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17-749 - (PS) Clay v. AT&T Umbrella Benefit Plan No. 3


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17-749 - (PS) Clay v. AT&T Umbrella Benefit Plan No. 3
April 14, 2017
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ORDER signed by Magistrate Judge Gregory G. Hollows on 4/10/17 ORDERING that Plaintiff's Request to proceed in forma pauperis 2 is GRANTED. Plaintiff must file an amended complaint within thirty days from the filed date of this Order. Failure to file the amended complaint may result in a recommendation that the entire action be dismissed with prejudice. (Mena-Sanchez, L)
May 24, 2017
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ORDER signed by Magistrate Judge Gregory G. Hollows on 5/23/2017 ORDERING Service is appropriate for defendant AT&T Integrated Disability ServiceCenter; the Clerk of the Court is directed to issue forthwith, and the U.S. Marshal is directed to serve within 90 days of the date of this order, all process pursuant to FRCP 4, including a copy of this court's status order, without prepayment of costs; the Clerk of the Court shall send plaintiff one each USM-285 form, summons, a copy of the complaint, an appropriate form for consent to trial by a magistrate judge, and this court's status order; Plaintiff is directed to supply the U.S. Marshal, within 14 days from the date this order is filed, all information needed by the Marshal to effect service of process, and shall file a statement with the court that said documents have been submitted to the USM; The Clerk of the Court is directed to serve a copy of this order on the U.S. Marshal, Sacramento, CA. (Reader, L)
July 18, 2017
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ORDER signed by Magistrate Judge Gregory G. Hollows on 7/17/2017 ORDERING Defendant's time to file an Answer or other response to 5 First Amended Complaint shall be EXTENDED up to 7/27/2017. (Washington, S)
September 19, 2017
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ORDER signed by Magistrate Judge Gregory G. Hollows on 9/19/2017 GRANTING 21 Request to Appear Telephonically. Attorney Daniel Combs may appear telephonically at the 9/21/2017 hearing. (Donati, J)
October 23, 2017
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STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 10/23/17 ORDERING that Defendant shall file its response to Amended Complaint 25 on or before 11/7/2017. (Mena-Sanchez, L)
November 9, 2017
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/8/2017 ORDERING defendant's Response to plaintiff's Third Amended Complaint shall be filed by 11/14/2017. (Zignago, K.)
December 27, 2017
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[MOOT AS PER 51 ORDER] - FINDINGS and RECOMMENDATIONS and ORDER signed by Magistrate Judge Gregory G. Hollows on 12/22/17, RECOMMENDING that a stay of this action be entered for 60 days commencing with the filed date of this Findings and Recommendation. It is hereby ORDERED that AT&T shall notify the court forthwith, but in no event later than 60 days from the filed date of this Order, of the completion of the administrative appeal, and shall file the final decision regarding the appeal. The Clerk shall change the name of the defendant in this case to: AT&T Umbrella Benefit Plan No. 3; all parties shall henceforth use this caption in all pleadings. Matter REFERRED to Judge Kimberly J. Mueller. Within ten days after being served with these Findings and Recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
February 26, 2018
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ORDER signed by Magistrate Judge Gregory G. Hollows on 2/26/2018 ORDERING 3 the plaintiff, who appears pro se, is hereby GRANTED permission to use the ECF system to file and serve documents pursuant to EDCA Local Rule 133(b)(3); Plaintiff shall contact the Clerk of the Court, 501 I Street, Fourth Floor, for enrollment in and instructions regarding use of the ECF filing system. (Reader, L)
March 8, 2018
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ORDER signed by Magistrate Judge Gregory G. Hollows on 3/8/18: Plaintiff shall file an amended complaint within 21 days of the hearing, or by March 15, 2018. Defendant may make a Motion to Dismiss and this will be the last such motion as any order entered by the court after hearing will be final on the issue of pleading and the case will move on, if at all, to further scheduling. Plaintiff will be accorded access to the ECF filing system; until that is finalized defendant agrees plaintiff may serve all documents by email. (Kaminski, H)
April 17, 2018
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ORDER signed by Magistrate Judge Gregory G. Hollows on 4/16/18 GRANTING 45 Motion for counsel to attend by telephone the hearing scheduled for May 3, 2018 at 9:00 a.m. (Kaminski, H)
June 4, 2018
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 6/1/18 RECOMMENDING that: Claims 1, 3, and 4 proceed as described in this Findings and Recommendations; Claim 2 be dismissed without leave to amend; Claim 5 be dismissed without leave to amend; Claims 6 through 11 be dismissed without leave to amend; Claim 12 be dismissed as surplusage; Claim 13 be dismissed without leave to amend. ORDERING that "AT&T Umbrella Benefit Plan No. 3" shall be inserted as the only defendant in this case. F&R referred to District Judge Kimberly J. Mueller. Objections to F&R due within twenty-one days. (Kaminski, H)