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 |
| 2:2021cv00187 |
| January 8, 2021 |
| US District Court for the Central District of California |
| Dale S Fischer |
| Steve Kim |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on March 25, 2021. A more recent docket listing may be available from PACER.
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| Filing 34 REPLY filed by Plaintiffs Elizabeth Gagliano, Emma Martin, Kathryn Sessinghaus to Request for Judicial Notice,,,,,, #30 Request for Judicial Notice Filed Concurrently with and in Support of Plaintiffs' Reply to Defendant's Opposition to Plaintiffs' Motion to Remand (Attachments: #1 Exhibit 12 - McCALEBB v. AG LYNWOOD ORDER GRANTING PLTFS MTN TO REMAND, #2 Exhibit 13 - HATCHER V. HCR PRAIRIE VILLAGE KS OPCP ORDER GRANTING PLTFS MTN TO REMAND)(Murphy, Anne) |
| Filing 33 REPLY filed by Plaintiffs Elizabeth Gagliano, Emma Martin, Kathryn Sessinghaus to Objection/Opposition (Motion related),, #29 Plantiffs' Reply to Defendant's Opposition to Plaintiffs' Motion to Remand (Murphy, Anne) |
| Filing 32 NOTICE OF ERRATA filed by Plaintiffs Elizabeth Gagliano, Emma Martin, Kathryn Sessinghaus. correcting Request for Judicial Notice,,,, #24 , NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #23 Plaintiffs' Notice of Errata re Motion to Remand and Plaintiffs' Request for Judicial Notice (Attachments: #1 Exhibit 5 - Fourth Amendment to the Declaration Under Public Readiness and Emergency Preparedness Act)(Murphy, Anne) |
| Filing 31 JOINDER in NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #23 JOINDER filed by Defendant Marcel Adrian Solero Filart. (Attachments: #1 PROOF OF SERVICE)(Attorney Rita Rebecca Kanno added to party Marcel Adrian Solero Filart(pty:dft))(Kanno, Rita) |
| Filing 30 REQUEST FOR JUDICIAL NOTICE in Support of Opposition to Motion to Remand filed by Defendants Benjamin Landa, Serrano Post Acute, LLC. (Attachments: #1 Exhibit A-Notice of Removal, #2 Exhibit B-First Amended Complaint, #3 Exhibit C-PREP Act Declaration, #4 Exhibit D-Amended Dec Invoking PREP Act, #5 Exhibit E-Second Amended Dec Invoking PREP Act, #6 Exhibit F-4h Amended HHS Declaration, #7 Exhibit G-Advisory Opinion by HHS General Counsel, #8 Exhibit H-List of Covered Countermeasures, #9 Exhibit I-HHS Advisory Opinion Oct 22, 2020, #10 Exhibit J-HHS Letter PREP Act 8-14-2020, #11 Exhibit K-Death Certificate, #12 Exhibit L-CDC Jan 8, 2020, #13 Exhibit M-CDC Jan 17, 2020, #14 Exhibit N-CDC Jan 24, 2020, #15 Exhibit O-CDC Feb 1, 2020 Updated Guidance, #16 Exhibit P-CDPH AFLs Jan & Feb 2020, #17 Exhibit Q-CMS Feb 6 2020 Memo, #18 Exhibit R-CDC Feb 28, 2020 updated interim guidance, #19 Exhibit S-March 2020 CDC Strategies, #20 Exhibit T-CDPH AFL March 3, 2020, #21 Exhibit U-CMS March 4, 2020 Memo, #22 Exhibit V-CDC March 8, 2020 Updated Guidance, #23 Exhibit W-CDC March 10, 2020, #24 Exhibit X-CMS March 10, 2020 Memo, #25 Exhibit Y-CDPH AFL 20-22 March 11, 2020, #26 Exhibit Z-CMS March 13, 2020 Memo, #27 Exhibit AA-March 17, 2020 CDC Memos, #28 Exhibit BB-CMS March 20, 2020 QSP 20-20, #29 Exhibit CC-March 21, 2020 CDC Prep for Covid 19, #30 Exhibit DD-April 2, 2020 CMS Covid 19 LTCF Guidance, #31 Exhibit EE-HHS Jan 8, 2021, #32 Exhibit FF-Fed Reg Fifth Amended PREP Dec, #33 Exhibit GG-Statement of Interest, #34 Exhibit HH-3.30 CMS Survey, #35 Exhibit LL-Designation of Scarce Material)(Cruz, Kim) |
| Filing 29 Opposition Opposition re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #23 filed by Defendants Benjamin Landa, Serrano Post Acute, LLC. (Attachments: #1 Declaration of Nerisa Vijeo ISO Opposition to Remand, #2 Declaration of Debbie Layaoen ISO Opposition to Remand, #3 Exhibit II to Declaration of Debbie Layoen, #4 Exhibit JJ to Declaration of Debbie Layoen, #5 Declaration of Simcha Stern ISO Opposition to Motion to Remand, #6 Exhibit KK to Declaration of Simcha Stern, #7 Declaration of Kim S. Cruz, Esq. ISO Opposition to Motion to Remand, #8 Exhibit MM to Declaration of Kim S. Cruz, Esq.)(Cruz, Kim) |
