Estela Escarcega, et al v. Verdugo Vista Operating Company, LP et al
| Estela Escarcega, by and through her Successor in Interest, Hector Escarcega, Hector Escarcega and Estela Escarcega |
| Verdugo Vista Operating Company, LP dba La Crescenta Healthcare Center, a limited partnership, Regal Medical Group, Inc., a California corporation, Pablo J. Bassuk, MD, Does 1-25, inclusive, Verdugo Vista Operating Company, LP, Pablo J. Bassuk, Regal Medical Group, Inc. and Verdugo Vista Operating Company, LP a limited partnership doing business as La Crescenta Healthcare Center |
| 2:2019cv09478 |
| November 4, 2019 |
| US District Court for the Central District of California |
| Frederick F Mumm |
| George H Wu |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal - Wrongful Death |
| Defendant |
Docket Report
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| Filing 39 Receipt of Acknowledgement of the documents by Superior Court of California, 19GDCV01088. (lom) |
| Filing 38 TRANSMITTAL of documents to Los Angeles County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles County Superior Court. (mrgo) |
Filing 37
MINUTE ORDER (IN CHAMBERS) - RULING ON PLAINTIFFS' MOTION TO REMAND TO THE LOS ANGELES SUPERIOR COURT FOR LACK OF SUBJECT MATTER JURISDICTION #17 ; and REGAL MEDICAL GROUP, INC.'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UNDER FED. R. CIV. P. 12(B)(6) AND FOR LACK OF SUBJECT MATTER JURISDICTION UNDER FED. R. CIV. P. 12(B)(1) #12 by Judge George H. Wu. Attached hereto is the Court's Final Rulings on above Motions. The Court DENIES Plaintiffs' Motion to Remand. Additionally, the Court GRANTS Regal's Motion to Dismiss Plaintiffs' wrongful death claim against Regal. Finally, the Court REMANDS the remaining claims back to the Los Angeles Superior Court. MD JS-6. Case Terminated. (mrgo)
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| Filing 36 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #12 , NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #17 filed by Defendant Regal Medical Group, Inc.. (Khachatryan, Kevin) |
| Filing 35 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/27/2020 8:30 a.m. re Transcript #34 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY |
| Filing 34 TRANSCRIPT for proceedings held on 2/27/2020 8:30 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/6/2020. Redacted Transcript Deadline set for 4/14/2020. Release of Transcript Restriction set for 6/12/2020. (Hourigan, Terri) |
| Filing 33 TEXT-ONLY ENTRY (IN CHAMBERS): by Judge George H. Wu; Defendant Regal Medical Group is ordered to file a response to Plaintiffs further briefing #32 by Friday, March 20, 2020. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 32 Plaintiffs' Further Briefing Re Motion To Remand and Motion To Dismiss re NOTICE OF MOTION AND MOTION to Dismiss Case #12 , NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #17 Plaintiffs' Further Briefing Re Motion To Remand and Motion To Dismiss filed by Plaintiff Estela Escarcega. (Moore, Jody) |
| Filing 31 MINUTES OF PLAINTIFFS' MOTION TO REMAND TO THE LOS ANGELES SUPERIOR COURT FOR LACK OF SUBJECT MATTER JURISDICTION #17 ; REGAL MEDICAL GROUP, INC.'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UNDER FED. R. CIV. P. 12(B)(6) AND FOR LACK OF SUBJECT MATTER JURISDICTION UNDER FED. R. CIV. P. 12(B)(1) #12 ; SCHEDULING CONFERENCE Hearing held before Judge George H. Wu. The Court's Tentative Ruling is circulated and attached hereto. Court hears oral argument. For reasons stated on the record, Plaintiff's offer of proof is to be filed by March 9, 2020. The Court sets a nonappearance status conference for March 16, 2020. Court to issue ruling. The scheduling conference is taken off-calendar to be reset if necessary. Court Reporter: Terri A. Hourigan. (mrgo) |
