Federal Pacer Docket Davidson V. Vivra Inc

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STD, TERMED

U.S. District Court DISTRICT OF ARIZONA (Tucson Division) CIVIL DOCKET FOR CASE #: 4:03-cv-00110-FRZ

Davidson, et al v. Vivra Inc, et al Assigned to: Judge Frank R Zapata Demand: $0 Cause: 18:1964 Racketeering (RICO) Act

Date Filed: 02/19/2003 Date Terminated: 01/14/2004 Jury Demand: Plaintiff Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question

Plaintiff Robert M Davidson

represented by Robert M Davidson PO Box 1785 Kilgore, TX 75663 (903)235-0731 PRO SE

Plaintiff Vanessa E Komar

represented by Vanessa E Komar PO Box 1785 Kilgore, TX 75663 (903)235-0731 PRO SE

V. Defendant Vivra Inc

represented by James William Kaucher Gust Rosenfeld PLC 1 S Church Ave Ste 1900 Tucson, AZ 85701-1627 520-628-7070 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Vivra Asthma Allergy Inc Defendant Vivra Asthma & Allergy Care America of Arizona PC

represented by Scott L Warfman Scott L Warfman PA 777 Brickell Ave

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Ste 1070 Miami, FL 33131 (561)451-1706 LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Magellan Specialty Health Inc successor in interest

represented by James William Kaucher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Texas Pacific Group Inc

represented by Gerard R O'Meara , Gust Rosenfeld PLC 1 S Church Ave Ste 1900 Tucson, AZ 85701-1627 520-628-7070 Fax: Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul E Chronis McDermott Will & Emery 227 W Monroe St Ste 3100 Chicago, IL 60606-5096 (312)372-2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter Collins , Jr Gust Rosenfeld PLC 1 S Church Ave Ste 1900 Tucson, AZ 85701-1627 520-628-7070 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Roger Wayne Frazier Gust Rosenfeld PLC 1 S Church Ave Ste 1900 Tucson, AZ 85701-1627 520-388-4786 Fax: 520-624-3849

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Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant iHealthe Technologies Inc Defendant Gambro Healthcare Inc successor in interest

represented by Jeanne E Walker Faegre & Bensen LLP Wells Fargo Center 1700 Lincoln St Ste 3200 Denver, CO 80203 (303)607-3500 LEAD ATTORNEY ATTORNEY TO BE NOTICED Kurt Kroese Chandler & Udall LLP 4801 E Broadway Blvd Ste 400 Tucson, AZ 85711-3609 520-623-4353 Fax: 520-792-3426 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Marie E Williams Faegre & Bensen LLP Wells Fargo Center 1700 Lincoln St Ste 3200 Denver, CO 80203 (303)607-3500 LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael S McCarthy , Faegre & Benson LLP 1700 Lincoln St Ste 3200 Denver, CO 80203-4532 303-607-3500 Fax: 303-607-3600 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

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Dialysis Holding Inc successor in interest

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represented by Jeanne E Walker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kurt Kroese (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Marie E Williams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael S McCarthy , (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Allied Specialty Care Services Inc successor in interest

represented by James William Kaucher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Albany Medical College

represented by Brian J Butler Bond Schoeneck & King PLC 1 Lincoln Ctr Syracuse, NY 13202 (315)218-8000 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Jay Grossman

represented by Brian Andrew Laird , Weeks & Laird PLLC 2223 E Speedway Blvd Tucson, AZ 85719 520-318-1209 Fax: 520-327-3118 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Bruce R Heurlin Heurlin Sherlock Panahi 1636 N Swan Rd Ste 200

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Tucson, AZ 85712 520-319-1200 Fax: 520-319-1221 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Eudice Grossman

represented by Brian Andrew Laird , (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bruce R Heurlin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Thomas B Edwards Defendant Gayle F Petrillo

represented by Scott L Warfman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Charles W Ott

represented by Gerard R O'Meara , (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul E Chronis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter Collins , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Roger Wayne Frazier (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Timothy G Wighton

