA regarding Appeal to Circuit Court, [298] filed by Health Net Inc. (weap, ) |
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| 2004-04-14 |
306 |
0 |
USCA Mandate |
MANDATE of 9th CCA filed as to Appeal to Circuit Court, [297], CCA # 04-55523. The appeal is dismissed. Mandate received in this district on 4/16/04. (weap, ) |
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| 2004-05-17 |
307 |
0 |
Substitution of Attorney (Form G-1) |
Substitution of Attorney filed. Substituting attorney Richard H Zaitlen for Health Net Inc, Anthony J Stanley for Health Net Inc in place and stead of attorney Rod S Berman by Judge Lourdes G. Baird. (bg, ) |
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| 2004-05-19 |
308 |
0 |
Receipt of Reporters Transcript (G-80) |
RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 7/2/03, 11/17/03 Court Reporter: Mark Schweitzer. (ghap, ) |
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| 2004-05-28 |
309 |
0 |
USCA Order |
ORDER from 9th CCA filed as to Appeal to Circuit Court, [298] filed by Health Net Inc, CCA # 04-55524. Order received in this district on 06/01/04. Court will initiate a further conference on 06/25/04, at 10:00 a.m. Pacific Time. See document for details. (cbr, ) |
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| 2004-09-16 |
310 |
0 |
USCA Mandate |
MANDATE of 9th CCA filed as to Appeal to Circuit Court, [297], CCA # 04-55524. The appeal is dismissed without prejudice to its reinstatement in the event federal district court declines to enter order vacating judgment entered 12/11/03. Mandate received in this district on 09/21/04. (wdc, ) |
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| 2004-09-24 |
311 |
0 |
Motion to Dismiss Case |
NOTICE OF AND JOINT MOTION for Order vacating judgment and MOTION to Dismiss Action filed by Health Net Inc, Provider Healthnet Services Inc. Memorandum of points and authorities Motion set for hearing on 11/8/2004 at 10:00 AM before Honorable Lourdes G. Baird. Lodged order. (bg, ) |
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| 2004-09-24 |
312 |
0 |
Declaration (Motion related) |
DECLARATION of Richard Kneipper and Philip Davis in support re MOTION for order vacating judgment and MOTION to Dismiss Action[311] filed by plaintiff/defendant Health Net Inc, Provider Healthnet Services Inc. (bg, ) |
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| 2004-10-26 |
313 |
0 |
Order |
ORDER VACATING The December 11, 2003 Judgment by Judge Lourdes G. Baird. Good Cause Appearing and pursuant to FRCP Rule 60, It is Hereby Ordered that the Judgment entered on 12/11/03 [282] in this action is hereby VACATED.(nhac, ) |
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| 2004-10-25 |
314 |
0 |
In Chambers Conference |
MINUTES (In Chambers): Order by Judge Lourdes G. Baird. The Court is in receipt of the parties Joint Motion for Order Vacating Judgment and Dismissing Action [311], scheduled for hearing on 11/8/04 at 10:00 am. Pursuant to FRCP 78 and Local Rule 7-15, the court hereby dispenses with oral argument on the motion and will decide on the basis of the papers submitted. Therefore, the parties are not to appear before this Court on 11/8/04 at 10:00 am. Court Reporter: None Present. (nhac, ) |
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| 2004-11-08 |
315 |
0 |
Stipulation and Order |
STIPULATION AND ORDER by Judge Lourdes G. Baird that, upon the Courts entry of its Order vacating the Judgment, this action, in its entirety and including all claims and counterclaims, should be and hereby is DISMISSED with Prejudice, with all parties to bear their own costs and attorneys fees.(nhac, ) |
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