Ebony Stone v. Long Beach Healthcare Center, LLC et al
Plaintiff: Ebony Stone
Defendant: Long Beach Healthcare Center, LLC and Does 1 to 10
Case Number: 2:2021cv00326
Filed: January 13, 2021
Court: US District Court for the Central District of California
Presiding Judge: Pedro V Castillo
Referring Judge: John F Walter
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 26, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 10, 2021 Opinion or Order Filing 29 ORDER ON JOINT STIPULATION TO EXTEND TIME FOR PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS #27 by Judge John F. Walter. Plaintiff's Response to the Defendant's Motion to Dismiss is hereby EXTENDED to March 9, 2021. (iv)
March 8, 2021 Filing 28 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case and motion to strike #20 , NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #12 Memorandum in Support of Motion to Remand filed by Plaintiff Ebony Stone. (Attachments: #1 Declaration, #2 Exhibit)(Smith, Dawn)
March 8, 2021 Filing 27 STIPULATION for Extension of Time to File Plaintiff's Response to Defendant's 12(b)(6) Motion to Dismiss filed by Plaintiff Ebony Stone. (Attachments: #1 Proposed Order)(Smith, Dawn)
February 24, 2021 Opinion or Order Filing 26 SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 2/11/2022 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 2/18/2022 at 8:00 AM. Jury Trial set for 3/1/2022 at 8:30 AM. (iv)
February 24, 2021 Opinion or Order Filing 25 ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on March 1, 2021 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: September 13, 2021. The Joint Report re: Results of Settlement Conference due on: September 17, 2021. (iv)
February 24, 2021 Filing 24 NOTICE OF SUPPLEMENTAL AUTHORITY ISO DEFENDANT'S OPPOSITION TO MOTION TO REMAND filed by DEFENDANT Long Beach Healthcare Center, LLC. (Attachments: #1 Exhibit A-Garcia v. Welltower OpCo Group, LLC)(Cruz, Kim)
February 22, 2021 Opinion or Order Filing 23 MINUTES (IN CHAMBERS) ORDER CONTINUING HEARING ON PLAINTIFF'S MOTION TO REMAND [filed 1/26/2021; Docket No. #12 ] by Judge John F. Walter. The Court CONTINUES the hearing on Plaintiff's Motion to Remand, currently calendered for March 1, 2021, to March 29, 2021 at 1:30 p.m. (iv)
February 22, 2021 Filing 22 NOTICE OF ERRATA filed by Defendant Long Beach Healthcare Center, LLC. correcting Objection/Opposition (Motion related), #14 , Request for Judicial Notice,,,,,, #15 (Attachments: #1 Declaration of Ryan G. Canavan, Esq.)(Cruz, Kim)
February 19, 2021 Filing 21 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case and motion to strike #20 filed by Defendant Long Beach Healthcare Center, LLC. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B - HHS Dec of PH Emergency, #3 Exhibit C-Newsom Dec 3.4.20, #4 Exhibit D-WHO Covid 19 March 11, 2020, #5 Exhibit E-Trump Dec of Emergency 3.13.20, #6 Exhibit F-3.15.20 Covid 19 Facilities, #7 Exhibit G-IC Surveys, #8 Exhibit H-Death Certificate, #9 Exhibit I-PREP Act Dec, #10 Exhibit J-Amended Dec PREP, #11 Exhibit K-2nd Amended PREP Dec, #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 and Feb 2020, #17 Exhibit Q-CMS Feb 6, 2020 memo, #18 Exhibit R-CDC Feb 28, 2020 updated, #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 Interim 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 QSO 20-20, #29 Exhibit CC-March 21, 2020 CDC Prep for Covid 19, #30 Exhibit DD-April 2, 2020 CMS Covid LTCF Guidance, #31 Exhibit EE-4.17.20 OCG AO, #32 Exhibit FF-Covered Countermeasures, #33 Exhibit GG-10.22.20 HHS AO, #34 Exhibit HH-OGC AO 1.8.2021, #35 Exhibit II-4th Amended HHS Dec, #36 Exhibit JJ-5th Amended HHS Dec, #37 Exhibit KK-8.14.20 HHS, #38 Exhibit NN-March 30 2020 AFL)(Cruz, Kim)
