Christian Van Cleave v. Sunrise Senior Living Management, Inc. et al
Plaintiff: Christian Van Cleave
Defendant: Does 1-50 and Sunrise Senior Living Management Inc
Case Number: 2:2020cv06300
Filed: July 15, 2020
Court: US District Court for the Central District of California
Presiding Judge: Paul L Abrams
Referring Judge: Percy Anderson
2 Judge: Steve Kim
3 Judge: John A Kronstadt
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
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This docket was last retrieved on July 12, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 24, 2020 Opinion or Order Filing 59 (IN CHAMBERS) ORDER RE ORDER SETTING RULE 16(b)l26(f) SCHEDULING CONFERENCE (VAN CLEAVE, DKT. 58) AND CONSOLIDATING ACTIONS FOR SETTLEMENT PURPOSES (VAN CLEAVE, DKT. #49 ) by Judge John A. Kronstadt: The Order Setting Rule 16(b)/26(f) Scheduling Conference in Christian Van Cleave v. Sunrise Senior Living Management, Inc. et al., Case No. LA CV 20-06300 JAK (PLAx) (C.D. Cal.) ("Van Cleave") is VACATED in light of the Joint Stipulation and Motion to Transfer Action (Dkt. 49) originally filed in the USDC for the Southern District of California. The Stipulation states that the parties intend to file another stipulation seeking leave for Plaintiff to amend the Van Cleave Complaint to add the PAGA claims asserted in Van Cleave v. Sunrise Senior Living Management, Inc., Case No. 37- 2019-00023231-CU-OE-CTL (San Diego Sup. Ct.) and to consolidate this action with Schlieser v. Sunrise Senior Living Management, Inc., Case No. SA CV 19-443-JAK (PLAx) (C.D. Cal.) ("Schlieser"). On or before 8/31/2020, the parties shall file a joint statement as to whether a stipulation for the amendment of the Van Cleave Complaint has been presented, and if not, when it will be, and whether it will be presented in the proceedings in this District or those that have been stayed in the Southern District. With respect to the request that Van Cleave be consolidated with Schlieser for settlement purposes, it is GRANTED. The two actions are consolidated. Hereafter, all filings in either action shall be filed solely on the docket in Schlieser. (jp)
July 24, 2020 Opinion or Order Filing 58 ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Counsel shall file a Joint Report consistent with this Order. A hearing is not necessary and, therefore, the matter is taken under submission. Upon review of the Joint Report, a scheduling order will be issued. Rule 26 Meeting Report due by 9/18/2020. (cw)
July 22, 2020 Opinion or Order Filing 57 STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT upon filing of the complaint by Judge John A. Kronstadt. Please read each Order carefully as they differ in some respects from the Local Rules. Counsel are advised that the Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of counsel to refer to this Court's Procedures and Schedules found on the website for the United States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the operative order. The Court thanks the parties and their counsel for their anticipated cooperation in carrying out these requirements. (pbl)
July 20, 2020 Opinion or Order Filing 56 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 8:10-cv-00897 JAK(MLGx). Case transferred from Judge Percy Anderson and Magistrate Judge Steve Kim to Judge John A. Kronstadt and Magistrate Judge Paul L. Abrams for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-06300 JAK(PLAx). Signed by Judge John A. Kronstadt (rn)
July 16, 2020 Opinion or Order Filing 55 STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge Percy Anderson. [See Order for further details.] (et)
July 16, 2020 Filing 52 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 3:19-cv-00044-L-AHG, from U.S. District Court Southern District of California (San Diego). The above-referenced case has been transferred to this district and assigned the above civil case number 2:20-cv-06300 PA (SKx). (lh)
July 16, 2020 Filing 51 ORIGINAL file, certified copy of transfer order and docket sheet received from California Southern
July 15, 2020 Filing 54 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
July 15, 2020 Filing 53 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Steve Kim. (lh)
July 15, 2020 Filing 50 Case transferred to District of Central District of California, Western Division. Files transferred electronically to: *District of Central District of California, Western Division*.*255 East Temple Street, Room 180**Los Angeles, CA 90012-3332*. Signed by Judge M. James Lorenz on 7/15/2020. (Attachments: #1 transfer order) (jpp) [Transferred from California Southern on 7/16/2020.]
