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310609373443209-L_950_0-1

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 Date Filed: 02/19/2003


Assigned to: Judge Frank R Zapata Date Terminated: 01/14/2004
Demand: $0 Jury Demand: Plaintiff
Cause: 18:1964 Racketeering (RICO) Act 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: jkaucher@gustlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Vivra Asthma Allergy Inc

Defendant
Vivra Asthma & Allergy Care America represented by Scott L Warfman
of Arizona PC 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 represented by James William Kaucher
successor in interest (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: gromeara@gustlaw.com
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: pcollins@gustlaw.com
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: rfrazier@gustlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
iHealthe Technologies Inc

Defendant
Gambro Healthcare Inc represented by Jeanne E Walker
successor in interest 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: kkroese@chandlerudall.com
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: MMcCarthy@faegre.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant

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Dialysis Holding Inc represented by Jeanne E Walker


successor in interest (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 represented by James William Kaucher
successor in interest (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: blaird@azbar.org
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: bheurlin@hspatlaw.com
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 represented by Gerard R O'Meara ,
sucessor in interest (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)

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