February 19, 2021 Filing 20 NOTICE OF MOTION AND MOTION to Dismiss Case and motion to strike filed by defenant Long Beach Healthcare Center, LLC. Motion set for hearing on 3/29/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration of Kim S. Cruz, Esq., #2 Declaration of Ryan G. Canavan, Esq., #3 Exhibit LL to Declaration of Ryan G. Canavan, Esq., #4 Exhibit MM to Declaration of Ryan G. Canavan, Esq.) (Cruz, Kim)
February 11, 2021 Opinion or Order Filing 19 ORDER #17 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv)
February 11, 2021 Filing 18 Notice of Appearance or Withdrawal of Counsel: for attorney Evan J. Topol counsel for Defendant Long Beach Healthcare Center, LLC. Adding Evan J. Topol as counsel of record for Long Beach Healthcare Center, LLC for the reason indicated in the G-123 Notice. Filed by Defendant Long Beach Healthcare Center, LLC. (Topol, Evan)
February 11, 2021 Filing 17 Joint STIPULATION for Extension of Time to File Initial Disclosures filed by defendant Long Beach Healthcare Center, LLC. (Attachments: #1 Proposed Order)(Cruz, Kim)
February 8, 2021 Filing 16 JOINT REPORT of FRCP Rule 26(f) and LR 26 filed by Defendant Long Beach Healthcare Center, LLC. (Cruz, Kim)
February 8, 2021 Filing 15 REQUEST FOR JUDICIAL NOTICE in Support of Opposition to Motion to Remand filed by Defendant Long Beach Healthcare Center, LLC. (Attachments: #1 Exhibit A-Notice of Removal, #2 Exhibit B-Complaint, #3 Exhibit C-PREP Act Declaration, #4 Exhibit D-Amended Dec Invoking PREP Act, #5 Exhibit E-2nd Amended Dec Invoking PRPE Act, #6 Exhibit F-4thAmended HHS Dec, #7 Exhibit G-Advisory Op by HHS General Counsel, #8 Exhibit H-List of Covered Countermeasurs, #9 Exhibit I-HHS Advisory Opinion 10-22-20, #10 Exhibit J-HHS Letter Prep Act 8-14-20, #11 Exhibit K-Dorsey Death Certificate, #12 Exhibit L-CC 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 and 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 QSO 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 Advisory Opinion, #32 Exhibit FF-HHS Dec 5th Amendment, #33 Exhibit GG-Statement of Interest, #34 Exhibit HH-Infection Control Surveys)(Cruz, Kim)
February 8, 2021 Filing 14 Opposition Opposition re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #12 filed by Defendant Long Beach Healthcare Center, LLC. (Attachments: #1 Declaration of Kim S. Cruz, #2 Declaration of Ryan G. Canavan, #3 Exhibit II to Dec of Ryan Canavan, #4 Exhibit JJ to Dec of Ryan Canavan)(Cruz, Kim)
January 28, 2021 Filing 13 Joint STIPULATION Extending Time to Answer the complaint as to Long Beach Healthcare Center, LLC answer now due 2/19/2021, re Complaint - (Discovery) filed by defendant Long Beach Healthcare Center, LLC.(Cruz, Kim)
January 26, 2021 Filing 12 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Ebony Stone. Motion set for hearing on 3/1/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Smith, Dawn)
January 22, 2021 Opinion or Order Filing 11 ORDER ON STIPULATION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S COMPLAINT #10 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv)
January 20, 2021 Filing 10 Joint STIPULATION for Extension of Time to File Answer to April 1, 2021 re Complaint - (Discovery) filed by defendant Long Beach Healthcare Center, LLC. (Attachments: #1 Proposed Order on Stipulation to Extend Time to Respond to Plaintiff's Complaint)(Cruz, Kim)
