Velanta Monique Babbitt et al v. Dignity Health, et al
| Brewer Deangelo, Monique Velanta Babbitt and Velanta Monique Babbitt |
| Doctor Sebhat Afework, Dignity Health, Does 1-25, inclusive and Dr. Sebhat Afework |
| Does 1-25 and United States of America |
| 2:2018cv06528 |
| July 27, 2018 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Frederick F Mumm |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on November 19, 2018. A more recent docket listing may be available from PACER.
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| Filing 42 REPLY in support of NOTICE OF MOTION AND MOTION to Substitute the United States and Stay of Proceedings #33 filed by Defendant Sebhat Afework. (Attachments: #1 Exhibit A - Davis v Estate of Dr. Joseph Perkins - HHS & AG Scope of Employment Certifications, #2 Exhibit B - Alvarez v Cox - HHS & AG Scope of Employment Certifications, #3 Exhibit C - Email from HHS-HRSA to Eisner's Former CEO)(Freedus, Matthew) |
| Filing 41 REPLY In Support NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #34 filed by Movant United States of America. (Attachments: #1 Exhibit A)(Beck, Daniel) |
| Filing 40 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #34 filed by Defendant Sebhat Afework. (Attachments: #1 Declaration of Dr. Sebhat Afework, #2 Declaration of Gregory Geer)(Freedus, Matthew) |
| Filing 39 OPPOSITION re: NOTICE OF MOTION AND MOTION to Substitute the United States and Stay of Proceedings #33 filed by Movant United States of America. (Attachments: #1 Declaration of Daniel Beck with Exhibits, #2 Declaration of Torres with Exhibit)(Beck, Daniel) |
| Filing 38 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial two weeks, filed by Defendant Dignity Health.. (O'Leary, Theodore) |
| Filing 37 CORPORATE DISCLOSURE STATEMENT filed by Defendant Dignity Health (O'Leary, Theodore) |
| Filing 36 NOTICE OF LODGING filed Proposed Order re NOTICE OF MOTION AND MOTION to Substitute the United States and Stay of Proceedings #33 (Attachments: #1 Proposed Order Granting Motion for Stay and Substitution of the United States)(Freedus, Matthew) |
Filing 35
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Court sua sponte continues the United States of America's motion to remand from September 21, 2018 to October 5, 2018 at 9:30 a.m. Further, the scheduling conference is continued to October 5, 2018 at 9:30 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 34 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court United States of America. Motion set for hearing on 9/21/2018 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration Daniel A. Beck, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Declaration Meredith Torres, #7 Exhibit 1, #8 Proposed Order) (Beck, Daniel) |
| Filing 33 NOTICE OF MOTION AND MOTION to Substitute the United States and Stay of Proceedings filed by defendant Sebhat Afework. Motion set for hearing on 10/5/2018 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Exhibit A - Notices of Deeming Action 2014-2019, #2 Exhibit B - Request for Change in Scope, #3 Exhibit C - Grant Award and Form 5 Activities and Locations, #4 Exhibit D - Letter Removing CHMC from Scope of Project) (Freedus, Matthew) |
| Filing 32 NOTICE OF PARTICIPATION BY THE UNITED STATES United States of America. (Beck, Daniel) |
| Filing 31 NOTICE of Appearance filed by attorney Daniel A Beck on behalf of Movant United States of America (Attorney Daniel A Beck added to party United States of America(pty:bkmov))(Beck, Daniel) |
| Filing 30 Certification and NOTICE of Interested Parties filed by Defendant Dignity Health, (O'Leary, Theodore) |
| Filing 29 RESPONSE filed by Defendant Sebhat Afeworkto Minutes of In Chambers Order/Directive - no proceeding held,, #16 RESPONSE TO OSC re: remand (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Geer, Gregory) |
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Filing 28
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO ORDER TO SHOW CAUSE by Judge Dolly M. Gee: IT IS HEREBY ORDERED that the Stipulation Extending Time #22 is approved. Dr. Afework shall file a response to the Court's order to show cause ("OSC") #16 by no later than 8/17/2018. Plaintiffs and Defendant Dignity Health may each file a reply, if any, by 8/24/2018. (gk)
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| Filing 27 REDACTED CIVIL COVER SHEET filed by Defendant Sebhat Afework. (Geer, Gregory) |
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Filing 26
ORDER RE DEFENDANT SEBHAT AFEWORK'S APPLICATION FOR LEAVE TO FILE CIVIL COVER SHEET UNDER SEAL by Judge Dolly M. Gee: The Court GRANTS Defendant Sebhat Afework's Application for Leave to File Civil Cover Sheet Under Seal #23 . The Court issues the following rulings: (1) Docket Entry Nos. #1 -1 to #1 -24 shall remain sealed; (2) Docket Entry No. #2 shall remain sealed; (3) Within three days of the date of this Order, Afework shall file on the public docket the redacted version of the Civil Cover Sheet that is found in Docket Entry No. #23 -2. (gk)
