Jackie Saldana et al v. Glenhaven Healthcare LLC, et al
| Jackie Saldana, Ricardo Saldana, Jr., Celia Saldana, Maria Saldana and Maria Saldana, as successors and heirs of Ricardo Saldana, deceased |
| Matthew Karp, Does 1 through 100, inclusive, Caravan Operations Corp., a California corporation, Glenhaven Healthcare LLC, a California corporation, Benjamin Karp, Caravan Operations Corp. and Glenhaven Healthcare LLC |
| 2:2020cv05631 |
| June 24, 2020 |
| US District Court for the Central District of California |
| Maria A Audero |
| Fernando M Olguin |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 Notice of Removal - Personal Injury |
| Plaintiff |
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| Filing 42 MANDATE of Ninth Circuit Court of Appeals filed re: USCA Memorandum/Opinion/Order #41 , Notice of Appeal to 9th Circuit Court of Appeals #38 , CCA # 20-56194. The judgment of this Court, entered February 22, 2022, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. Costs are taxed against the appellant in the amount of $54.60. (car) |
| Filing 41 OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #38 filed by Glenhaven Healthcare LLC. CCA # 20-56194. The decision of the District Court is AFFIRMED. (iv) |
Filing 40
MINUTES (IN CHAMBERS) ORDER RE: MOTION #36 by Judge Fernando M. Olguin. Defendants' Motion is denied for the reasons set forth in the Court's Order of October 14, 2020. (iv)
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| Filing 39 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-56194 assigned to Notice of Appeal to 9th Circuit Court of Appeals #38 as to Defendant Glenhaven Healthcare LLC. (iv) |
| Filing 38 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendants Glenhaven Healthcare LLC. Appeal of Order on Motion to Dismiss Case, #26 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-28966141.) (McIntyre, Lann) |
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Filing 37
ORDER STRIKING by Judge Fernando M. Olguin Re: MOTION to Stay #36 . The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason(s): Case closed. Case remanded to state court. (vdr)
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| Filing 36 NOTICE OF MOTION AND MOTION to Stay pending MOTION FOR RECALL OF REMAND AND AUTOMATIC 30 DAY STAY OF ENFORCEMENT OF COURTS OCTOBER 14, 2020 ORDER TO REMAND Order on Motion to Dismiss Case, #26 , Order on Motion to Stay Case #34 filed by Defendants Caravan Operations Corp., Does, Glenhaven Healthcare LLC, Benjamin Karp, Matthew Karp. (Attachments: #1 Proposed Order, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B) (Christopoulos, Lynnette) Modified on 11/10/2020 (vdr). Modified on 11/13/2020 (vdr). |
| Filing 35 Receipt of Copy of Remand Transmittal Letter from Los Angeles Superior Court, Case No. 20STCV19417, acknowledged on 10/20/2020. (iv) |
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Filing 34
MINUTES (IN CHAMBERS) ORDER RE: EX PARTE APPLICATION by Judge Fernando M. Olguin. Defendants' Application #33 is denied. (iv)
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| Filing 33 EX PARTE APPLICATION to Stay Case pending FOR AUTOMATIC 30 DAY STAY OF ENFORCEMENT OF COURTS OCTOBER 14, 2020 ORDER TO REMAND filed by Defendants Caravan Operations Corp., Does, Glenhaven Healthcare LLC, Benjamin Karp, Matthew Karp. (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order) (Christopoulos, Lynnette) |
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Filing 32
ORDER STRIKING by Judge Fernando M. Olguin Re: Miscellaneous Document #29 . The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason(s): (1) Incorrect event selected. (2) Proposed Document was not submitted as separate attachment. (vdr)
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Filing 31
ORDER STRIKING by Judge Fernando M. Olguin Re: Miscellaneous Document #28 . The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order for the following reason(s): (1) Hearing information is missing, incorrect, or not timely. (2) Local Rule 7-19.1 Notice to other parties of ex parte application lacking. (3) Proposed Document was not submitted as separate attachment. (4) Incorrect event selected. The correct event is: motion or ex parte application. (vdr)