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Defendant John W Strack

represented by Scott L Warfman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Lynda L Nessinger Defendant Richard B Hassett Defendant James L Sublett

represented by Scott L Warfman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Leanne M Zumwalt

represented by Gerard R O'Meara , (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul E Chronis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter Collins , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Roger Wayne Frazier (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Unknown Defendants all undetermined number of other defendants, presently unknown to plaintiffs Defendant Vivra Holdings Inc sucessor in interest

represented by Gerard R O'Meara , (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Paul E Chronis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter Collins , Jr (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Roger Wayne Frazier (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

02/19/2003

1 COMPLAINT FILED (LMF) (Entered: 02/28/2003)

03/11/2003

2 RICO CASE STATEMENT by pla Robert M Davidson re (LMF) (Entered: 03/11/2003)

04/30/2003

3 AMENDED COMPLAINT by pla Robert M Davidson, pla Vanessa E Komar ;; jury demand [1-1] ;adding dft Vivra Holdings, Inc (KDT) (Entered: 05/01/2003)

05/29/2003

4 ATTORNEY APPEARANCE for dft Gambro Healthcare, dft Dialysis Holding Inc by Kurt Kroese (former emp) (Entered: 05/30/2003)

05/30/2003

5 MOTION for hearing Rule 16 Pretrial Conference by dft Charles W Ott, dft Leanne M Zumwalt, dft Vivra Holdings Inc [5-1] , to extend time to answer or otherwise plead to complaint (amended) [3-1] by dft Charles W Ott, dft Leanne M Zumwalt, dft Vivra Holdings Inc [5-2] (former emp) (Entered: 06/02/2003)

05/30/2003

6 CERTIFICATE of Service of Motion for Rule 16 conference and to answer or otherwise plead by dft Charles W Ott, dft Leanne M Zumwalt, dft Vivra Holdings Inc (former emp) (Entered: 06/02/2003)

05/30/2003

7 ATTORNEY APPEARANCE of Peter Collins Jr, Gerard O'Meara and Roger W Frazier for dft Charles W Ott, dft Leanne M Zumwalt, dft Vivra Holdings Inc by (former emp) (Entered: 06/02/2003)

06/03/2003

8 MOTION for admission pro hac vice as to Scott L Warfman, atty for dft Vivra Asthma & Aller, dft John W Strack [8-1] (former emp) (Entered: 06/03/2003)

06/03/2003

9 MOTION to extend time for 60 days to answer complaint (amended) [3-1] by dft Vivra Asthma & Aller, dft John W Strack [9-1] (former emp) (Entered: 06/03/2003)

06/06/2003

10 MOTION to dismiss case, complaint for failure to comply with the requirements of Rule 8 by dft Jay Grossman, dft Eudice Grossman [10-1] (former emp) (Entered: 06/09/2003)

06/06/2003

11 JOINDER by dft Thomas B Edwards to motion to dismiss case, complaint for failure to comply with the requirements of Rule 8 by dft Jay Grossman, dft Eudice Grossman [10-1] [10-1] (former emp) (Entered: 06/09/2003)

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06/09/2003

12 JOINDER by dft Gambro Healthcare, dft Dialysis Holding Inc to motion for hearing Rule 16 Pretrial Conference by dft Charles W Ott, dft Leanne M Zumwalt, dft Vivra Holdings Inc [5-1] [5-1] (former emp) (Entered: 06/09/2003)

06/09/2003

13 MOTION for admission pro hac vice as to Jeanne E Walker, atty for dft Gambro Healthcare, dft Dialysis Holding Inc [13-1] (former emp) (Entered: 06/10/2003)

06/09/2003

14 MOTION for admission pro hac vice as to Michael S McCarthy, atty for dft Gambro Healthcare, dft Dialysis Holding Inc [14-1] (former emp) (Entered: 06/10/2003)

06/09/2003

15 MOTION for admission pro hac vice as to Marie E Williams, atty for dft Gambro Healthcare, dft Dialysis Holding Inc [15-1] (former emp) (Entered: 06/10/2003)

06/11/2003

16 MOTION to compel Timely Filing of Rule 7.1 Disclosure Statements by pla [16-1] (former emp) (Entered: 06/12/2003)

06/11/2003

17 MOTION to extend time for an addtl 60 days for service of process under Rule 6(b) of First Amended Complaint and Summons by pla [17-1] (former emp) (Entered: 06/12/2003)

