Emma Martin et al v. Serrano Post Acute, LLC, et al
| Kathryn Sessinghaus, Emma Martin and Elizabeth Gagliano |
| Serrano Post Acute, LLC dba Hollywood Healthcare Center, Marcel Adrian Solero Filart, Benjamin Landa, Serrano Post Acute LLC doing business as Hollywood Premier Healthcare Center also known as Serrano Healthcare also known as Serrano North Convalescent Hospital, Serrano Healthcare, Serrano North Convalescent Hospital and Does 1-50 |
| 2:2020cv05937 |
| July 1, 2020 |
| US District Court for the Central District of California |
| Dale S Fischer |
| Steve Kim |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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Filing 25
ORDER/REFERRAL to ADR Procedure No 3 by Judge Dale S. Fischer. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 2/28/22. (rfi)
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Filing 24
Order re Jury Trial by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics. Final Pretrial Conference set for 4/25/2022 at 3:00 PM before Judge Dale S. Fischer. Jury Trial set for 5/24/2022 at 8:30 AM before Judge Dale S. Fischer. (rfi)
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| Filing 23 TEXT ONLY ENTRY: (IN CHAMBERS) SCHEDULING ORDER. The Court takes the Scheduling Conference off calendar and establishes the case management dates as proposed by parties in the Joint Rule 26(f) Report as further described in the Schedule of Pretrial and Trial dates except as noted in the Order re Trial. (See Order re Trial for specific dates and times.) These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine unless the Court orders otherwise. All fictitiously named defendants are dismissed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 22 TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTIONS TO DISMISS OFF CALENDAR. In light of the filing of the First Amended Complaint #18 , the motions to dismiss #6 , #8 , and #9 , set for hearing on September 14, 2020, is taken off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 21 NOTICE OF ERRATA filed by Plaintiffs Elizabeth Gagliano, Emma Martin, Kathryn Sessinghaus. correcting Amended Complaint/Petition, #18 (Attachments: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7)(Murphy, Anne) |
| Filing 20 DECLARATION of Nerisa Viejo, LVN Opposition First NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #13 filed by Defendants Benjamin Landa, Serrano Post Acute LLC. (Cruz, Kim) |
| Filing 19 REQUEST FOR JUDICIAL NOTICE re First NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #13 In support of Opposition to Motion filed by Defendants Benjamin Landa, Serrano Post Acute LLC. (Attachments: #1 Exhibit A-Dec of Azar Invoking PREP Act, #2 Exhibit B-Notice of Removal, #3 Exhibit C, #4 Exhibit D-CMS Quality Safety & Oversight, #5 Exhibit E-February 6, 2020 Memo, #6 Exhibit F-Criteria to Guide Eval of Patients, #7 Exhibit G-Updated & Interim Guidance, #8 Exhibit H-Determination that Public Health Emergency Exists, #9 Exhibit :I-CMS March 4, 2020 Memo, #10 Exhibit J-Updated Guidance on Eval and Testing, #11 Exhibit K-CMS March 10, 2020 Memo, #12 Exhibit L-CMS March 13, 2020 Memo, #13 Exhibit M-March 17, 2020 CDC Memos, #14 Exhibit N-March 20, 2020 CMS Memo-Part 1 of 3, #15 Exhibit N-March 20, 2020 CMS Memo-Part 2 of 3, #16 Exhibit N-March 20, 2020 CMS Memo-Part 3 of 3, #17 Exhibit O-March 21, 2020 CDC Prep for Covid-19, #18 Exhibit P-3.30.2020 CMS Survey, #19 Exhibit Q-April 2, 2020 CMS Covid LTCF Guidance, #20 Exhibit R-April 10, 2020 Sec Azar Amended Dec, #21 Exhibit S-Advisory Op of HHS GC, #22 Exhibit T-List of Covered Countermeasures)(Cruz, Kim) |
| Filing 18 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery),, filed by Plaintiffs Kathryn Sessinghaus, Emma Martin, Elizabeth Gagliano (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Murphy, Anne) |
| Filing 17 JOINDER filed by Defendant Marcel Adrian Solero Filart joining in Objection/Opposition (Motion related), #16 . (Mayer, Patrick) |
| Filing 16 Opposition to Motion to Remand Opposition re: First NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #13 filed by Defendants Benjamin Landa, Serrano Post Acute LLC. (Attachments: #1 Declaration Declaration of Kim S. Cruz in Opposition to Motion to Remand)(Cruz, Kim) |
| Filing 15 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7 - 25 days, filed by Plaintiffs Elizabeth Gagliano, Emma Martin, Kathryn Sessinghaus.. (Murphy, Anne) |
| Filing 14 NOTICE of Errata filed by Defendant Benjamin Landa, Serrano Post Acute LLC. (Attachments: #1 Exhibit Request for Judicial Notice: Declaration of HHS Secretary Invoking PREP Act, #2 Exhibit Request for Judicial Notice: Amended Declaration Re: PREP Act, #3 Exhibit Request for Judicial Notice: Advisory Opinion by HHS General Counsel, #4 Exhibit Request for Judicial Notice: Covered Countermeasures EUA List, #5 Exhibit Request for Judicial Notice: All Facilities Letter 20-32, #6 Exhibit Request for Judicial Notice: How Coronavirus Spreads (CDC), #7 Exhibit Declaration of Kim S Cruz: July 7, 2020 Email re: exension, #8 Exhibit Declaration of Kim S. Cruz: Emails re: meet and confer, #9 Exhibit Declaration of Kim S. Cruz: Email confirming Pltfs stand by their Complaint)(Cruz, Kim) |