July 14, 2020 Filing 49 Joint MOTION to transfer to U.S.D.C. - Central District of California for Settlement Approval Purposes by Sunrise Senior Living Management, Inc.. (Maryott, Michele) (jpp). [Transferred from California Southern on 7/16/2020.]
June 12, 2020 Opinion or Order Filing 48 ORDER continuing Settlement Disposition Conference to 9/14/2020 at 3:00pm. Signed by Magistrate Judge Allison H. Goddard on 6/12/2020.(jpp) (dlg). [Transferred from California Southern on 7/16/2020.]
June 8, 2020 Filing 47 STATUS REPORT Notice Of Settlement And Joint Status Report by Sunrise Senior Living Management, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Maryott, Michele) [Transferred from California Southern on 7/16/2020.]
June 2, 2020 Opinion or Order Filing 46 ORDER setting Telephonic Settlement Disposition Conference for 6/15/2020 at 4:00pm. Signed by Magistrate Judge Allison H. Goddard on 6/02/2020.(jpp) (dlg). [Transferred from California Southern on 7/16/2020.]
March 19, 2020 Filing 45 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Telephonic Status Conference held on 3/19/2020. Counsel notified the Court that the parties have settled the case through private mediation and continue to finalize terms. (Plaintiff Attorneys Trenton Kashima and Jean-Claude Lapuyade). (Defendant Attorney Ashley Allyn). (no document attached) (kxm) [Transferred from California Southern on 7/16/2020.]
March 2, 2020 Filing 44 STATUS REPORT Joint Report Regarding Status of Mediation by Sunrise Senior Living Management, Inc.. (Maryott, Michele) (jpp). [Transferred from California Southern on 7/16/2020.]
January 21, 2020 Opinion or Order Filing 43 ORDER Setting Telephonic Status Conference. Pursuant to the parties' request, the Court sets a Telephonic Status Conference for 3/19/2020 at 1:00 PM before Magistrate Judge Allison H. Goddard to discuss the outcome of private mediation and the remaining barriers to settlement, if any. Signed by Magistrate Judge Allison H. Goddard on 1/21/2020.(lrf) [Transferred from California Southern on 7/16/2020.]
January 21, 2020 Opinion or Order Filing 42 ORDER Granting Joint Stipulation and Joint Motion to Continue Scheduled Deadlines [Doc. #41 ]. Signed by Judge M. James Lorenz on 1/21/2020. (lrf) [Transferred from California Southern on 7/16/2020.]
January 17, 2020 Filing 41 Joint MOTION to Stay Case Pending Mediation by Sunrise Senior Living Management, Inc.. (Maryott, Michele) (jpp). [Transferred from California Southern on 7/16/2020.]
January 6, 2020 Filing 40 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Follow-up settlement calls held on 1/6/2020. The case did not settle but further follow-up discussions are pending. (Plaintiff Attorneys Trenton R. Kashima, Jean-Claude Lapuyade, and Shani Or Zakay). (Defendant Attorney Ashley Allyn). (no document attached) (kxm) [Transferred from California Southern on 7/16/2020.]
December 9, 2019 Opinion or Order Filing 39 SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings: Mandatory Settlement Conference set for 2/22/2021 at 02:00 PM before Magistrate Judge Allison H. Goddard. Proposed Pretrial Order due by 3/29/2021. Final Pretrial Conference set for 4/5/2021 at 11:45 AM in Courtroom 5B before Judge M. James Lorenz. Signed by Magistrate Judge Allison H. Goddard on 12/9/2019.(lrf) [Transferred from California Southern on 7/16/2020.]