January 19, 2021 Filing 9 TEXT ONLY ENTRY ORDER DISMISSING DOES: Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten Doe or fictitiously named parties. Accordingly, the Court hereby dismisses the action as to Doe Defendants 11 through 50, inclusive.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY
January 15, 2021 Opinion or Order Filing 8 MINUTES (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for March 1, 2021 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before February 8, 2021. (iv)
January 15, 2021 Opinion or Order Filing 7 STANDING ORDER by Judge John F. Walter. 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 John F. Walter. (iv)
January 15, 2021 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car)
January 15, 2021 Filing 5 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Pedro V. Castillo. (car)
January 13, 2021 CONFORMED COPY OF COMPLAINT against Defendants Does 1 to 50, Long Beach Healthcare Center, LLC. Jury Demanded, filed by Plaintiff Ebony Stone. Filed in State Court on 11/24/2020 Submitted with Attachment 1 Exhibit A to Doc #3 (car)
January 13, 2021 Filing 4 Certification and NOTICE of Interested Parties filed by Defendant Long Beach Healthcare Center, LLC, (Cruz, Kim)
January 13, 2021 Filing 3 REQUEST FOR JUDICIAL NOTICE In Support of Removal From State Court filed by Defendant Long Beach Healthcare Center, LLC. (Attachments: #1 Exhibit A-Plaintiffs' Complaint, #2 Exhibit B-PREP Act Declaration, #3 Exhibit C-Amended Dec Invoking PREP Act, #4 Exhibit D-Second Amended Dec Invoking PREP Act, #5 Exhibit E-Fourth Amended HHS Dec, #6 Exhibit F-HHS Letter PREP Act 8-14-2020, #7 Exhibit G-HHS Advisory Opinion 10-22-20, #8 Exhibit H-PREP Act Advisory Opinion, #9 Exhibit I-PREP Act covered devices and tests, #10 Exhibit J-CDC Jan 8, 2020, #11 Exhibit K-CDC Jan 17, 2020, #12 Exhibit L-CDC Jan 24, 2020, #13 Exhibit M-CDC Feb 2, 2020 Updated Guidance, #14 Exhibit N-CDPH AF:s Jan and Feb 2020, #15 Exhibit O-CMS Feb 6, 2020 Memo, #16 Exhibit P-CDC Feb 28, 2020 Updated Interim Guidance, #17 Exhibit Q-March 2020 CDC Strategies, #18 Exhibit R-CDPH AFL March 3, 2020, #19 Exhibit S-CMS March 4, 2020 Memo, #20 Exhibit T-CDC March 8, 2020 Updated Guidance, #21 Exhibit U-CDC March 10, 2020, #22 Exhibit V-CMS March 10, 2020 Memo, #23 Exhibit W-CDPH AFL 20-22 March 11, 2020, #24 Exhibit X-CMS March 13, 2020 Memo, #25 Exhibit Y-March 17, 2020 CDC Memos, #26 Exhibit Z-CMS March 20, 2020 QSO 20-20, #27 Exhibit AA-March 21, 2020 CDC Prep for COVID 19, #28 Exhibit BB-April 2, 2020 CMS Covid-10 LTCF Guidance, #29 Exhibit CC-April 6, 2020 CDC Publication, #30 Exhibit DD-April 13, 2020 CDPH AFL 20-30, #31 Exhibit EE-HHS Jan 8 2021 Advisory Opinion)(Cruz, Kim)
January 13, 2021 Filing 2 CIVIL COVER SHEET filed by Defendant Long Beach Healthcare Center, LLC. (Cruz, Kim)
January 13, 2021 Filing 1 NOTICE OF REMOVAL from Los Angeles, case number 20STCV47199 Receipt No: ACACDC-30024486 - Fee: $402, filed by defendant Long Beach Healthcare Center, LLC. (Attorney Kim Suzanne Cruz added to party Long Beach Healthcare Center, LLC(pty:dft))(Cruz, Kim)

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Plaintiff: Ebony Stone
Represented By: Dawn Marie Smith
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Defendant: Long Beach Healthcare Center, LLC
Represented By: Kim Suzanne Cruz
Represented By: Ryan G. Canavan
Represented By: William C Wilson
Represented By: Evan J. Topol
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Defendant: Does 1 to 10
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