20-55744
07/23/2020
Pending - Other Pending
Civil Right - Other Civil Right
INDEPENDENT MEDICAL SERVICES LLC
JOHN KADES, is being sued in his individual capacity
RAFFI DJABOURIAN, M.D., is being sued in his individual capacity
DENIS C. ASTARITA, M.D., is being sued in his individual capacity
SELMA CALMES, M.D., is being sued in her individual capacity
ADRIAN MARINOVICH, M.D., is being sued in his individual capacity
LAKSHMANAN SATHYAVAGISWARAN, M.D., is being sued in his individual capacity
COUNTY OF LOS ANGELES, a government entity
DOES, 1-10, inclusive
ED WINTER, is being sued in his individual capacity
UNITED STATES OF AMERICA
VALLEY SURGICAL CENTER, LLC, a California Limited Liability Company
Jennifer Gysler
Attorney at MONROY, AVERBUCK AND GYSLER
32123 Lindero Canyon Road
Westlake Village, CA 91361
Timothy T, Coates
Attorney at Greines, Martin, Stein & Richland, LLP
5900 Wilshire Boulevard, 12Th Floor
Los Angeles, CA 90036-3626
Alana Rotter
Attorney at Greines, Martin, Stein & Richland, LLP
5900 Wilshire Boulevard, 12Th Floor
Los Angeles, CA 90036-3626
Harold G. Becks Esquire
Attorney at Harold G. Becks & Associates
3250 Wilshire Boulevard
Los Angeles, CA 90010
William B. Welden Esquire
Attorney at Welden Law Office
9663 Santa Monica Boulevard, Suite 234
Santa Monica, CA 90210
Docketing Letter and Briefing Schedule
Notice to All Parties and Counsel
Mediation Letter
Mediation Questionnaire
Case Opening Packet
Main Document
Additional Document
(#12) Filed (ECF) Appellant Valley Surgical Center, LLC Correspondence: Notice of ruling in case below on Rule 60 b Motion and of 9th Circuit's July 30, 2020 Order re stay of appeal pending ruling on Rule 60 b Motion. Date of service: 10/06/2021 [12248722] [20-55744] (Welden, William) [Entered: 10/06/2021 12:27 AM]
(#13) Filed clerk order (Deputy Clerk: LCC): A review of the record and appellants response to this courts July 28, 2020 order reflects that the district court has denied the post-judgment motion. Accordingly, the stay of proceedings is lifted, and briefing may proceed. The opening brief and excerpts of record are due November 29, 2021. The answering brief is due December 29, 2021. The optional reply brief is due within 21 days after service of the answering brief. [12259741] (OC) [Entered: 10/18/2021 11:17 AM]
(#14) Filed order (Deputy Clerk: RY) Dismissing case for failure to prosecute (Cir. Rule 42-1) Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to file opening brief. This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [12332210] (RY) [Entered: 01/05/2022 02:11 PM]
Docket(#14) Filed order (Deputy Clerk: RY) Dismissing case for failure to prosecute (Cir. Rule 42-1) Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to file opening brief. This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. [12332210] (RY) [Entered: 01/05/2022 02:11 PM]
[-] Read LessDocket(#13) Filed clerk order (Deputy Clerk: LCC): A review of the record and appellants response to this courts July 28, 2020 order reflects that the district court has denied the post-judgment motion. Accordingly, the stay of proceedings is lifted, and briefing may proceed. The opening brief and excerpts of record are due November 29, 2021. The answering brief is due December 29, 2021. The optional reply brief is due within 21 days after service of the answering brief. [12259741] (OC) [Entered: 10/18/2021 11:17 AM]
[-] Read LessDocket(#12) Filed (ECF) Appellant Valley Surgical Center, LLC Correspondence: Notice of ruling in case below on Rule 60 b Motion and of 9th Circuit's July 30, 2020 Order re stay of appeal pending ruling on Rule 60 b Motion. Date of service: 10/06/2021 [12248722] [20-55744] (Welden, William) [Entered: 10/06/2021 12:27 AM]
[-] Read LessDocket(#11) Added Attorney(s) Timothy T, Coates for party(s) Appellee Raffi Djabourian Appellee County of Los Angeles Appellee Lakshmanan Sathyavagiswaran Appellee Selma Calmes Appellee John Kades Appellee Denis C. Astarita Appellee Adrian Marinovich Appellee Ed Winter, in case 20-55744. [11867252] (JFF) [Entered: 10/21/2020 01:58 PM]