December 9, 2019 Opinion or Order Filing 38 ORDER Setting Confidential Follow-Up Settlement Calls with Counsel. The Court sets a confidential call with Plaintiff's counsel on 1/6/2020 at 9:30 AM and a confidential call with Defendants' counsel the same day at 10:00 AM. Signed by Magistrate Judge Allison H. Goddard on 12/9/2019.(lrf) [Transferred from California Southern on 7/16/2020.]
December 9, 2019 Filing 37 Minute Entry for proceedings held before Magistrate Judge Allison H. Goddard: Early Neutral Evaluation Conference and Case Management Conference held on 12/9/2019. The case did not settle. Scheduling Order to issue. Judge Goddard will also set follow-up confidential settlement calls with counsel. (Plaintiff Attorneys Trenton Kashima, Jean-Claude Lapuyade, and Shani Zakay). (Defendant Attorney Ashley Allyn). (no document attached) (kxm) [Transferred from California Southern on 7/16/2020.]
November 29, 2019 Filing 36 JOINT DISCOVERY PLAN by Christian Van Cleave (Kashima, Trenton)Attorney Trenton R. Kashima added to party Christian Van Cleave(pty:pla) (jpp). [Transferred from California Southern on 7/16/2020.]
November 22, 2019 Opinion or Order Filing 35 ORDER: (1) Denying Motion to Continue Early Neutral Evaluation Conference and Case Management Conference; and (2) Requiring Joint Statement on Prior Settlement Efforts [ECF No. #34 ]. Upon review of the Joint Motion, the Court finds the parties have not shown good cause to continue the ENE and CMC and believes that settlement negotiations may be productive notwithstanding the pending Motion to Transfer Venue. Therefore, the Motion (ECF No. #34 ) is denied. The Court orders the parties to provide the Court with a Joint Statement detailing their prior settlement efforts, except to the extent prohibited by applicable rules of privilege. The Joint Statement must be lodgedwith the Court via email (not filed) no later than 12/4/2019. Signed by Magistrate Judge Allison H. Goddard on 11/22/2019. (lrf) Modified on 11/25/2019 (lrf). [Transferred from California Southern on 7/16/2020.]
November 21, 2019 Filing 34 Joint MOTION to Continue Scheduled Deadlines by Sunrise Senior Living Management, Inc.. (Allyn, Ashley)Attorney Ashley Louise Allyn added to party Sunrise Senior Living Management, Inc.(pty:dft) (jpp). [Transferred from California Southern on 7/16/2020.]
November 8, 2019 Filing 33 REPLY to Response to Motion re #30 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) filed by Sunrise Senior Living Management, Inc.. (Attachments: #1 Declaration of Ashley Allyn, #2 Exhibit A to Allyn Declaration, #3 Proof of Service)(Maryott, Michele) (jpp). [Transferred from California Southern on 7/16/2020.]
October 28, 2019 Filing 32 RESPONSE to Motion re #30 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) filed by Christian Van Cleave. (Lapuyade, Jean-Claude) (sjt). [Transferred from California Southern on 7/16/2020.]
October 16, 2019 Opinion or Order Filing 31 NOTICE AND ORDER for Early Neutral Evaluation Conference and Case Management Conference. An Early Neutral Evaluation will be held on 12/9/2019 at 09:30 AM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 10/16/2019.(lrf) [Transferred from California Southern on 7/16/2020.]
October 15, 2019 Filing 30 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) by Sunrise Senior Living Management, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Marc Roder, #3 Proof of Service)(Maryott, Michele)(sjt). [Transferred from California Southern on 7/16/2020.]
October 11, 2019 Filing 29 ANSWER to #12 Amended Complaint Defendant Sunrise Senior Living Management, Inc.s Answer To Plaintiffs First Amended Collective Action / Class Action Complaint by Sunrise Senior Living Management, Inc..(Maryott, Michele) (sjt). [Transferred from California Southern on 7/16/2020.]