| Filing 30 TEXT-ONLY ENTRY (IN CHAMBERS): by Judge George H. Wu: Pursuant to the request of counsel, PLAINTIFFS' MOTION TO REMAND TO THE LOS ANGELES SUPERIOR COURT FOR LACK OF SUBJECT MATTER JURISDICTION #17 , REGAL MEDICAL GROUP, INC.S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UNDER FED. R. CIV. P. 12(B)(6) AND FOR LACK OF SUBJECT MATTER JURISDICTION UNDER FED. R. CIV. P. 12(B)(1) #12 , and the SCHEDULING CONFERENCE, previously scheduled for 02/10/2020 are CONTINUED to 2/27/2020 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 29 TEXT-ONLY ENTRY (IN CHAMBERS): by Judge George H. Wu: The Court, on its own motion, CONTINUES PLAINTIFFS' MOTION TO REMAND TO THE LOS ANGELES SUPERIOR COURT FOR LACK OF SUBJECT MATTER JURISDICTION #17 , REGAL MEDICAL GROUP, INC.S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UNDER FED. R. CIV. P. 12(B)(6) AND FOR LACK OF SUBJECT MATTER JURISDICTION UNDER FED. R. CIV. P. 12(B)(1) #12 and the SCHEDULING CONFERENCE previously scheduled for 02/03/2020 to 2/10/2020 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 28 TEXT-ONLY ENTRY (IN CHAMBERS) - by Judge George H. Wu: The Court, on its own motion, CONTINUES PLAINTIFFS' MOTION TO REMAND TO THE LOS ANGELES SUPERIOR COURT FOR LACK OF SUBJECT MATTER #17 , REGAL MEDICAL GROUP, INC.S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UNDER FED. R. CIV. P. 12(B)(6) AND FOR LACK OF SUBJECT MATTER JURISDICTION UNDER FED. R. CIV. P. 12(B)(1) #12 , and the SCHEDULING CONFERENCE previously scheduled for 01/13/2020 to 2/3/2020 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 27 Certification and NOTICE of Interested Parties filed by Defendant Verdugo Vista Operating Company, LP, identifying Verdugo Vista Operating Company, LP. (Attorney Darryl A Ross added to party Verdugo Vista Operating Company, LP(pty:dft))(Ross, Darryl) |
| Filing 26 NOTICE of Change of Attorney Business or Contact Information: for attorney Jody C Moore counsel for Plaintiff Estela Escarcega. Changing Joanna@Johnson-Moore.com to Joanna@Johnson-Moore.com. Filed by Plaintiff Estela Escarcega. (Moore, Jody) |
| Filing 25 TEXT-ONLY ENTRY (IN CHAMBERS) - by Judge George H. Wu: The SCHEDULING CONFERENCE previously scheduled for 01/06/2020 is CONTINUED to 1/13/2020 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 24 TEXT-ONLY ENTRY (IN CHAMBERS) - by Judge George H. Wu: The Court, on its own motion, CONTINUES PLAINTIFFS' MOTION TO REMAND TO THE LOS ANGELES SUPERIOR COURT FOR LACK OF SUBJECT MATTER JURISDICTION #17 , and REGAL MEDICAL GROUP, INC.S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UNDER FED. R. CIV. P.12(B)(6) AND FOR LACK OF SUBJECT MATTER JURISDICTION UNDER FED. R. CIV. P. 12(B)(1) #12 previously scheduled for 01/06/2020 to 1/13/2020 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 23 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #12 filed by Defendant Regal Medical Group, Inc.. (Tesh-Glarum, Mary) |
| Filing 22 REPLY Plaintiffs' Reply Brief In Support of the Motion To Remand To The LASC For Lack of Subject Magger Jurisdiction NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #17 filed by Plaintiff Estela Escarcega. (Moore, Jody) |
| Filing 21 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 12 days, filed by Plaintiff Estela Escarcega.. (Moore, Jody) |
| Filing 20 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #17 filed by Defendant Regal Medical Group, Inc.. (Tesh-Glarum, Mary) |
| Filing 19 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #12 For Failure To State A Claim and For Lack Of Subject Matter Jurisdiction filed by Plaintiff Estela Escarcega. (Moore, Jody) |
| Filing 18 NOTICE of Interested Parties filed by Plaintiff Estela Escarcega, identifying Hector Escarcega. (Moore, Jody) |
| Filing 17 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Estela Escarcega. Motion set for hearing on 1/6/2020 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order) (Moore, Jody) |
| Filing 16 NOTICE Notice of Scheduling Conference filed by Plaintiff Hector Escarcega. (Moore, Jody) |
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Filing 15
AMENDED MINUTE ORDER IN CHAMBERS - ORDER SETTING SCHEDULING CONFERENCE by Judge George H. Wu. (Rule 26 Meeting Report due by December 23, 2019. Scheduling Conference set for January 6, 2020 at 8:30 a.m. before Judge George H. Wu.) re #13 . (et)
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Filing 14
Standing Order Re Final Pre-Trial Conferences for Civil Jury Trials Before Judge George H. Wu by Judge George H. Wu. (See document for details). (et)
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Filing 13