| Filing 28 Certification and NOTICE of Interested Parties filed by Plaintiffs Elizabeth Gagliano, Emma Martin, Kathryn Sessinghaus, (Murphy, Anne) |
| Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #23 . The following error(s) was/were found: (1) No Notice of Interested Parties and/or no copies. (2) Counsel must comply with Local Rule 7.1-1. 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. (jp) |
Filing 26
ORDER by Judge Dale S. Fischer GRANTING Plaintiffs' Joint Stipulation to Move Hearing Date #25 of Plaintiffs' Notice of Motion and Motion to Remand #23 , the hearing currently set for 3/8/2021 is vacated and the hearing is re-set for Monday, 3/22/2021. See Order for specifics. (jp)
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| Filing 25 STIPULATION to Reschedule Plaintiffs' Notice of Motion and Motion to Remand filed by Plaintiffs Elizabeth Gagliano, Emma Martin, Kathryn Sessinghaus. (Attachments: #1 Proposed Order Granting Plaintiffs' Joint Stipulation to Move Hearing Date of Plaintiffs' Notice of Motion and Motion to Remand)(Murphy, Anne) |
| Filing 24 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #23 Request for Judicial Notice Filed Concurrently with and in Support of Plaintiffs' Motion to Remand filed by Plaintiffs Elizabeth Gagliano, Emma Martin, Kathryn Sessinghaus. (Attachments: #1 Exhibit 1 - Pltfs FAC, #2 Exhibit 2 - Defts Notice of Removal, #3 Exhibit 3 - Order Granting Mtn to Remand, #4 Exhibit 4 - Order Denying Mtn for Stay Pending Appeal, #5 Exhibit 5 - Fourth Advisory Opinion 20-04, #6 Exhibit 6 - Order Granting Pltfs Mtn to Remand in the matter Fernande Lyons et al. v. Cucumber Holdings, #7 Exhibit 7 - Pltfs Ntc of Mtn and Mtn to Remand in the matter Fernande Lyons et al. v. Cucumber Holding, #8 Exhibit 8 - Defts Oppo to Pltfs Mtn to Remand in the matter Fernande Lyons et al. v. Cucumber Holding, #9 Exhibit 9 - Defts RJN iso and in Oppos to Pltfs Mtn to Remand in the matter Fernande Lyons et al. v. Cucumber Holdings, #10 Exhibit 10 - Order Denying Pltfs Mtn to Remand in the matter Gilbert Garcia et al v. Welltower Op Co Group LLC, #11 Exhibit 11 - Order Granting Plaintiffs Motion to Remand in the matter Marc Dupervil v. Alliance Health)(Murphy, Anne) |
| Filing 23 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 3/8/2021 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Declaration of Anne Marie Murphy in Support of Motion to Remand, #2 Exhibit 1 - COVID-19 Long-Term Care Facility Guidance, #3 Exhibit 2 -PREP Act Questions and Answers (Q&As), #4 Exhibit 3 - FDA Combating COVID-19 with Therapeutics, #5 Exhibit 4 - FDA Combating COVID-19 with Medical Devices, #6 Exhibit 5 - Advisory Opinion on the Public Readiness and Emergency Preparedness Act, #7 Exhibit 6 - Advisory Opinion 21-04, #8 Exhibit 7 - Advisory Opinion 21-01, #9 Proposed Order Granting Plaintiffs' Motion to Remand) (Murphy, Anne) |
| Filing 22 Notice of Appearance or Withdrawal of Counsel: for attorney Evan J. Topol counsel for Defendant Serrano Post Acute, LLC. Adding Evan J. Topol as counsel of record for Defendants SERRANO POST ACUTE, LLC dba HOLLYWOOD PREMIER HEALTHCARE CENTER and BENJAMIN LANDA for the reason indicated in the G-123 Notice. Filed by Defendants SERRANO POST ACUTE, LLC dba HOLLYWOOD PREMIER HEALTHCARE CENTER and BENJAMIN LANDA. (Attorney Evan J. Topol added to party Serrano Post Acute, LLC(pty:dft))(Topol, Evan) |
| Filing 21 Notice of Appearance or Withdrawal of Counsel: for attorney Kevin Lee Eng counsel for Defendant Marcel Adrian Solero Filart. Christopher G. Washington is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant Marcel Adrian Solero Filart. (Eng, Kevin) |