06/11/2003

18 WAIVER of Service of summons and complaint upon dft Gambro Healthcare, dft Dialysis Holding Inc, dft Jay Grossman, dft Eudice Grossman ; waiver sent on , 5/20/03 5/22/03 (former emp) (Entered: 06/12/2003)

06/11/2003

18 RETURN OF SERVICE EXECUTED personally of summons/complaint upon dft Vivra Asthma & Aller, dft Texas Pacific Group, dft iHealth Technologies, dft Albany Medical Coll, dft Gayle F dft John W Strack, dft James L Sublett on 5/21/03 through 5/29/03 (former emp) (Entered: 06/12/2003)

06/11/2003

19 RETURN OF SERVICE EXECUTED persnally summons/complaint upon dft Thomas B Edwards on 5/29/03 (former emp) (Entered: 06/12/2003)

06/12/2003

20 MOTION to dismiss complaint (first amended) [3-1] by dft Charles W Ott, dft Leanne M Zumwalt, dft Vivra Holdings Inc or to strike 1st amended complaint in its entirety with leave to replead (former emp) (Entered: 06/13/2003)

06/13/2003

21 MOTION for admission pro hac vice as to Brian J Butler, atty for dft Albany Medical Coll [21-1] (former emp) (Entered: 06/13/2003)

06/13/2003

22 MOTION to extend time to answer complaint (amended) or file a motion to dismiss from 6/16/03 to 8/16/03 [3-1] by dft Albany Medical Coll [22-1] (former emp) (Entered: 06/13/2003)

06/13/2003

23 DECLARATION of Brian J Butler re motion to extend time to answer complaint (amended) or file a motion to dismiss from 6/16/03 to 8/16/03 [3-1] by dft Albany Medical Coll [22-1] [22-1] by dft Albany Medical Coll (former emp) (Entered: 06/13/2003)

06/16/2003

24 JOINDER by dft Jay Grossman, dft Eudice Grossman to motion to dismiss complaint (first amended) [3-1] by dft Charles W Ott, dft Leanne M Zumwalt, dft Vivra Holdings Inc or [20-1], motion [20-2] (former emp) (Entered: 06/17/2003)

06/17/2003

25 OBJECTIONS by pla to Joinder of dfts Jay Grossman, Eudice Gorssman and Thomas Edwards [24-1], to the motion to dismiss complaint (first amended) [3-1] by dft Charles W Ott, dft Leanne M Zumwalt, dft Vivra Holdings Inc or [20-1] (former emp) (Entered: 06/17/2003)

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06/17/2003

26 RETURN OF SERVICE EXECUTED personally of summons/first amended complaint upon dft Vivra Asthma, dft Vivra Asthma & Aller, dft Magellan Specialty, dft Texas Pacific Group, dft iHealth Technologies, dft Gambro Healthcare, dft Dialysis Holding Inc, dft Allied Specialty, dft Albany Medical Coll, dft Jay Grossman, dft Eudice Grossman, dft Thomas B Edwards, dft Gayle F Petrillo, dft Charles W Ott, dft John W Strack, dft James L Sublett, dft Leanne M Zumwalt, dft Vivra Holdings Inc on 5/17/03 and later dates (former emp) (Entered: 06/17/2003)

06/17/2003

27 Case stayed as to Vivra Inc, Magellan Speciality Health Inc, Allied Speciality Care Services NOTICE by dft Vivra Inc, dft Magellan Specialty, dft Allied Specialty of filing Chapter 11 bankruptcy (former emp) Modified on 06/26/2003 (Entered: 06/18/2003)

06/19/2003

28 MOTION for order to modify dft name to reflect correct dft's name Rochard B Hassett to Richard M Hassett by pla [29-1] (former emp) Modified on 06/26/2003 (Entered: 06/19/2003)

06/19/2003

29 CERTIFICATE of Service by mail of first notice of service of process and waivers; motion to compel timely filing of Rule 7.1 disclosure statements; motion to enlarge time for service of process under Rule 6(b); Second notice of service of process; objection to dfts Jay & eudice Grossman and Thomas Edwards motion to dismiss; motion to modify names dft and certificate of service by pla (former emp) Modified on 06/26/2003 (Entered: 06/19/2003)

