Nichols et al v. eHealthInsurance Services, Inc.
| California Northern District Court | |
| Judge: | Eumi K Lee |
| Case #: | 5:23-cv-06720 |
| Nature of Suit | 485 Other Statutes - Telephone Consumer Protection Act |
| Cause | 47:227 Restrictions of Use of Telephone Equipment |
| Case Filed: | Dec 29, 2023 |
| Last checked: Saturday Jun 29, 2024 2:57 AM PDT |
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Defendant
eHealthInsurance Services, Inc.
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Represented By
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Plaintiff
Thomas Matthews
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Represented By
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Plaintiff
Terri Nichols
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Represented By
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| Docket last updated: 02/21/2025 11:59 PM PST |
| Tuesday, February 18, 2025 | ||
| 46 | 46
notice
Notice of Voluntary Dismissal
Tue 02/18 11:40 AM
NOTICE of Voluntary Dismissal of Plaintiff Terri Nichols only without prejudice by Terri Nichols (Amini, Mona) |
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| Wednesday, October 23, 2024 | ||
| 45 | 45
3
pgs
order
Order ~Util - Set Deadlines/Hearings Order Referring Case to Private ADR
Wed 10/23 6:24 PM
CASE MANAGEMENT & SCHEDULING ORDER. ORDER REFERRING CASE to Private ADR. Signed by Judge Eumi K. Lee on 10/23/2024. (lrt, COURT STAFF) |
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utility
Case Referred to Private ADR
Wed 10/23 6:25 PM
CASE REFERRED to Private ADR. (lrt, COURT STAFF) |
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| Tuesday, October 22, 2024 | ||
| 44 | 44
minutes
Motion Hearing Case Management Conference - Initial Order on Motion to Bifurcate Order on Motion to Stay
Tue 10/22 4:29 PM
Minute Entry for proceedings held before Judge Eumi K Lee: Motion Hearing held on 10/22/2024 re 14 MOTION to Dismiss filed by eHealthInsurance Services, Inc, 15 MOTION to Strike Class Allegations filed by eHealthInsurance Services, Inc., 16 MOTION to Bifurcate Discovery filed by eHealthInsurance Services, Inc., 17 MOTION to Stay Discovery filed by eHealthInsurance Services, Inc. For the reasons stated on the record, the motion to stay 17 is DENIED AS MOOT and the motion to bifurcate discovery 16 is DENIED. An order will issue as to the motion to dismiss 14 and the motion to strike class allegations 15 . Initial Case Management Conference held on 10/22/2024. Order to issue. Total Time in Court: 2:10-2:50PM (40 Min). Court Reporter: Lee-Anne Shortridge. Plaintiff Attorney: Gustavo Ponce. Defendant Attorney: Brittany Andres. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lrt, COURT STAFF) (Date Filed: 10/22/2024) |
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| Thursday, October 10, 2024 | ||
| 43 | 43
order
1 - Terminate Deadlines and Hearings Order ~Util - Terminate Motions Set Motion and Deadlines/Hearings ~Util - Set Hearings ~Util - Teleconference Zoom
Thu 10/10 11:18 AM
ORDER granting 42 STIPULATION to Appear Remotely via Zoom for Hearing on Defendant's Motions (ECF Nos. 14, 15, 16, 17). Motions Hearing re 14 MOTION to Dismiss, 15 MOTION to Strike Class Allegations , 16 MOTION to Bifurcate Discovery , and 17 MOTION to Stay Discovery AND Initial Case Management Conference reset for 10/22/2024 at 02:00 PM by zoom before Judge Eumi K. Lee. This proceeding will be held via a Zoom meeting. Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at eklcrd@cand.uscourts.gov no later than October 18, 2024 at 5:00 PM PT. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Signed by Judge Eumi K. Lee on 10/10/2024. (lrt, COURT STAFF) |
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| 42 | 42
motion
Stipulation and Proposed Order
Thu 10/10 10:26 AM
STIPULATION AND [PROPOSED] ORDER TO APPEAR REMOTELY VIA ZOOM FOR HEARING ON DEFENDANTS MOTIONS (ECF Nos. 14, 15, 16, 17) re 38 Clerk's Notice filed by Thomas Matthews, Terri Nichols. (Amini, Mona) |
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| Wednesday, October 02, 2024 | ||