September 10, 2019 Opinion or Order Filing 28 ORDER Granting Joint Stipulation and Motion for Order Extending Stay [Doc. #27 ]. The Court hereby orders: 1. This action will remain stayed until 10/9/2019, in order to facilitate settlement discussions between the Parties. 2. The Parties shall file a notice of settlement on or before 10/9/2019 if a settlement in principle has been reached. 3. If a settlement is not reached on or before 10/9/2019, the stay shall be lifted without further order. Signed by Judge M. James Lorenz on 9/10/2019. (lrf) [Transferred from California Southern on 7/16/2020.]
September 9, 2019 Filing 27 Joint MOTION for Order Extending Stay by Sunrise Senior Living Management, Inc.. (Maryott, Michele) (jrm). [Transferred from California Southern on 7/16/2020.]
August 26, 2019 Filing 26 STATUS REPORT Regarding Mediation by Sunrise Senior Living Management, Inc.. (Maryott, Michele) (sjt). [Transferred from California Southern on 7/16/2020.]
August 8, 2019 Opinion or Order Filing 25 ORDER OF TRANSFER. This case is transferred from the calendar of the Honorable Nita L. Stormes, to the calendar of the Honorable Allison H. Goddard for all further proceedings. All pending dates including discovery deadlines, hearings, and conferences before Magistrate Judge Stormes, if any, remain unchanged until further order and are now set before Magistrate Judge Allison H. Goddard. Any dates set before any district judge remain unchanged. The new case number is 19cv044-L-AHG. Signed by Magistrate Judge Nita L. Stormes on 8/8/2019.(sjt) [Transferred from California Southern on 7/16/2020.]
August 5, 2019 Filing 24 STATUS REPORT Regarding Status of Mediation by Sunrise Senior Living Management, Inc.. (Attachments: #1 Exhibit A)(Maryott, Michele) (sjt). [Transferred from California Southern on 7/16/2020.]
July 5, 2019 Filing 23 STATUS REPORT Regarding Status of Mediation by Sunrise Senior Living Management, Inc.. (Maryott, Michele) (sjt). [Transferred from California Southern on 7/16/2020.]
June 7, 2019 Filing 22 STATUS REPORT Regarding Status of Mediation by Sunrise Senior Living Management, Inc.. (Attachments: #1 Exhibit A)(Maryott, Michele) (sjt). [Transferred from California Southern on 7/16/2020.]
May 10, 2019 Filing 21 STATUS REPORT REGARDING STATUS OF MEDIATION (JOINT) by Christian Van Cleave. (Attachments: #1 Exhibit ORDER RE SETTLEMENT CONFERENCE)(Zakay, Shani) (tcf). [Transferred from California Southern on 7/16/2020.]
May 9, 2019 Filing 20 STATUS REPORT REGARDING STATUS OF MEDIATION (JOINT) by Christian Van Cleave. (Attachments: #1 Exhibit ORDER RE SETTLEMENT CONFERENCE)(Zakay, Shani) QC mailer sent re: one attorney who signed this document is not associated with any party in this case (tcf). [Transferred from California Southern on 7/16/2020.]
April 9, 2019 Opinion or Order Filing 19 ORDER Granting Stipulation and Joint Motion for Order to Stay Case Pending Mediation [DOC. #18 ]. The matter is stayed pending mediation of the dispute. The parties shall file a Joint Statement within thirty (30) days regarding the status of scheduling of mediation. The parties shall file a Joint Status Report every thirty (30) days thereafter regarding the status of mediation, early settlement efforts, and developments in the related case (19cv0443-JAK). The Parties shall file a Joint Status Report within 14 days of the completionof mediation. If this matter is not fully resolved via mediation, the Parties shall file a Joint Motion to Lift Stay within twenty-eight (28) days of the completion of mediation. Signed by Judge M. James Lorenz on 4/9/2019. (lrf) [Transferred from California Southern on 7/16/2020.]