06/20/2003

30 MOTION to dismiss complaint (first amended) [3-1] by dft Texas Pacific Group [31-1] , or in the alternative to strike plaintiff's complaint with leave to replead purs to Rule 12(f) (former emp) Modified on 06/26/2003 (Entered: 06/23/2003)

06/20/2003

31 MOTION to strike complaint (first amended) [3-1] by dft Gambro Healthcare, dft Dialysis Holding Inc [32-1] , or in the alternative for more definite statement as to First Amended Complaint (former emp) Modified on 06/26/2003 (Entered: 06/23/2003)

06/23/2003

32 MOTION for admission pro hac vice as to Scott L Warfman, atty for dft Vivra Asthma & Aller, dft Gayle F Petrillo [33-1] (former emp) Modified on 06/26/2003 (Entered: 06/23/2003)

06/23/2003

33 MOTION to extend time for 60 days to answer complaint (first amended) [3-1] by dft Vivra Asthma & Aller, dft Gayle F Petrillo [34-1] (former emp) Modified on 06/26/2003 (Entered: 06/23/2003)

06/25/2003

34 MOTION to extend time for 60 days to answer complaint (first amended) [3-1] by dft James L Sublett [35-1] (former emp) Modified on 06/26/2003 (Entered: 06/26/2003)

06/25/2003

35 MOTION for admission pro hac vice as to Scott L Warfman, atty for dft James L Sublett [36-1] (former emp) Modified on 06/26/2003 (Entered: 06/26/2003)

06/25/2003

36 MOTION for admission pro hac vice as to Paul E Chronis, atty for dft Texas Pacific Group, dft Charles W Ott, dft Leanne M Zumwalt, dft Vivra Holdings Inc [37-1] (former emp) Modified on 06/26/2003 (Entered: 06/26/2003)

06/25/2003

37 RESPONSE, Objections, by pla to motion to dismiss complaint (first amended) [3-1] by dft Charles W Ott, dft Leanne M Zumwalt, dft Vivra Holdings Inc or, motion (former emp) Modified on 06/26/2003 (Entered: 06/26/2003)

06/27/2003

38 ORDER by Judge Frank R. Zapata granting motion for admission pro hac vice as to Scott L Warfman, atty for dft Vivra Asthma & Aller, dft Gayle F Petrillo [33-1] (cc: all

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counsel) (LMF) (Entered: 06/27/2003) 06/27/2003

45 REPLY by dft Jay Grossman, dft Eudice Grossman to response to motion to dismiss case, complaint for failure to comply with the requirements of Rule 8 by dft Jay Grossman, dft Eudice Grossman [10-1] (former emp) (Entered: 06/30/2003)

06/27/2003

46 Rule 7.1 CORPORATE DISCLOSURE STATEMENT by dft Gambro Healthcare, dft Dialysis Holding Inc (former emp) (Entered: 06/30/2003)

06/30/2003

39 ORDER by Judge Frank R. Zapata granting motion for admission pro hac vice as to Scott L Warfman, atty for dft Vivra Asthma & Aller, dft John W Strack [8-1] (cc: all counsel) (former emp) (Entered: 06/30/2003)

06/30/2003

40 ORDER by Judge Frank R. Zapata granting motion for admission pro hac vice as to Jeanne E Walker, atty for dft Gambro Healthcare, dft Dialysis Holding Inc [13-1] (cc: all counsel) (former emp) (Entered: 06/30/2003)

06/30/2003

41 ORDER by Judge Frank R. Zapata granting motion for admission pro hac vice as to Michael S McCarthy, atty for dft Gambro Healthcare, dft Dialysis Holding Inc [14-1] (cc: all counsel) (former emp) (Entered: 06/30/2003)

06/30/2003

42 ORDER by Judge Frank R. Zapata granting motion for admission pro hac vice as to Marie E Williams, atty for dft Gambro Healthcare, dft Dialysis Holding Inc [15-1] (cc: all counsel) (former emp) (Entered: 06/30/2003)

06/30/2003

43 ORDER by Judge Frank R. Zapata granting motion for admission pro hac vice as to Brian J Butler, atty for dft Albany Medical Coll [21-1] (cc: all counsel) (former emp) (Entered: 06/30/2003)

06/30/2003

44 ORDER by Judge Frank R. Zapata granting motion for admission pro hac vice as to Paul E Chronis, atty for dft Texas Pacific Group, dft Charles W Ott, dft Leanne M Zumwalt, dft Vivra Holdings Inc [37-1] (cc: all counsel) (former emp) (Entered: 06/30/2003)

