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13-1997 - (PS) Daoust et al v. ATG-Rehab Specialists, Inc.


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13-1997 - (PS) Daoust et al v. ATG-Rehab Specialists, Inc.
October 22, 2013
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ORDER denying 5 Motion to Remand, 6 Motion to amend and 7 Motion for court order signed by Magistrate Judge Carolyn K. Delaney on 10/21/12: Plaintiff shall file opposition, if any, to the motion to dismiss no later than October 30, 2013. Reply, if any, shall be filed no later than November 6, 2013. (Kaminski, H)
November 14, 2013
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/14/13 GRANTING WITH LEAVE TO AMEND 4 Motion to Dismiss. Plaintiff is GRANTED 30 days from the date of service of this order to file a second amended complaint that complies with the requirements of the FRCP and the Local Rules of Practice; the second amended complaint must bear the docket number assigned this case and must be labeled "Second Amended Complaint;" plaintiff must file an original and two copies of the second amended complaint; failure to file a second amended complaint in accordance with this order will result in a recommendation that this action be dismissed. No responsive pleading need be filed to the second amended complaint pending the court's review of the complaint and further order of the court. Defendant's 4 Motion to Strike the punitive damanges claim is GRANTED. The Clerk of Court is DIRECTED to seal 6 at pages 3 and 11. The parties are advised that a court supervised settlement conference may be scheduled upon the request of the parties. If the parties determine a settlement conference may be useful, the parties should contact the courtroom deputy of the undersigned, Kyle Owen. Absent waiver of disqualification of the undersigned, the settlement conference will be set before another Magistrate Judge. (Meuleman, A) Modified on 11/15/2013 (Meuleman, A).
January 16, 2014
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 1/16/14 RECOMMENDING that Plaintiffs' motion to remand 20 be granted; and this action be remanded to the Superior Court of California, County of San Joaquin. Referred to Judge Garland E. Burrell, Jr; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
March 3, 2014
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ORDER signed by Judge Garland E. Burrell, Jr on 3/3/14 ADOPTING IN FULL 28 Findings and Recommendations; GRANTING 20 Motion to Remand. This action is REMANDED to Superior Court of California, County of San Joaquin. Copy of remand order sent to other court. CASE CLOSED. (Meuleman, A)