| Filing 20 NOTICE filed by defendants Benjamin Landa, Serrano Post Acute, LLC. of Errata to Defendants Request for Judicial Notice filed IN Support of Notice of Removal on January 8, 2021 (Attachments: #1 Exhibit G-Fourth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against Covid-19)(Cruz, Kim) |
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Filing 19
ORDER by Judge Dale S. Fischer re Stipulation to Extend Time for Defendants to Respond to Plaintiffs' First Amended Complaint #16 . See Order for specifics. (jp)
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Filing 18
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 17
ORDER TO REASSIGN CASE Pursuant General Order 19-03 (identical case) by Judge Josephine L. Staton, Case Management and Assignment Committee Chair. Case transferred to the calendar of Judge Dale S. Fischer for all further proceedings. All discovery matters are transferred to Magistrate Judge Steve Kim. Case number now reads as 2:21-cv-00187 DSF(SKx). (rn)
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| Filing 16 STIPULATION for Extension of Time to File Answer to April 1, 2021 re Complaint - (Discovery), filed by Defendants Benjamin Landa, Serrano Post Acute, LLC. (Attachments: #1 Proposed Order)(Cruz, Kim) |
| Filing 15 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 14 NOTICE of Related Case(s) filed by Defendant Benjamin Landa, Serrano Post Acute, LLC. Related Case(s): 2:20-cv-05937 DSF, 2:20-cv-11773 MCS (Cruz, Kim) |
| Filing 13 NOTICE of Related Case(s) filed by Plaintiff Elizabeth Gagliano, Emma Martin, Kathryn Sessinghaus. Related Case(s): 2:20-cv-05937-DSF-SF (Murphy, Anne) |
| Filing 12 AMENDED CIVIL COVER SHEET filed by Defendants Benjamin Landa, Serrano Post Acute, LLC. Amendment to Civil Cover Sheet (CV-71) #2 (Cruz, Kim) |
| Filing 11 Notice of Appearance or Withdrawal of Counsel: for attorney Kali Vitoria Fournier counsel for Plaintiffs Elizabeth Gagliano, Emma Martin, Kathryn Sessinghaus. Adding Kali V. Fournier as counsel of record for Plaintiffs Emma Martin, Elizabeth Gagliano and Kathryn Sessinghaus for the reason indicated in the G-123 Notice. Filed by Plaintiffs Emma Martin, Elizabeth Gagliano and Kathryn Sessingahaus. (Attorney Kali Vitoria Fournier added to party Elizabeth Gagliano(pty:pla), Attorney Kali Vitoria Fournier added to party Emma Martin(pty:pla), Attorney Kali Vitoria Fournier added to party Kathryn Sessinghaus(pty:pla))(Fournier, Kali) |
| Filing 10 Notice of Appearance or Withdrawal of Counsel: for attorney Carlos Urzua counsel for Plaintiffs Elizabeth Gagliano, Emma Martin, Kathryn Sessinghaus. Adding Carlos Urzua as counsel of record for Plaintiffs Emma Martin, Elizabeth Gagliano and Kathryn Sessinghaus for the reason indicated in the G-123 Notice. Filed by Plaintiffs Emma Martin, Elizabeth Gagliano and Kathryn Sessingahaus. (Attorney Carlos Urzua added to party Elizabeth Gagliano(pty:pla), Attorney Carlos Urzua added to party Emma Martin(pty:pla), Attorney Carlos Urzua added to party Kathryn Sessinghaus(pty:pla))(Urzua, Carlos) |
| Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 8 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Alicia G. Rosenberg. (esa) |
| COPY OF PROOF OF SERVICE executed by Plaintiffs Emma Martin, Kathryn Sessinghaus, Elizabeth Gagliano, upon Defendant Serrano Post Acute, LLC served on 5/27/2020. Service of the Summons and Complaint were executed upon Juhn Cayabah, 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 4, attachment 2, p. 84) (esa) |
| CONFORMED COPY OF COMPLAINT against defendants Does, Benjamin Landa, Serrano Post Acute, LLC, Marcel Adrian Solero Filart, Jury Demanded, filed by plaintiffs Emma Martin, Kathryn Sessinghaus, Elizabeth Gagliano. (filed in state court 5/21/20, submitted as document 4, attachment 1) (esa) |