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| Filing 25 Notice of Appearance or Withdrawal of Counsel: for attorney Robert B Packer counsel for Defendant Dignity Health. Filed by DEFENDANT DIGNITY HEALTH. (Packer, Robert) |
| Filing 24 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Civil Cover Sheet under seal #23 filed by Defendant Sebhat Afework. (Attachments: #1 Unredacted Document)(Geer, Gregory) |
| Filing 23 APPLICATION to file document Civil Cover Sheet under seal filed by Defendant Sebhat Afework. (Attachments: #1 Proposed Order, #2 Redacted Document)(Geer, Gregory) |
| Filing 22 STIPULATION for Extension of Time to File Response to OSC as to Minutes of In Chambers Order/Directive - no proceeding held,, #16 filed by Defendant Sebhat Afework. (Attachments: #1 Exhibit A, #2 Proposed Order)(Geer, Gregory) |
| Filing 21 NOTICE OF REMOVAL from State Court of California County of Los Angeles - Central District, case number BC610296 with filing fee previously paid ($400.00 paid on 07/27/2018, receipt number 0973-22163937), filed by Defendant Sebhat Afework. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6)(Geer, Gregory) |
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Filing 20
ORDER by Judge Dolly M. Gee Granting Application of Non-Resident Attorney Jonay Foster Holkins to Appear Pro Hac Vice on behalf of Defendant Dr. Sebhat Afework, designating Gregory B. Geer as local counsel #14 . (gk)
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Filing 19
MINUTES OF IN CHAMBERS - ORDER DENYING WITHOUT PREJUDICE DEFENDANT AFEWORK'S MOTION FOR STAY OF PROCEEDINGS AND SUBSTITUTION OF THE UNITED STATES by Judge Dolly M. Gee: On 8/3/2018, Defendant Sebhat Afework moved for a stay of the proceedings, and for an order substituting the United States in his place #17 . The notice of motion asserts that Afework was not required to meet and confer under Local Rule 7-3. Neither this action nor the instant motion falls within any of the exceptions to Local Rule 7-3's meet-and-confer requirement. The Court DENIES Afework's motion without prejudice to refiling after compliance with all applicable procedural rules. The 9/14/2018 hearing is VACATED. See document for further details. Court Reporter: Not Reported. (gk)
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Filing 18
ORDER by Judge Dolly M. Gee Granting Application of Non-Resident Attorney Matthew S. Freedus to Appear Pro Hac Vice on behalf of Defendant Dr. Sebhat Afework, designating Gregory B. Geer as local counsel #13 . (gk)
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| Filing 17 NOTICE OF MOTION AND MOTION to Substitute Defendant United States for Defendant Sebhat Afework, M.D. Motion for Stay of the Proceedings and Substitution of the United States filed by Defendant Sebhat Afework. Motion set for hearing on 9/14/2018 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Exhibit Notice of Deeming Action 2014-2019, #2 Exhibit Request for Change in Scope, #3 Exhibit Grant Award and Form 5, #4 Exhibit Removal of CHMC from Scope of Project, #5 Proposed Order) (Geer, Gregory) |
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Filing 16
MINUTE (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE REMANDED TO LOS ANGELES COUNTY SUPERIOR COURT by Judge Dolly M. Gee: Accordingly, Afework is hereby ORDERED TO SHOW CAUSE why this action should not be remanded to Los Angeles County Superior Court on the ground of improper removal. Afework shall file a response by no later than August 10, 2018. Failure to timely file a satisfactory response by this deadline will result in the remand of this action. Plaintiff and Dignity Health may each file a reply, if any, by August 17, 2018. Each party's response, exclusive of supporting declarations, shall not exceed five pages. IT IS SO ORDERED. (See order for details.) (kti)
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Filing 15
ORDER RE DEFENDANT SEBHAT AFEWORKS APPLICATION FOR LEAVE TO FILE NOTICE OF REMOVAL UNDER SEAL #11 by Judge Dolly M. Gee: The Court issues the following rulings: 1. The Notice of Removal found in Docket Entry No. 1 shall remain sealed; and 2. Within three (3) days of the date of this Order, Afework shall file on the public docket the redacted version of the Notice of Removal that is found in Docket Entry No. 11-1. At Afework's request, the Court Clerk temporarily sealed the attachments to the Notice of Removal that are found in Docket Entry Nos. 1-1 to 1-24. Yet, Afework has not specifically applied for an order permanently sealing those documents, nor has he supplied the Court with proposed redactions thereto. See C.D. Cal. L.R. 79-5.2.2 (procedures for filing documents under seal). Therefore, Afework is ORDERED TO SHOW CAUSE why the Court should not unseal the attachments found in Docket Entry Nos. 1-1 to 1-24. Afework shall file a response by August 9, 2018. In lieu of a written response, Afework may file an application to seal some or all of said attachments. IT IS SO ORDERED. (See order for details.) (kti)