| Filing 13 First NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Elizabeth Gagliano, Emma Martin, Kathryn Sessinghaus. Motion set for hearing on 9/14/2020 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Proposed Order Granting Plaintiffs Motion to Remand) (Murphy, Anne) |
| Filing 12 DECLARATION of Anne Marie Murphy re Stipulation to Remand Case to State Court #11 filed by Plaintiffs Elizabeth Gagliano, Emma Martin, Kathryn Sessinghaus. (Attachments: #1 Exhibit 1- COVID-19 Long-Term Care Facility Guidance Article, #2 Exhibit 2 - PREP Act Question and Answers, #3 Exhibit 3- FDA Combating COVID-19 with Therapeutics Article, #4 Exhibit 4- FDA Combating COVID-19 with Medical Devices Acticel, #5 Exhibit 5- Advisory Opinion on the Public Readiness and Emergency Preparedness Act and the March 10, 2020 Declaration under the Act April 17,2020, sa modified on May 19, 2020 Article)(Murphy, Anne) |
| Filing 11 First STIPULATION to Remand Case to State Court filed by Plaintiff Elizabeth Gagliano, Emma Martin, Kathryn Sessinghaus. (Attachments: #1 Proposed Order Granting Plaintiffs Motion to Remand)(Murphy, Anne) |
| Filing 10 STIPULATION for Extension of Time to File filed by defendant Serrano Post Acute LLC.(Cruz, Kim) |
| Filing 9 NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss Case #8 filed by defendant Marcel Adrian Solero Filart. Motion set for hearing on 9/14/2020 at 01:30 PM before Judge Dale S. Fischer. (Eng, Kevin) |
| Filing 8 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Benjamin Landa, Serrano Post Acute LLC. Motion set for hearing on 9/14/2020 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Request for Judicial Notice, #2 Declaration of Kim S. Cruz in Support of Motion, #3 Proposed Order) (Cruz, Kim) |
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Filing 7
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 8/31/2020 at 11:00 AM before Judge Dale S. Fischer. (rfi)
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| Filing 6 NOTICE OF MOTION AND MOTION to Dismiss Case Per FRCP 12(b)(6) filed by defendant Marcel Adrian Solero Filart. Motion set for hearing on 9/14/2020 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Proposed Order) (Eng, Kevin) |
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Filing 5
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (rfi)
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| Filing 4 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Steve Kim. (esa) |
| CONFORMED COPY OF COMPLAINT against defendants Does, Marcel Adrian Solero Filart, Benjamin Landa, Serrano Post Acute LLC, Jury Demanded, filed by plaintiffs Kathryn Sessinghaus, Emma Martin, Elizabeth Gagliano. (filed in state court 5/21/20, submitted as document 1, p. 20) (esa) |
| PROOF OF SERVICE executed by Plaintiffs Kathryn Sessinghaus, Emma Martin, Elizabeth Gagliano, upon Defendant Serrano Post Acute LLC served on 5/27/2020. COPY OF Service of the Summons and Complaint were executed upon Juhn Cayabyah, Administrator 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 6/8/20, submitted as document 1, p. 83) (esa) |
| COPY OF PROOF OF SERVICE executed by Plaintiffs Kathryn Sessinghaus, Emma Martin, Elizabeth Gagliano, upon Defendant Benjamin Landa served on 6/1/2020. Service of the Summons and Complaint were executed upon Benjamin Landa, defendant, in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (filed in state court 6/10/20, submitted as document 1, p. 89) (esa) |
| COPY OF PROOF OF SERVICE executed by Plaintiffs Kathryn Sessinghaus, Emma Martin, Elizabeth Gagliano, upon Defendant Marcel Adrian Solero Filart served on 5/29/2020. Service of the Summons and Complaint were executed upon Marcel Adrian Solero Filart, M.D., defendant in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (filed in state court 6/8/20, submitted as document 1, p. 86) (esa) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Benjamin Landa, Serrano Post Acute, LLC dba Hollywood Healthcare Center. (Attachments: #1 Notice of Interested Parties, #2 Notice of Joinder)(Cruz, Kim) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, County of Los Angeles, case number 20STCV19545 Receipt No: ACACDC-27038004 - Fee: $400, filed by defendant Serrano Post Acute, LLC dba Hollywood Healthcare Center. (Attorney Kim Suzanne Cruz added to party Serrano Post Acute, LLC dba Hollywood Healthcare Center(pty:dft))(Cruz, Kim) |
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