[-] Read LessDocket(#10) Added Attorney(s) Alana Rotter for party(s) Appellee Raffi Djabourian Appellee County of Los Angeles Appellee Lakshmanan Sathyavagiswaran Appellee Selma Calmes Appellee John Kades Appellee Denis C. Astarita Appellee Adrian Marinovich Appellee Ed Winter, in case 20-55744. [11867248] (JFF) [Entered: 10/21/2020 01:57 PM]
[-] Read LessDocket(#9) Filed (ECF) notice of appearance of Timothy T. Coates (Greines, Martin, Stein & Richland LLP, 5900 Wilshire Blvd., 12th Floor, Los Angeles, CA 90036) for Appellees Denis C. Astarita, M.D., Selma Calmes, M.D., County of Los Angeles, Raffi Djabourian, M.D., John Kades, Adrian Marinovich, M.D., Lakshmanan Sathyavagiswaran and Ed Winter. Date of service: 10/21/2020. (Party was previously proceeding with counsel.) [11867197] [20-55744] (Coates, Timothy) [Entered: 10/21/2020 01:46 PM]
[-] Read LessDocket(#8) Filed (ECF) notice of appearance of Alana H. Rotter (Greines, Martin, Stein & Richland LLP, 5900 Wilshire Blvd., 12th Floor, Los Angeles, CA 90036) for Appellees Denis C. Astarita, M.D., Selma Calmes, M.D., County of Los Angeles, Raffi Djabourian, M.D., John Kades, Adrian Marinovich, M.D., Lakshmanan Sathyavagiswaran and Ed Winter. Date of service: 10/21/2020. (Party was previously proceeding with counsel.) [11867183] [20-55744] (Rotter, Alana) [Entered: 10/21/2020 01:42 PM]
[-] Read LessDocket(#7) Filed order MEDIATION (RGA): This case is RELEASED from the Mediation Program. All further inquiries regarding this appeal, including requests for extensions of time, should be directed to the Clerks office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [11820202] (OC) [Entered: 09/11/2020 10:01 AM]
[-] Read LessDocket(#6) MEDIATION CONFERENCE SCHEDULED - DIAL-IN AssessmentConference, 09/10/2020, 2:00 p.m., PACIFIC Time. See order for instructions and details. [11794758] (VS) [Entered: 08/19/2020 11:04 AM]
[-] Read LessDocket(#5) The Mediation Questionnaire for this case was filed on 08/13/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11788792]. [20-55744] (AD) [Entered: 08/13/2020 06:44 PM]
[-] Read LessDocket(#4) Filed (ECF) Appellant Valley Surgical Center, LLC Mediation Questionnaire. Date of service: 08/13/2020. [11788506] [20-55744] (Welden, William) [Entered: 08/13/2020 03:28 PM]
[-] Read LessDocket(#3) MEDIATION ORDER FILED: The court of appeals' records do not indicate that appellant has filed a mediation questionnaire in accordance with Cir. R. 3-4. Within seven (7) days of the filing date of this order, appellant shall file a Mediation Questionnaire or dismiss the appeal voluntarily. [11787831] (LW) [Entered: 08/13/2020 11:45 AM]
[-] Read LessDocket(#2) Filed clerk order (Deputy Clerk: LC) The courts records reflect that the notice of appeal was filed during the pendency of a timely filed motion listed in Federal Rule of Appellate Procedure 4(a)(4). The notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. See Fed. R. App. P. 4(a)(4). Accordingly, appellate proceedings other than mediation shall be held in abeyance pending the district courts resolution of the pending motion. See Leader Natl Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994). Within 7 days after the district courts ruling on the pending motion, appellant shall notify this court in writing of the ruling and shall advise whether appellant intends to prosecute this appeal. To appeal the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. The Clerk shall serve this order on the district court. [11768909] (TSP) [Entered: 07/28/2020 10:57 AM]
[-] Read LessDocket(#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Valley Surgical Center, LLC Mediation Questionnaire due on 07/30/2020. Transcript ordered by 08/24/2020. Transcript due 09/22/2020. Appellant Valley Surgical Center, LLC opening brief due 10/29/2020. Appellees Denis C. Astarita, Selma Calmes, County of Los Angeles, Raffi Djabourian, Does, John Kades, Adrian Marinovich, Lakshmanan Sathyavagiswaran and Ed Winter answering brief due 11/30/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11763030] (RT) [Entered: 07/23/2020 08:41 AM]
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