MINUTES [IN CHAMBERS] ORDER SETTING SCHEDULING CONFERENCE by Judge George H. Wu. The Court sets a Scheduling Conference for January 6, 2020 at 8:30 a.m. Counsel are reminded of their obligations to disclose information, confer on a discovery plan, and report to the Court, as required by F.R.C.P. 26 and the Local Rules of this Court. Trial counsel are ordered to be present. A Joint 26(f) Report shall be filed with the Court no later than December 23, 2019. See Local Rule 26-1. (et)
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| Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Regal Medical Group, Inc.. Motion set for hearing on 1/6/2020 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order) (Tesh-Glarum, Mary) |
| Filing 11 NOTICE of Interested Parties filed by defendant Pablo J. Bassuk, (Schwalbach, Jon) |
| Filing 10 ANSWER to Complaint - (Discovery), with JURY DEMAND filed by defendant Pablo J. Bassuk.(Attorney Jon R Schwalbach added to party Pablo J. Bassuk(pty:dft))(Schwalbach, Jon) |
| Filing 9 STIPULATION Extending Time to Answer the complaint as to Regal Medical Group, Inc. answer now due 11/18/2019, re Complaint - (Discovery), filed by Defendant Regal Medical Group, Inc..(Tesh-Glarum, Mary) |
| Filing 8 NOTICE to Adverse Parties of Removal of Action to US District Court for the Central District of California Under 28 U.S.C. Sec. 1441(a), 28 U.S.C. Sec. 1331 (Federal Question) and 28 U.S.C. Sec. 1442(a) (Federal Officer Jurisdiction) filed by Defendant Regal Medical Group, Inc.. (Tesh-Glarum, Mary) |
| Filing 7 PROOF OF SERVICE filed by Defendant Regal Medical Group, Inc., re Certificate/Notice of Interested Parties #3 , Civil Cover Sheet (CV-71) #2 , Notice of Removal (Attorney Civil Case Opening), #1 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Notice of Assignment to United States Judges(CV-18) - optional html form #5 , Errata #4 served on 11/5/2019. (Tesh-Glarum, Mary) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge Frederick F. Mumm. (esa) |
| CONFORMED COPY OF COMPLAINT against defendants Pablo J. Bassuk, Does, Regal Medical Group, Inc., Verdugo Vista Operating Company, LP, filed by plaintiffs Estela Escarcega, Hector Escarcega. (filed in state court 8/26/19, submitted as document 4, attachment 1, p. 2) (esa) |
| CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiffs Estela Escarcega, Hector Escarcega, upon Defendant Pablo J. Bassuk served on 10/16/2019. Service of the Summons and Complaint were executed upon Pablo J. Bassuk, M.D., defendant, in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (filed in state court 10/18/19, submitted as document 4, attachment 1, p. 62) (esa) |
| CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiffs Estela Escarcega, Hector Escarcega, upon Defendant Verdugo Vista Operating Company, LP served on 10/10/2019. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Process of Service, 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 10/18/19, submitted as document 4, attachment 1, p. 65) (esa) |
| CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiffs Estela Escarcega, Hector Escarcega, upon Defendant Regal Medical Group, Inc. served on 10/3/2019. Service of the Summons and Complaint were executed upon Michael Fate, Agent for Service, 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 10/18/19, submitted as document 4, attachment 1, p. 68) (esa) |
| Filing 4 NOTICE OF ERRATA filed by Defendant Regal Medical Group, Inc., a California corporation. correcting Notice of Removal (Attorney Civil Case Opening), #1 (Attachments: #1 Exhibit A)(Tesh-Glarum, Mary) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Regal Medical Group, Inc., a California corporation, (Tesh-Glarum, Mary) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Regal Medical Group, Inc., a California corporation. (Tesh-Glarum, Mary) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, case number 19GDCV01088 Receipt No: 0973-24721781 - Fee: $400, filed by Defendant Regal Medical Group, Inc., a California corporation. (Attachments: #1 Exhibit 1) (Attorney Mary Tesh-Glarum added to party Regal Medical Group, Inc., a California corporation(pty:dft))(Tesh-Glarum, Mary) |
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