April 8, 2019 Filing 18 Joint MOTION to Stay Case Pending Mediation by Sunrise Senior Living Management, Inc.. (Attachments: #1 Proof of Service)(Maryott, Michele) (sjt). [Transferred from California Southern on 7/16/2020.]
April 8, 2019 Filing 17 NOTICE OF RELATED CASE(S) by Sunrise Senior Living Management, Inc. of case(s) 8:19-cv-00443-JAK-PLA, 8:10-cv-897-JAK-MLG, 2:13-cv-02171-JAK-PLA, 2:13-cv-06294-GW-MAN . (Maryott, Michele) (NO Low-number Order created, cases in other Districts) (sjt). [Transferred from California Southern on 7/16/2020.]
March 19, 2019 Opinion or Order Filing 16 ORDER Granting Joint Stipulation and Motion for Order Extending Defendant's Time to Respond to Plaintiff's First Amended Complaint [ECF No. #15 ]. Defendant may file a response to Plaintiff's First Amended Complaint on or before 4/22/2019. Signed by Judge M. James Lorenz on 3/19/2019. (lrf) [Transferred from California Southern on 7/16/2020.]
March 18, 2019 Filing 15 Joint MOTION for Extension of Time to File Response to Plaintiff's First Amended Complaint by Sunrise Senior Living Management, Inc. (Attachments: #1 Proof of Service)(Maryott, Michele) (sjt). Modified event type on 3/19/2019 (lrf). [Transferred from California Southern on 7/16/2020.]
February 26, 2019 Opinion or Order Filing 14 ORDER Granting Joint Stipulation and Motion for Order Extending Defendant's Time to Respond to Plaintiff's First Amended Complaint. Defendant may file a response to Plaintiff's First Amended Complaint on or before 3/22/2019. Signed by Judge M. James Lorenz on 2/26/2019. (lrf) [Transferred from California Southern on 7/16/2020.]
February 25, 2019 Filing 13 Joint MOTION for Extension of Time to File Response to Plaintiff's First Amended Complaint by Sunrise Senior Living Management, Inc.. (Attachments: #1 Proof of Service)(Maryott, Michele) Modified event type on 2/26/2019 (lrf). (sjt). [Transferred from California Southern on 7/16/2020.]
February 15, 2019 Filing 12 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Christian Van Cleave. (Attachments: #1 Exhibit Exhibit A to First Amended Complaint) (Zakay, Shani)(sjt). [Transferred from California Southern on 7/16/2020.]
February 15, 2019 Filing 11 NOTICE OF WITHDRAWAL OF DOCUMENT by Christian Van Cleave . (Lapuyade, Jean-Claude) (sjt). [Transferred from California Southern on 7/16/2020.]
February 14, 2019 Filing 10 **DOCUMENT WITHDRAWN PER NOTICE #11 ** AMENDED COMPLAINT with Jury Demand First Amended Complaint against All Defendants, filed by Christian Van Cleave. (Attachments: #1 Exhibit Exhibit A) (Lapuyade, Jean-Claude)(QC mailer sent re: improper signature, atty instructed to withdraw and refile)(sjt). Modified to withdraw on 2/19/2019 (sjt). [Transferred from California Southern on 7/16/2020.]
January 30, 2019 Opinion or Order Filing 9 ORDER Granting Joint Motion to Amend Complaint and Withdraw Without Prejudice Defendant's Motions [ECF No. #8 ]. 1. Plaintiff shall file an Amended Complaint, in accordance with Civil Local Rule 15.1, on or before 2/18/2019; and 2. Defendant's pending Motion to Dismiss and Strike Class Allegations[ECF No. #6 ] is withdrawn without prejudice. Signed by Judge M. James Lorenz on 1/30/2019. (lrf) [Transferred from California Southern on 7/16/2020.]