| 41 | 41
adr
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options
Wed 10/02 9:47 AM
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Ponce, Gustavo) |
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| 40 | 40
adr
ADR Clerks Notice re: Non-Compliance after 5/1/2018
Wed 10/02 8:54 AM
ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cmf, COURT STAFF) |
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| Wednesday, September 18, 2024 | ||
| 39 | 39
notice
Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures
Wed 09/18 5:18 PM
Certificate of Interested Entities by eHealthInsurance Services, Inc. (Andres, Brittany) |
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| 38 | 38
oth_evt
Clerk's Notice ~Util - Set Motion and Deadlines/Hearings
Wed 09/18 2:51 PM
CLERK'S NOTICE RESETTING MOTIONS HEARING AND CASE MANAGEMENT CONFERENCE. Motion Hearing re:14 MOTION to Dismiss,15 MOTION to Strike Class Allegations,16 MOTION to Bifurcate Discovery, and17 MOTION to Stay Discovery and Initial Case Management Conference reset for 10/22/2024 at 2:00 PM in person in San Jose, Courtroom 7, 4th Floor before Judge Eumi K Lee. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lrt, COURT STAFF) |
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| Monday, September 16, 2024 | ||
| 37 | 37
misc
Joint Case Management Statement
Mon 09/16 8:20 PM
JOINT CASE MANAGEMENT STATEMENT and [Proposed Order filed by Thomas Matthews, Terri Nichols. (Amini, Mona) |
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| Thursday, August 29, 2024 | ||
| 36 | 36
oth_evt
Clerk's Notice ~Util - Set Motion and Deadlines/Hearings
Thu 08/29 8:37 AM
CLERK'S NOTICE RESETTING MOTIONS HEARING AND CASE MANAGEMENT CONFERENCE. Motion Hearing re: 14 MOTION to Dismiss, 15 MOTION to Strike Class Allegations , 16 MOTION to Bifurcate Discovery , 17 MOTION to Stay Discovery and Initial Case Management Conference set for 10/16/2024 at 10:00 AM in person in San Jose, Courtroom 7, 4th Floor before Judge Eumi K Lee. (This is a text-only entry generated by the court. There is no document associated with this entry.)(lrt, COURT STAFF) |
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| Wednesday, August 21, 2024 | ||
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utility
Case Assigned/Reassigned
Wed 08/21 11:37 AM
Case Reassigned to Judge Eumi K Lee. Judge P. Casey Pitts no longer assigned to the case. (kab-adi, COURT STAFF) |
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| Tuesday, August 20, 2024 | ||
| 35 | 35
oth_evt
Clerks Notice ADI
Tue 08/20 3:22 PM
ORDER REASSIGNING CASE. IT IS ORDERED that this case is reassigned to the Honorable Eumi K. Lee in the San Jose Division for all further proceedings. 1. All future filings shall bear the initials EKL immediately after the case number. 2. All case management conference dates are vacated and will be reset by the Court. 3. All hearing dates presently scheduled are VACATED . However, existing briefing schedules for motions remain unchanged. Motions must be RENOTICED for hearing before Judge Lee by the moving party for a date consistent with the Court?s law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule. 4. Deadlines for ADR compliance and discovery cutoffs remain unchanged. 5. All pretrial conference and trial dates currently set for after December 4, 2024 , and all other deadlines associated with the case, will remain in place unless otherwise ordered. 6. All pretrial conference and trial dates scheduled on or before December 4, 2024, are vacated. Other pretrial deadlines ( eg. , motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases. 7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice. 8. On or before September 16, 2024 , the parties shall file a Joint Case Management Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address all issues outlines in the [LINK:Standing Order for All Judges of the Northern District.] the approved form for such statements can be accessed [LINK:here] : a. The parties are not required to complete a section if inapplicable. As number 