| COPY OF PROOF OF SERVICE executed by Plaintiffs Emma Martin, Kathryn Sessinghaus, Elizabeth Gagliano, upon Defendant Marcel Adrian Solero Filart served on 5/29/2020. Service of the Summons and Complaint were executed upon Alex Peczon, Support Staff, 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 4, attachment 2, p. 87) (esa) |
| COPY OF PROOF OF SERVICE executed by Plaintiffs Emma Martin, Kathryn Sessinghaus, 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 4, attachment 2, p. 90) (esa) |
| COPY OF FIRST AMENDED COMPLAINT against defendants Does, Benjamin Landa, Serrano Post Acute, LLC, Marcel Adrian Solero Filart, Jury Demanded,, filed by plaintiffs Emma Martin, Kathryn Sessinghaus, Elizabeth Gagliano (non-conformed submitted as document 4, attachment 3)(esa) |
| Filing 7 CERTIFICATE of Interested Parties filed by defendants Benjamin Landa, Serrano Post Acute, LLC dba Hollywood Healthcare Center, (Cruz, Kim) |
| Filing 6 JOINDER filed by Defendant Marcel Adrian Solero Filart joining in Request for Judicial Notice,,,,,, #4 , Declaration, #5 , Declaration #3 , Notice of Removal (Attorney Civil Case Opening), #1 . (Eng, Kevin) |
| Filing 5 DECLARATION of Debbie Layaoen re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendants Benjamin Landa, Serrano Post Acute, LLC dba Hollywood Healthcare Center. (Attachments: #1 Exhibit II-March 30, 2020, #2 Exhibit JJ-April 2, 2020)(Cruz, Kim) |
| Filing 4 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF NOTICE OF REMOVAL filed by Defendants Benjamin Landa, Serrano Post Acute, LLC dba Hollywood Healthcare Center. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-Notice of Removal, #3 Exhibit C-First Amended Complaint, #4 Exhibit D-Order to Remand, #5 Exhibit E-Order Staying Remand Order, #6 Exhibit F-Notice of Appeal, #7 Exhibit G-4th Amended HHS Declaration, #8 Exhibit H-PREP Act Declaration, #9 Exhibit I-Amended Declaration Invoking PREP Act, #10 Exhibit J-Second Amended Dec Invoking PREP Act, #11 Exhibit K-HHS Letter PREP Act 8-14-2020, #12 Exhibit L-HHS Advisory Opinion 10-22-20, #13 Exhibit M-PREP Act Advisory Op by HHS, #14 Exhibit N-PREP Act Covered devices and tests, #15 Exhibit O-CDC January 8, 2020, #16 Exhibit P-CDC January 17, 2020, #17 Exhibit Q-CDC January 24, 2020, #18 Exhibit R-CDC February 1, 2020 Updated Guidance, #19 Exhibit S-CDPH AF:s January & February 2020, #20 Exhibit T-CMS February 6, 2020 Memo, #21 Exhibit U-CDC February 28, 2020 Updated Interim Guidance, #22 Exhibit V-March 1 or 3, 2020 CDC Strategies, #23 Exhibit W-CDPH AFL March 3, 2020, #24 Exhibit X-CMS March 4, 2020 Memo, #25 Exhibit Y-CDC March 8, 2020 Updated Guidance, #26 Exhibit Z-CDC March 10, 2020, #27 Exhibit AA-CMS March 10, 2020 Memo, #28 Exhibit BB-CDPH AFL 29022 March 11, 2020, #29 Exhibit CC-CMS March 13, 2020 Memo, #30 Exhibit DD-March 17, 2020 CDC Memos, #31 Exhibit EE-CMS March 20, 2020 QSO 20-20, #32 Exhibit FF-March 21, 2020 CDC Prep for Covid-19, #33 Exhibit GG-March 30, 2020 CMS Survey, #34 Exhibit HH-April 2, 2020 CMS Covid 19 LTCF)(Cruz, Kim) |
| Filing 3 DECLARATION of Nerisa Vijeo re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendants Benjamin Landa, Serrano Post Acute, LLC dba Hollywood Healthcare Center. (Cruz, Kim) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Benjamin Landa, Serrano Post Acute, LLC dba Hollywood Healthcare Center. (Cruz, Kim) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles, case number 20STCV19545 Receipt No: ACACDC-29946627 - Fee: $402, filed by defendants Serrano Post Acute, LLC dba Hollywood Healthcare Center, Benjamin Landa. (Attorney Kim Suzanne Cruz added to party Benjamin Landa(pty:dft), Attorney Kim Suzanne Cruz added to party Serrano Post Acute, LLC dba Hollywood Healthcare Center(pty:dft))(Cruz, Kim) |
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