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| Filing 14 APPLICATION of Non-Resident Attorney Jonay Foster Holkins to Appear Pro Hac Vice on behalf of Defendant Sebhat Afework (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22198638) filed by Defendant Sebhat Afework. (Attachments: #1 Exhibit Certificate of Good Standing DC Court of Appeals, #2 Exhibit Certificate of Good Standing Supreme Court of Virginia, #3 Proposed Order) (Geer, Gregory) |
| Filing 13 APPLICATION of Non-Resident Attorney Matthew S. Freedus to Appear Pro Hac Vice on behalf of Defendant Sebhat Afework (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22198285) filed by Defendant Sebhat Afework. (Attachments: #1 Exhibit Certificate of Good Standing DC Court of Appeals, #2 Exhibit Certificate of Good Standing 3rd Circuit of New York, #3 Proposed Order) (Geer, Gregory) |
| Filing 12 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document NOTICE OF REMOVAL under seal #11 filed by Defendant Sebhat Afework. (Attachments: #1 Unredacted Document UNREDACTED VERSION OF DOCUMENT PROPOSED TO BE FILED UNDER SEAL)(Geer, Gregory) |
| Filing 11 APPLICATION to file document NOTICE OF REMOVAL under seal filed by Defendant Sebhat Afework. (Attachments: #1 Redacted Document REDACTED VERSION OF DOCUMENT PROPOSED TO BE FILED UNDER SEAL, #2 Proposed Order PROPOSED ORDER GRANTING APPLICATION)(Geer, Gregory) |
| Filing 10 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Rule 26 Meeting Report due by 8/31/2018. Scheduling Conference set for 9/14/2018 at 9:30 a.m. (See order for details.) (kti) |
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Filing 9
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 8 NOTICE of Interested Parties filed by Defendant Sebhat Afework, (Geer, Gregory) |
| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (esa) |
| Filing 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jonay Foster Holkins. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) |
| Filing 5 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Mattew S. Freedus. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (esa) |
| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Frederick F. Mumm. (esa) |
| Filing 2 SEALED CIVIL COVER SHEET filed by Defendant Sebhat Afework. (Geer, Gregory) |
| CONFORMED COPY OF COMPLAINT against defendants Sebhat Afework, Dignity Health, Does 1-25, inclusive, Jury Demand, filed by plaintiff Velanta Monique Babbitt. (Filed in state court 2/16/16, submitted as document 1, attachment 1) (esa) |
| CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Velanta Monique Babbitt, upon Defendant Dignity Health served on 2/7/2018. Service of the Summons and Complaint were executed upon Rick Grossman, Person Authorized to Accept Service of Process, in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Filed in state court 3/27/18, submitted as document 1, attachment 14) (esa) |
| CONFORMED COPY OF ANSWER to Complaint filed by defendant Dignity Health. (Filed in state court 3/19/2018, submitted as document 1, attachment 10)(esa) |
| CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Velanta Monique Babbitt, upon Defendant Sebhat Afework served on 3/26/2018. Service of the Summons and Complaint were executed upon Sebhat Afework, defendant, in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (Filed in state court 3/27/18, submitted as document 1, attachment 15) (esa) |
| Filing 1 SEALED NOTICE OF REMOVAL from Superior Court of California County of Los Angeles Central District, case number BC610296 Receipt No: 0973-22163937 - Fee: $400, filed by Defendant Sebhat Afework. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit Work Status Agreement, #3 Exhibit Notices of Deeming Action 2014-2019, #4 Exhibit Letter from Co-Defendant, #5 Exhibit Grant Award and Form 5, #6 Exhibit State Court Pleadings, #7 Application and Order for Appointment of Guardian ad Litem, #8 Order on Court fee waiver as to Babbitt, #9 Order on Court fee waiver as to B.D, #10 Defendant Dignity Health's Answer, #11 Defendant Dignity Health's Demand for Jury Trial, #12 Defendant Dignity Health's Notice of Posting Jury Fees, #13 Declaration Defendant Dignity Health's Demand Declaration of Trial Attorney, #14 Proof of service of summons and complaint as to defendant Dignity Health, #15 Proof of service of summons and complaint as to defendant Sebhat Afework, M.D., #16 Court's minute order from 3-29-18, #17 Court's minute order from 2-7-18, #18 Notice of continuance of hearing, #19 Court's minute order from 8-1-17, #20 Defendant Dignity Health's motion to compel responses of Plaintiff B.D. to demand for production, #21 Defendant Dignity Health's motion to compel responses of Plaintiff Babbitt to demand for production, #22 Defendant Dignity Health's motion to compel responses of Plaintiff Babbitt to form and special interrogatories, #23 Defendant Dignity Health's motion to compel responses of Plaintiff B.D. to form and special interrogatories, #24 Civil Cover Sheet Civil Case Cover Sheet) (Attorney Gregory B Geer added to party Sebhat Afework(pty:dft))(Geer, Gregory) |
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