Opinion
Civil Action No.: 12-cv-01649-REB-CBS
01-15-2013
IRAKLI AVALIANI, Plaintiff, v. KAISER FOUNDATION HP, CO D/B/A KAISER PERMANENTE, Defendant.
Counsel: Colleen Therise Calandra Mark Brian Wiletsky
Magistrate Judge Craig B. Shaffer
FTR - Reporter Deck - Courtroom A402
Courtroom Deputy: Robin Mason
Counsel:
Colleen Therise Calandra
Mark Brian Wiletsky
COURTROOM MINUTES/MINUTE ORDER
HEARING: TELEPHONIC STATUS CONFERENCE
Court in Session: 9:15 a.m.
Court calls case. Appearances of counsel.
The court addresses the parties regarding the plaintiff's Unopposed MOTION to Amend/Correct/Modify #1 Complaint (Docket No. 34, filed on 1/8/2013), Magistrate Judge Shaffer's ORDER granting #33 Motion to Withdraw Document and granting #34 Motion to Amend Complaint (Docket No. 36, filed on 1/10/2013), and the defendant's MOTION for Reconsideration re #36 Order on Motion to Withdraw Document, Order on Motion to Amend/Correct/Modify, Complaint (Docket No. 37, filed on 1/11/2013).
Argument and discussion between the court and the parties regarding the defendant's MOTION for Reconsideration re #36 Order on Motion to Withdraw Document, Order on Motion to Amend/Correct/Modify, Complaint (Docket No. 37, filed on 1/11/2013), the plaintiff's claims and allegations, Exempla, Inc. d/b/a/ Exempla Healthcare, scheduling conference held on September 24, 2012, the scheduling ordered entered (Docket No. 20, filed on 9/24/2012) and the discovery deadlines, Rule 16, the plaintiff's AMENDED COMPLAINT against Exempla, Inc. d/b/a/ Exempla Healthcare, Kaiser Foundation HP, CO d/b/a Kaiser Permanente (Docket No. 39,
filed on 1/10/2013), and Rule 15(a) standard.
For reasons as stated on the record,
ORDERED: The court GRANTS the defendant's MOTION for Reconsideration re #36 Order on Motion to Withdraw Document, Order on Motion to Amend/Correct/Modify, Complaint (Docket No. 37, filed on 1/11/2013). The court WITHDRAWS it earlier order and DENIES without prejudice the plaintiff's Unopposed MOTION to Amend/Correct/Modify #1 Complaint (Docket No. 34, filed on 1/8/2013) for failure to comply with Rule 16 and Rule 16(d). The plaintiff's AMENDED COMPLAINT against Exempla, Inc. d/b/a/ Exempla Healthcare, Kaiser Foundation HP, CO d/b/a Kaiser Permanente (Docket No. 39, filed on 1/10/2013) is STRICKEN. The original complaint shall stand as the operative pleading in this case.
Further discussion between the court and Ms. Calandra regarding Exempla, Inc. d/b/a/ Exempla Healthcare and the plaintiff's claims and allegations.
HEARING CONCLUDED.
Court in recess: 9:46 a.m.
Total time in court: 00:31
To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at (303) 825-6119 or toll free at 1-800-962-3345.