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| Filing 30 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request #28 , Proposed Order #29 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events -Motions and Related Filings - Applications/Ex Parte Applications/Motions/Petitions/Requests. Proposed order should accompany the request as an attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv) |
| Filing 29 *STRICKEN* [PROPOSED] ORDER ON DEFENDANTS GLENHAVEN HEALTHCARE LLCS; CARAVAN OPERATIONS CORPS.; MATTHEW KARPS and BENJAMIN KARPS REQUEST FOR AUTOMATIC 30 DAY STAY OF ENFORCEMENT OF COURTS OCTOBER 14, 2020 ORDER TO REMAND re: Order on Motion to Dismiss Case, #26 , Miscellaneous Document #28 (Christopoulos, Lynnette) Modified on 10/16/2020 (vdr). |
| Filing 28 *STRICKEN* Defendants' Request for Automatic 30 Days Stay of Enforcement of Court's October 14, 2020 Order to Remand re: Order on Motion to Dismiss Case, #26 (Christopoulos, Lynnette) Modified on 10/16/2020 (vdr). |
| Filing 27 TRANSMITTAL of documents to Los Angeles 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 Superior Court. (iv) |
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Filing 26
MINUTES (IN CHAMBERS) ORDER RE: MOTION TO REMAND by Judge Fernando M. Olguin. Plaintiffs' Motion to Remand #11 is granted in part and denied in part. The above-captioned action shall be remanded to the Superior Court of the State of California for the County of Los Angeles, 111 N. Hill St., Los Angeles, CA 90012, for lack of subject matter jurisdiction pursuant to 28 U.S.C. 1447(c). Plaintiffs' request for attorney's fees is denied. ( MD JS-6. Case Terminated ) (iv)
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Filing 25
ORDER GRANTING STIPULATION #24 TO CONTINUE SCHEDULING CONFERENCE AND RELATED DEADLINES by Judge Fernando M. Olguin. The Scheduling Conference is continued to November 19, 2020, at 10:00 a.m. (iv)
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| Filing 24 Joint STIPULATION to Continue Scheduling Conference and Related Deadlines from 10/15/20 to 11/16/20 Re: Initial Order Setting R26 Scheduling Conference - form only #16 filed by Defendants Caravan Operations Corp., Does, Glenhaven Healthcare LLC, Benjamin Karp, Matthew Karp. (Attachments: #1 Proposed Order Exhibit Proposed Order)(Christopoulos, Lynnette) |
| Filing 23 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Dismiss #14 is taken off the 9/3/2020 calendar and placed under submission. No appearances are required on 9/3/2020. An order with the court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 22 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Remand #11 is taken off the 8/27/2020 calendar and placed under submission. No appearances are required on 8/27/2020. An order with the court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY |
| Filing 21 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Rules 12(b)(6), 12(e) and 12(f) #14 REPLY TO OPPOSITION filed by Defendants Caravan Operations Corp., Does, Glenhaven Healthcare LLC, Benjamin Karp, Matthew Karp. (Christopoulos, Lynnette) |
| Filing 20 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #11 filed by Plaintiffs Celia Saldana, Jackie Saldana, Maria Saldana, Ricardo Saldana, Jr.. (Glovsky, Scott) |
| Filing 19 OPPOSITION IN OPPOSITION TO re: NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Rules 12(b)(6), 12(e) and 12(f) #14 filed by Plaintiffs Celia Saldana, Jackie Saldana, Maria Saldana, Ricardo Saldana, Jr.. (Attachments: #1 Declaration Decl. of Scott C. Glovsky ISO Plntfs' Oppo to Mtn to Dismiss)(Glovsky, Scott) |
| Filing 18 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #11 filed by Defendants Caravan Operations Corp., Does, Glenhaven Healthcare LLC, Benjamin Karp, Matthew Karp. (Attachments: #1 Declaration Decl in support of Opposition to Motion to Remand, #2 Objection to Declaration of Scott Glovsky)(Christopoulos, Lynnette) |
| Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request for Judicial Notice #15 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - Motions and Related Filings - Responses/Replies/Other Motion Related Documents -For Judicial Notice. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv) |
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Filing 16
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Scheduling Conference set for 10/15/2020 at 10:00 AM before Judge Fernando M. Olguin. (vdr)
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| Filing 15 Request for Judicial Notice filed by Defendants Caravan Operations Corp., Glenhaven Healthcare LLC, Benjamin Karp, Matthew Karp re: NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Rules 12(b)(6), 12(e) and 12(f) #14 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Christopoulos, Lynnette) |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to Rules 12(b)(6), 12(e) and 12(f) filed by defendants Caravan Operations Corp., Glenhaven Healthcare LLC, Benjamin Karp, Matthew Karp. Motion set for hearing on 9/3/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration of Lynnette A. Christopoulos, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Proposed Order) (Christopoulos, Lynnette) |
| Filing 13 Notice of Electronic Filing re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #11 , Certificate/Notice of Interested Parties #12 e-mailed to Ari Dybnis bounced due to No longer with firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY |
| Filing 12 CERTIFICATE of Interested Parties filed by Plaintiffs Celia Saldana, Jackie Saldana, Maria Saldana, Ricardo Saldana, Jr., identifying Jackie Saldana, Celia Saldana, Ricardo Saldana Jr., Maria Saldana. (Glovsky, Scott) |
| Filing 11 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by plaintiffs Celia Saldana, Jackie Saldana, Maria Saldana, Ricardo Saldana, Jr.. Motion set for hearing on 8/27/2020 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration of Scott C. Glovsky in Support of Motion to Remand, #2 Proposed Order) (Glovsky, Scott) |
| Filing 10 Joint STIPULATION Extending Time to Answer the complaint as to Glenhaven Healthcare LLC answer now due 7/31/2020; Caravan Operations Corp. answer now due 7/31/2020; Benjamin Karp answer now due 7/31/2020; Matthew Karp answer now due 7/31/2020; Does answer now due 7/31/2020, filed by Defendants Glenhaven Healthcare LLC; Caravan Operations Corp.; Benjamin Karp; Matthew Karp; Does.(Attorney Lynnette Avaness Christopoulos added to party Does(pty:dft))(Christopoulos, Lynnette) |
| Filing 9 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 8 PROOF OF SERVICE filed by Defendants Caravan Operations Corp., Does, Glenhaven Healthcare LLC, Benjamin Karp, Matthew Karp, served on re Judge's Initial Standing Order. (Christopoulos, Lynnette) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Maria A. Audero. (car) |
| Filing 5 EXHIBIT Filed filed by Defendants Caravan Operations Corp., Does, Glenhaven Healthcare LLC, Benjamin Karp, Matthew Karp. as to Notice of Removal (Attorney Civil Case Opening),,, #3 , Amended Complaint,. (Christopoulos, Lynnette) |
| NON-CONFORMED COPY OF FIRST AMENDED COMPLAINT against Defendants Caravan Operations Corp., Does 1 through 100, Glenhaven Healthcare LLC, Benjamin Karp, Matthew Karp amending Complaint - (Discovery),, filed by Plaintiffs Ricardo Saldana, Jr., Celia Saldana, Jackie Saldana, Maria Saldana. Submitted with Attachment 7 Exhibit A to Notice of Removal #3 (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Caravan Operations Corp., Does 1 through 100, inclusive, Glenhaven Healthcare LLC, Benjamin Karp, Matthew Karp. Jury Demanded, filed by Plaintiffs Ricardo Saldana, Jr., Celia Saldana, Jackie Saldana, Maria Saldana. Filed in State Court on 5/21/2020 Submitted with Attachment 2 Exhibit A to Notice of Removal #3 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiffs Ricardo Saldana, Jr., Celia Saldana, Jackie