07/01/2003

47 ORDER by Judge Frank R. Zapata granting motion to dismiss case, complaint for failure to comply with the requirements of Rule 8 by dft Jay Grossman, dft Eudice Grossman [10-1], ordered first amended complaint is dismissed with leave to amend, ordered that this case is stayed pursuant to the Notice of Filing Bankruptcy Petition and of the Automatic Stay filed by defendants Vivra Inc, Magellan Speciality Health Inc, Allied Speciality Care Services, ordered that defendants Vivra, Inc., Magellan Specialty Health, Inc. and Allied Special Care Services, LLC shall file a status of bankruptcy proceedings on or before 9/1/03 and every 90 days thereafter, , ; status report due 9/1/03, further ordered that defendants Vivra, Inc., Magellan Specialty Health, Inc. and Allied Special Care Services, LLC shall file a petition to lift automatic stay upon a final determination of the bankruptcy proceedings. It is further ordered that plaintiffs are granted leave to file a second amended complaint in compliance with the pleading requirements of the Federal Rules of Civil Procedure and in accordance with the provisions of this order on or before 30 days from the date of the filing of the petition to lift automatic stay and to serve it upon defendants in accordance with the Federal Rules of Civil Procedure. Further ordered that all other pending matters are denied as moot. (cc: all counsel) (BAR) (Entered: 07/01/2003)

07/02/2003

48 RESPONSE, Objections, by pla to motion to dismiss complaint (first amended) [3-1] by dft Texas Pacific Group [31-1] [30-1], to motion to strike plaintiff's complaint with

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leave to replead purs to Rule 12(f) [30-2] (former emp) (Entered: 07/02/2003) 07/02/2003

49 RESPONSE, Objections, by pla to motion to strike complaint (first amended) [3-1] by dft Gambro Healthcare, dft Dialysis Holding Inc [32-1] [31-1], to motion for more definite statement as to First Amended Complaint [31-2] (former emp) (Entered: 07/02/2003)

08/07/2003

50 NOTICE by dft's counsel of change of address to One South Church, Suite 1900, Tucson, AZ 85701 for Peter Collins Jr at Gust Rosenfeld PLC Texas Pacific Group, dft Charles W Ott, dft Unknown Defendants, dft Vivra Holdings Inc of change of address (former emp) (Entered: 08/08/2003)

08/19/2003

Pro Hac Vice $25 Fee Paid as to Brian J Butler (BAS) (Entered: 08/19/2003)

08/19/2003

Pro Hac Vice $25 Fee Paid as to Paul E Chronis (BAS) (Entered: 08/19/2003)

08/22/2003

Pro Hac Vice $25 Fee Paid as to Michael S McCarthy (BAS) (Entered: 08/22/2003)

08/25/2003

Pro Hac Vice $25 Fee Paid as to Jeanne E Walker (BAS) (Entered: 08/25/2003)

08/25/2003

Pro Hac Vice $25 Fee Paid as to Scott L Warfman (BAS) (Entered: 08/25/2003)

08/25/2003

Pro Hac Vice $25 Fee Paid as to Marie E Williams (BAS) (Entered: 08/25/2003)

09/03/2003

51 Amended STATUS REPORT by dft Vivra Inc, dft Allied Specialty, Magellan Specialty Health Inc (former emp) (Entered: 09/04/2003)

10/21/2003

52 MOTION for preliminary injunction against Jay Grossman Md & Eudice Grossman by pla [52-1] (former emp) (Entered: 10/21/2003)

11/03/2003

53 RESPONSE, Opposition by dft Jay Grossman, dft Eudice Grossman to motion for preliminary injunction against Jay Grossman Md & Eudice Grossman by pla [52-1] (former emp) (Entered: 11/04/2003)

11/05/2003

54 NOTICE by pla of service on dfts of third notice of service of process on 11/4/03 (ABU) (Entered: 11/06/2003)

11/05/2003

55 Third NOTICE by plas of service of process (ABU) (Entered: 11/06/2003)

11/24/2003

56 ORDER by Judge Frank R. Zapata It is hereby ordered that this case is dismissed with all parties to bear their own costs. It is further ordered that all other pendings matters are denied as moot. There shall be no further filings in this action. (cc: all counsel) re: order filed [56-1] (LMF) Modified on 11/24/2003 (Entered: 11/24/2003)