20, the statement shall provide the following information: (i) a list or description of each party; (ii) a summary of all claims, counter-claims, cross-claims, or third party claims and the date the complaint and cross-complaint(s) were filed; and (iii) a brief procedural history of the case (chart format welcomed) including, but not limited to, any ADR proceedings or settlement conferences that have been scheduled or concluded and any appellate proceedings that are pending or concluded. b. If the parties believe that an immediate case management conference is needed, the parties shall explain why and identify the urgent matters that require attention. If there is no immediate need, a case management conference will be scheduled or reset pursuant to Paragraph 2 of this Order as needed. 9. The Joint Case Management Statement will not constitute a motion to extend or modify dates. If emergency relief is needed to modify a deadline, and the deadline is not of the type that can be modified via stipulation of the parties without a court order, the requesting party or parties shall additionally file a motion or stipulation for such relief in compliance with Local Rule 6. IT IS SO ORDERED. Dated: 08/20/2024 FOR THE EXECUTIVE COMMITTEE Mark B. Busby, Clerk of Court (kab-adi, COURT STAFF) |
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| Friday, August 16, 2024 | ||
| 34 | 34
motion
Stipulation and Proposed Order
Fri 08/16 2:45 PM
STIPULATION WITH PROPOSED ORDER filed by eHealthInsurance Services, Inc..(Andres, Brittany) |
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Att: 1
Declaration of Brittany Andres
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| Thursday, July 25, 2024 | ||
| 33 | 33
respm
Reply to Opposition/Response
Thu 07/25 10:02 PM
REPLY filed byeHealthInsurance Services, Inc.. (Andres, Brittany) |
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| 32 | 32
respm
Reply to Opposition/Response
Thu 07/25 10:02 PM
REPLY filed byeHealthInsurance Services, Inc.. (Andres, Brittany) |
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| 31 | 31
respm
Reply to Opposition/Response
Thu 07/25 10:01 PM
REPLY filed byeHealthInsurance Services, Inc.. (Andres, Brittany) |
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| 30 | 30
respm
Reply to Opposition/Response
Thu 07/25 10:00 PM
REPLY filed byeHealthInsurance Services, Inc.. (Andres, Brittany) |
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| Thursday, July 11, 2024 | ||
| 29 | 29
respm
Opposition/Response to Motion
Thu 07/11 5:58 PM
OPPOSITION/RESPONSE filed byThomas Matthews, Terri Nichols. (Ponce, Gustavo) |
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| 28 | 28
respm
Opposition/Response to Motion
Thu 07/11 5:48 PM
OPPOSITION/RESPONSE filed byThomas Matthews, Terri Nichols. (Ponce, Gustavo) |
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| 27 | 27
respm
Opposition/Response to Motion
Thu 07/11 5:37 PM
OPPOSITION/RESPONSE filed byThomas Matthews, Terri Nichols. (Ponce, Gustavo) |
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| 26 | 26
respm
Opposition/Response to Motion
Thu 07/11 4:54 PM
OPPOSITION/RESPONSE filed byThomas Matthews, Terri Nichols. (Ponce, Gustavo) |
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| Tuesday, July 02, 2024 | ||
| 25 | 25
misc
Joint Case Management Statement
Tue 07/02 3:24 PM
JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by Thomas Matthews, Terri Nichols. (Ponce, Gustavo) |
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| Thursday, June 06, 2024 | ||
| 24 | 24
5
pgs
order
Order on Stipulation
Thu 06/06 4:07 PM
ORDER granting *as modified* 22 Stipulation to Modify Briefing Schedule and Reschedule Hearing. Signed by Judge P. Casey Pitts on 6/6/2024. (nmc, COURT USER) |
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| 23 | 23
notice
Notice of Appearance
Thu 06/06 3:44 PM
NOTICE of Appearance by Puja J. Amin (Amin, Puja) |
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utility
Set Motion and Deadlines/Hearings
Thu 06/06 4:08 PM