January 29, 2019 Filing 8 Joint MOTION to Amend/Correct the Complaint by Christian Van Cleave. (Attachments: #1 Proof of Service Proof of Service)(Lapuyade, Jean-Claude) (sjt). [Transferred from California Southern on 7/16/2020.]
January 16, 2019 Filing 7 NOTICE of Appearance by Jean-Claude Lapuyade on behalf of Christian Van Cleave (Lapuyade, Jean-Claude)Attorney Jean-Claude Lapuyade added to party Christian Van Cleave(pty:pla) (sjt). [Transferred from California Southern on 7/16/2020.]
January 15, 2019 Filing 6 MOTION to Dismiss for Failure to State a Claim and Motion to Strike Class Allegations by Sunrise Senior Living Management, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Jean Blood, #3 Exhibit A to Declaration of Jean Blood, #4 Proof of Service)(Maryott, Michele) (sjt). [Transferred from California Southern on 7/16/2020.]
January 11, 2019 Filing 5 NOTICE of Filing of Notice of Removal of Class Action With the Superior Court by Sunrise Senior Living Management, Inc. re #1 Notice of Removal,, (Attachments: #1 Exhibit A (Part 1), #2 Exhibit A (Part 2))(Maryott, Michele) (sjt). [Transferred from California Southern on 7/16/2020.]
January 10, 2019 Filing 4 MINUTE ORDER OF RECUSAL. Judge Roger T. Benitez is no longer assigned. Case reassigned to Judge M. James Lorenz for all further proceedings. The new case number is 19cr44-L-NLS.(no document attached) (sjm) [Transferred from California Southern on 7/16/2020.]
January 8, 2019 Filing 3 NOTICE of Party With Financial Interest by Sunrise Senior Living Management, Inc. . Identifying Corporate Parent Sunrise Senior Living, LLC, Corporate Parent Red Fox Holding Corporation, Other Affiliate Red Fox Acquisition Company, Inc., Other Affiliate Revera Health Services Inc., Other Affiliate Revera Inc., Other Affiliate Public Sector Pension Investment Board, Other Affiliate HCRI Red Fox Manco, LLC, Other Affiliate Welltower Inc. (NYSE: HCN) for Sunrise Senior Living Management, Inc. (Maryott, Michele) (anh). (jao). [Transferred from California Southern on 7/16/2020.]
January 8, 2019 Filing 2 Corporate Disclosure Statement by Sunrise Senior Living Management, Inc. identifying Corporate Parent Sunrise Senior Living, LLC, Corporate Parent Red Fox Holding Corporation for Sunrise Senior Living Management, Inc. (Maryott, Michele) (anh). (jao). [Transferred from California Southern on 7/16/2020.]
January 8, 2019 Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of CA, San Diego, case number 37-2018-00061960-CU-OE-CTL. ( Filing fee $ 400 receipt number 0974-12067401.), filed by Sunrise Senior Living Management, Inc.. (Attachments: #1 Declaration Ashley Allyn, #2 Table of Contents - Exhibits, #3 Exhibit A, #4 Exhibit B - including State Court Complaint, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Declaration Marc Roder, #12 Proof of Service, #13 Civil Cover Sheet)The new case number is 3:19-cv-00044-BEN-NLS. Judge Roger T. Benitez and Magistrate Judge Nita L. Stormes are assigned to the case.(mme) (jao). [Transferred from California Southern on 7/16/2020.]

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Plaintiff: Christian Van Cleave
Represented By: Trenton R Kashima
Represented By: Shani O Zakay
Represented By: Jean-Claude Lapuyade
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Defendant: Does 1-50
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Defendant: Sunrise Senior Living Management Inc
Represented By: Michele L Maryott
Represented By: Ashley L Allyn
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