11/24/2003

57 JUDGMENT by Judge Frank R. Zapata : It is ordered and adjudged that this case is dismissed with all parties to bear their own costs. terminating case (cc: all counsel) (LMF) (Entered: 11/24/2003)

12/01/2003

58 NOTICE OF APPEAL by pla Robert M Davidson, pla Vanessa E Komar from District Court terminating case [57-1], judgment [57-2], order filed [56-1] (cc: 9CCA/All Counsel/judge) (JKM) (Entered: 12/03/2003)

12/03/2003

Received $255.00 appeal fee re NOTICE OF APPEAL [58-1] (JKM) (Entered: 12/03/2003)

12/15/2003

Certificate of Record Transmitted to 9th Circuit NOTICE OF APPEAL [58-1] (JKM) (Entered: 12/15/2003)

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12/15/2003

Docket Fee Notification form sent to 9th Circuit re NOTICE OF APPEAL [58-1] (JKM) (Entered: 12/15/2003)

12/15/2003

APPEAL PACKET forwarded to all parties and 9th Circuit re: NOTICE OF APPEAL [58-1] (JKM) (Entered: 12/15/2003)

01/07/2004

Notification by 9th Circuit of Appellate Docket Number 03-17342 re NOTICE OF APPEAL [58-1] (JKM) (Entered: 01/07/2004)

01/07/2004

59 Certified Copy of 9th Circuit Order re NOTICE OF APPEAL; TIME SCHEDULE ORDER; Appellant/petitioner's opening brief and excerpts of record shall be served and filed pursuant to FRAP 32 and Circuit Rule 32-1; by 2/2/04 The brief of appellee/respondent shall be filed and served, pursuant to FRAP 32 and Circuit Rule 32-1; by 3/4/04 The optional appellant/petitioner reply brief shall be filed and served within 14 days of service of the appellee/respondent's brief, pursuant to FRAP 32 and Circuit Rule 32-1. Failure of the appellant to comply with the time schedule order will result in automatic dismissal of the appeal. Circuit Rule 42-1. Appellants/Petitioners without representation of counsel in a prisoner appeal may have their case submitted on the briefs and record without oral argument, pursuant to FRAP 34(a). Within 10 days of the filing of the appellant's opening brief, parties may file a statement setting forth the reasons why, in the opinion of the parties, oral argument should be heard. [58-1] (cc: judge) (JKM) (Entered: 01/07/2004)

03/08/2004

60 Certified Copy of 9th Circuit Order re NOTICE OF APPEAL; Appellees motion to be dimissed as parties to this appeal and request for sanctions are denied without prejudice to raising the issues in appellees' answering brief. Appellees' answering brief is now due on 4/9/04. Appellant's optional reply brief is due within 14 days of service of appellees' answering brief. [58-1] (cc: judge) (JKM) (Entered: 03/11/2004)

04/16/2004

61 CERTIFIED COPY of 9th Circuit Mandate; The parties have stipulated to the dismissal of this case under the Federal Rule of Appellate Procedure 42(b). The case is dismissed as to appellees Vivra, Inc. Magellan Specialty Health, Inc., and Allied Specialty Care Services, LLC f/k/a Allied Specialty Care Services, inc. ONLY. Costs shall be allocated pursuant to the terms of the stipulation. (cc: all counsel/judge) [61-1] (JKM) (Entered: 04/27/2004)

04/26/2005

62 CERTIFIED COPY of 9th Circuit Mandate affirming the decision of the District Court (cc: all counsel/judge) (JKM) (Entered: 05/04/2005)

11/14/2005

Appeal Record Returned: 58 Notice of Appeal, Number of Volumes of Clerks Records: 2, Number of Bulky Documents: 2, Docket numbers of Bulky Document:#2 and #3 (MES, ) (Entered: 11/14/2005)

PACER Service Center Transaction Receipt 08/02/2009 07:59:29 PACER Login: rd2567 Description:

Client Code:

Docket Report Search Criteria: 4:03-cv-00110-FRZ

Billable Pages: 9

Cost:

0.72

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