Saldana, Maria Saldana, upon Defendant Glenhaven Healthcare LLC served on 5/27/2020, answer due 6/17/2020. Service of the Summons and Complaint were executed upon Mathew Karp Agent for 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 on 6/12/2020 Submitted with Attachment 8 Exhibit A to Notice of Removal #3 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiffs Ricardo Saldana, Jr., Celia Saldana, Jackie Saldana, Maria Saldana, upon Defendant Caravan Operations Corp. served on 5/27/2020, answer due 6/17/2020. Service of the Summons and Complaint were executed upon Mathew Karp CEO Authorized to Accept 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 on 6/12/2020 Submitted with Attachment 9 Exhibit A to Notice of Removal #3 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiffs Ricardo Saldana, Jr., Celia Saldana, Jackie Saldana, Maria Saldana, upon Defendant Matthew Karp served on 5/27/2020, answer due 6/17/2020. Service of the Summons and Complaint were executed upon Matthew Karp at Caravan Operations Corp in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. Filed in State Court on 6/12/2020 Submitted with Attachment 10 Exhibit A to Notice of Removal #3 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiffs Ricardo Saldana, Jr., Celia Saldana, Jackie Saldana, Maria Saldana, upon Defendant Benjamin Karp served on 6/1/2020, answer due 6/22/2020. Service of the Summons and Complaint were executed upon Mathew Karp CEO in compliance with California Code of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons NOT returned. Filed in State Court on 6/4/2020 Submitted with Attachment 11 Exhibit A to Notice of Removal #3 (car) |
| Filing 4 PROOF OF SERVICE filed by Defendants Caravan Operations Corp., a California corporation, Does, Glenhaven Healthcare LLC, a California corporation, Benjamin Karp, Matthew Karp, re Certificate/Notice of Interested Parties,,, #2 , Civil Cover Sheet (CV-71) #1 , Notice of Removal (Attorney Civil Case Opening),,, #3 served on 6/24/2020. (Christopoulos, Lynnette) |
| Filing 3 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20STCV19417 with filing fee previously paid ($400.00 paid on 06/24/2020, receipt number ACACDC-26943734), filed by Defendants Glenhaven Healthcare LLC, a California corporation, Caravan Operations Corp., a California corporation, Benjamin Karp, Matthew Karp, Does. (Attachments: #1 Exhibit Exh. A1 Summons, #2 Exhibit Exh. A2 Complaint, #3 Exhibit Exh. A3 Civil Cover Sheet, #4 Exhibit Exh. A4 Court's Notice of Assignment and CMC, #5 Exhibit Exh. A5 OSC re Failure File POS, #6 Exhibit Exh. A6 Pltf's CMC Notice, #7 Exhibit Exh. A7 First Amended Complaint, #8 Exhibit Exh. A8 Pltf's CMC Notice, #9 Exhibit Exh. A9 POS re Caravan Operations, #10 Exhibit Exh. A10 POS re Matthew Karp, #11 Exhibit Exh. A11 POS re Benjamin Karp, #12 Exhibit Exh. B - Notice Adverse Party, #13 Exhibit Exh. C - Notice To State Court of Removal to Federal Court)(Christopoulos, Lynnette) |
| Filing 2 Notice and Certificate of Interested Parties of Interested Parties filed by Defendants Caravan Operations Corp., a California corporation, Does, Glenhaven Healthcare LLC, a California corporation, Benjamin Karp, Matthew Karp, (Attachments: #1 Proof of Service re Certificate of Interested Parties)(Attorney Lynnette Avaness Christopoulos added to party Caravan Operations Corp., a California corporation(pty:dft), Attorney Lynnette Avaness Christopoulos added to party Does(pty:dft), Attorney Lynnette Avaness Christopoulos added to party Glenhaven Healthcare LLC, a California corporation(pty:dft), Attorney Lynnette Avaness Christopoulos added to party Benjamin Karp(pty:dft), Attorney Lynnette Avaness Christopoulos added to party Matthew Karp(pty:dft))(Christopoulos, Lynnette) |
| Filing 1 CIVIL COVER SHEET filed by Defendants Caravan Operations Corp., a California corporation, Does, Glenhaven Healthcare LLC, a California corporation, Benjamin Karp, Matthew Karp. (Attachments: #1 Proof of Service)(Christopoulos, Lynnette) |
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