Set/Reset Deadlines as to15 MOTION to Strike,16 MOTION to Bifurcate Discovery,17 MOTION to Stay Discovery,14 MOTION to Dismiss. Responses due by 7/11/2024. Replies due by 7/25/2024. Motion Hearing set for 9/5/2024 at 10:00 AM - Videoconference Only before Judge P. Casey Pitts. (nmc, COURT USER) |
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| Wednesday, June 05, 2024 | ||
| 22 | 22
motion
Stipulation and Proposed Order
Wed 06/05 5:47 PM
STIPULATION WITH PROPOSED ORDER re15 MOTION to Strike Class Allegations ,14 MOTION to Dismiss ,17 MOTION to Stay Discovery ,16 MOTION to Bifurcate Discovery to Modify Briefing Schedule an Reschedule Hearing on Defendant's Motions filed by Thomas Matthews, Terri Nichols. (Amini, Mona) |
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| Friday, May 31, 2024 | ||
| 21 | 21
1
pgs
order
Order Reassigning Case ~Util - Case Assigned/Reassigned
Fri 05/31 1:05 PM
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge P. Casey Pitts for all further proceedings. Magistrate Judge Susan van Keulen no longer assigned to case, except for discovery purposes. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.(smc, COURT STAFF) |
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Att: 1
Notice of Eligibility for Video Recording
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| 20 | 20
oth_evt
Clerk's Notice of Impending Reassignment - Text Only
Fri 05/31 11:34 AM
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (jhf, COURT STAFF) |
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| 19 | 19
misc
Consent/Declination to Proceed Before a US Magistrate Judge
Fri 05/31 10:01 AM
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by eHealthInsurance Services, Inc... (Andres, Brittany) |
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| Wednesday, May 29, 2024 | ||
| 18 | 18
oth_evt
Clerk's Notice re: Consent or Declination
Wed 05/29 9:06 AM
CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at:[LINK:http://cand.uscourts.gov/civilforms] . (Party/parties were also notified via telephone or email.) Consent/Declination due by 6/5/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sfb, COURT STAFF) Modified on 5/29/2024 (sfb, COURT STAFF) |
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| Tuesday, May 28, 2024 | ||
| 17 | 17
motion
Stay
Tue 05/28 9:19 PM
MOTION to Stay Discovery filed by eHealthInsurance Services, Inc.. Motion Hearing set for 6/27/2024 08:30 AM before Magistrate Judge Susan van Keulen. Responses due by 6/11/2024. Replies due by 6/18/2024.(Andres, Brittany) |
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Att: 1
Proposed Order
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| 16 | 16
motion
Bifurcate
Tue 05/28 9:18 PM
MOTION to Bifurcate Discovery filed by eHealthInsurance Services, Inc.. Motion Hearing set for 6/27/2024 08:30 AM before Magistrate Judge Susan van Keulen. Responses due by 6/11/2024. Replies due by 6/18/2024.(Andres, Brittany) |
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Att: 1
Proposed Order
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| 15 | 15
motion
Strike
Tue 05/28 9:16 PM
MOTION to Strike Class Allegations filed by eHealthInsurance Services, Inc.. Motion Hearing set for 6/27/2024 08:30 AM before Magistrate Judge Susan van Keulen. Responses due by 6/11/2024. Replies due by 6/18/2024.(Andres, Brittany) |
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Att: 1
Proposed Order
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| 14 | 14
motion
Dismiss
Tue 05/28 9:12 PM
MOTION to Dismiss filed by eHealthInsurance Services, Inc.. Motion to Dismiss Hearing set for 6/27/2024 08:30 AM. Responses due by 6/11/2024. Replies due by 6/18/2024.(Andres, Brittany) |
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Att: 1
Proposed Order
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| Wednesday, April 03, 2024 | ||
| 13 | 13
3
pgs
order
Order ~Util - Set Deadlines/Hearings ~Util - Terminate Motions ~Util - Teleconference Zoom
Wed 04/03 3:35 PM
ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE granting 12 STIPULATION to Continue Initial Case Management Conference. Signed by Judge Susan van Keulen on 4/3/24. Initial Case Management Conference set for 4/9/2024 is continued to 7/9/2024 09:30 AM in San Jose, - Videoconference Only. This proceeding will be held via a Zoom webinar. Joint Case Management Statement due by 7/2/2024. Webinar Access: All counsel, members of the public, and media may access the webinar information at [LINK:https://www.cand.uscourts.gov/svk] Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names must be sent to the CRD at SVKcrd@cand.uscourts.gov no later than July 8, 2024 at 12:00 PM PDT. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: [LINK:https://www.cand.uscourts.gov/zoom/] . (jhf, COURT STAFF) |
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| Tuesday, April 02, 2024 | ||
| 12 | 12
motion
Stipulation and Proposed Order
Tue 04/02 12:39 PM
STIPULATION WITH PROPOSED ORDER re 9 Clerk's Notice, to Continue Initial Case Management Conference filed by Thomas Matthews, Terri Nichols. (Amini, Mona) |
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| 11 | 11
service
Waiver of Service Executed
Tue 04/02 12:38 PM
WAIVER OF SERVICE Returned Executed filed by Terri Nichols, Thomas Matthews. Service waived by eHealthInsurance Services, Inc. waiver sent on 3/29/2024, answer due 5/28/2024. (Amini, Mona) |
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| Friday, March 29, 2024 | ||
| 10 | 10
service
Summons Issued
Fri 03/29 11:56 AM
Summons Issued as to eHealthInsurance Services, Inc. (wsn, COURT STAFF) |
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| Tuesday, February 06, 2024 | ||
| 9 | 9
oth_evt
Clerk's Notice
Tue 02/06 12:40 PM
CLERK'S NOTICE CONTINUING 4/2/24 INITIAL CASE MANAGEMENT CONFERENCE TO 4/9/24. Initial Case Management Conference set for 4/2/2024 is continued to 4/9/2024 09:30 AM in San Jose, - To be determined. Case Management Statement due by 4/2/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) |
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| Friday, January 19, 2024 | ||
| 8 | 8
misc
Consent/Declination to Proceed Before a US Magistrate Judge
Fri 01/19 12:51 PM
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Thomas Matthews, Terri Nichols.. (Ponce, Gustavo) |
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| 7 | 7
misc
Consent/Declination to Proceed Before a US Magistrate Judge
Fri 01/19 10:55 AM
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Thomas Matthews, Terri Nichols.. (Ponce, Gustavo) |
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| Thursday, January 18, 2024 | ||
| 6 | 6
oth_evt
Clerk's Notice re: Consent or Declination
Thu 01/18 10:25 AM
2ND CLERK'S NOTICE Re: Consent or Declination: Plaintiff(s) shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at:[LINK:http://cand.uscourts.gov/civilforms] . Consent/Declination due by 2/1/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhf, COURT STAFF) |
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| Wednesday, January 03, 2024 | ||
| 5 | 5
service
Summons Issued
Wed 01/03 12:52 PM
Summons Issued as to eHealthInsurance Services, Inc.. (slh, COURT STAFF) |
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| 4 | 4
order
Initial Case Management Scheduling Order with ADR Deadlines
Wed 01/03 12:49 PM
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/26/2024. Initial Case Management Conference set for 4/2/2024 at 09:30 AM in San Jose, Courtroom 6, 4th Floor. (slh, COURT STAFF) |
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| 3 | 3
utility
~Util - Case Assigned by Intake
Wed 01/03 11:51 AM
Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/17/2024. (as, COURT STAFF) |
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| Friday, December 29, 2023 | ||
| 2 | 2
Proposed Summons. (Kazerounian, Seyed)
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| 1 | 1
COMPLAINT against eHealthInsurance Services, Inc. ( Filing fee $ 405, receipt number ACANDC-18979674.). Filed by Terri Nichols.(Kazerounian, Seyed)
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Att: 1
Civil Cover Sheet
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