Letitia Codeus et al v. Grancell Village of the Los Angeles Jewish Home for the Aging et al
| John Codeus, Nicholette Graham and Letitia Codeus |
| Michael Christopher Codeus and Does 1-25, inclusive |
| Nichollette Graham and Grancell Village of the Los Angeles Jewish Home for the Aging |
| 2:2021cv02266 |
| March 12, 2021 |
| US District Court for the Central District of California |
| Maria A Audero |
| Fernando M Olguin |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1446 |
| None |
Docket Report
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Filing 39
MINUTES (IN CHAMBERS) ORDER STAYING ACTION by Judge Fernando M. Olguin. This action is stayed pending the Ninth Circuit's decision in the above-referenced case. The scheduling conference set for June 10, 2021, is vacated pending further order of the court. (MD JS-6. Case Terminated) (iv)
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| Filing 38 NOTICE OF DISMISSAL filed by Plaintiff Letitia Codeus, Nicholette Graham, John Codeus pursuant to FRCP 41a(1) as to Michael Christopher Codeus. (Moore, Jody) |
| Filing 37 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 20 Days, filed by Plaintiffs John Codeus, Letitia Codeus, Nicholette Graham.. (Moore, Jody) |
| Filing 36 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. The Order to Show Cause #29 is hereby discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
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Filing 35
MINUTE ORDER IN CHAMBERS by Judge Fernando M. Olguin. Plaintiff shall file and serve a motion for default judgment no later than June 3, 2021, and notice it for hearing pursuant to the Local Rules. (jre)
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| Filing 34 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Michael Christopher Codeus. (iv) |
| Filing 33 APPLICATION for Clerk to Enter Default against Defendant Michael Christopher Codeus filed by Plaintiff Letitia Codeus, Nicholette Graham, John Codeus. Application set for hearing on 6/24/2021 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration Declaration of Jody C. Moore, #2 Exhibit Proof of Service - Michael Codeus) (Moore, Jody) |
| Filing 32 NOTICE OF DEFICIENCY Re: Application for Clerk to Enter Default against Defendant Michael Christopher Codeus #30 . The Clerk cannot enter the requested relief as: The name of the person served does not exactly match the person named in complaint. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (iv) |
| Filing 31 PROOF OF SERVICE filed by Plaintiff John Codeus, Letitia Codeus, Nicholette Graham, re APPLICATION for Clerk to Enter Default against Defendant Michael Christopher Codeus #30 served on 5/17/2021. (Moore, Jody) |
| Filing 30 APPLICATION for Clerk to Enter Default against Defendant Michael Christopher Codeus filed by Plaintiff Letitia Codeus, Nicholette Graham, John Codeus. Application set for hearing on 6/24/2021 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration Declaration of Jody C. Moore, #2 Exhibit Exhibit A Proof of Service Michael Codeus) (Moore, Jody) |
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Filing 29
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL RE: LACK OF PROSECUTION by Judge Fernando M. Olguin.The court, on its own motion, orders plaintiff(s) to show cause in writing on or before May 24, 2021, why this action should not be dismissed for lack of prosecution. (iv)
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| Filing 28 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Remand #18 is taken off the 5/13/2021 calendar and placed under submission. No appearances are required on 5/13/2021. An order with the court's ruling will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 27 PROOF OF SERVICE filed by Plaintiff John Codeus, Letitia Codeus, Nicholette Graham, re Reply (Motion related), #26 served on 4/29/2021. (Moore, Jody) |
| Filing 26 REPLY Reply To Defendant's Opposition NOTICE OF MOTION AND MOTION to Remand Case to Stanley Mosk Courthouse #18 filed by Plaintiffs John Codeus, Letitia Codeus, Nicholette Graham. (Attachments: #1 Declaration Declaration of Jody C. Moore, #2 Exhibit Martin Order Remanding HPHC To State Court, #3 Exhibit Ivey Order Granting Motion To Remand)(Moore, Jody) |
| Filing 25 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. The Order to Show Cause #20 is hereby discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
| Filing 24 SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Letitia Codeus, Nicholette Graham, John Codeus, upon Defendant Michael Christopher Codeus served on 4/21/2021, answer due 5/12/2021. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Moore, Jody) |
| Filing 23 REQUEST FOR JUDICIAL NOTICE RE: DEFENDANT'S OPPOSITION TO MOTION TO REMAN filed by Defendant Grancell Village of the Los Angeles Jewish Home for the Aging. (Attachments: #1 Exhibit Ex. 1 - 4th Amendment to Decl. of HHS Secretary Azar under PREP Act, #2 Exhibit Ex. 2 - January 8, 2021 Advisory Opinion 21-01, #3 Exhibit Ex. 3 - Garcia v. Welltower, #4 Exhibit Ex. 4 - Parker V. St. Lawrence County, #5 Exhibit Ex. 5 Decl. Invoking PREP Act on March 10, 2020, #6 Exhibit Ex. 6 - Amendment of PREP Act Decl. as of March 27, 2020, #7 Exhibit Ex. 7 - Further Amendment of PREP Act Decl. as of June 4, 2020, #8 Exhibit Ex. 8 - Fifth Amendment to Decl. by HHS Invoking PREP Act, #9 Exhibit Ex. 9 - Covered Countermeasures Listing issued by U.S. FDA, #10 Exhibit Ex. 10 - August 14, 2020 Advisory Opinion of OGC for Dept. of HHS, #11 Exhibit Ex. 11 - Statement of Interest of U.S. in Bolton v. Gallatin`)(Whitman, Andrew) |
| Filing 22 OPPOSITION filed by Defendant Grancell Village of the Los Angeles Jewish Home for the Aging. (Whitman, Andrew) |
| Filing 21 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion to Dismiss #13 is taken off the 4/29/2021 calendar and placed under submission. No appearances are needed on 4/29/2021. An order with the court's ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY |
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Filing 20
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL RE: LACK OF PROSECUTION by Judge Fernando M. Olguin. The court, on its own motion, orders plaintiff(s) to show cause in writing on or before April 26, 2021, why this action should not be dismissed for lack of prosecution. (iv)
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| Filing 19 REPLY NOTICE OF MOTION AND MOTION to Dismiss Case Complaint, #13 (Reply to Opposition to Motion to Dismiss) filed by Defendant Grancell Village of the Los Angeles Jewish Home for the Aging. (Whitman, Andrew) |
| Filing 18 NOTICE OF MOTION AND MOTION to Remand Case to Stanley Mosk Courthouse filed by Plaintiff John Codeus, Letitia Codeus, Nicholette Graham. Motion set for hearing on 5/13/2021 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration Declaration of Jody C. Moore, #2 Exhibit Federal Register re Counter Measures, #3 Proposed Order [Proposed] Order) (Moore, Jody) |
| Filing 17 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case Complaint, #13 filed by Plaintiffs John Codeus, Letitia Codeus, Nicholette Graham. (Attachments: #1 Declaration Declaration of Jody C. Moore, #2 Exhibit Exhibit A Judge Fisher's Orders, #3 Proposed Order [Proposed] Order Denying Defendant's Motion To Dismiss)(Moore, Jody) |
| Filing 16 NOTICE of Interested Parties filed by Plaintiff John Codeus, Letitia Codeus, Nicholette Graham, identifying Letitia Codeus, John Codeus, Nicholette Graham. (Moore, Jody) |
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Filing 15
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando M. Olguin. Scheduling Conference set for 6/10/2021 at 10:00 AM before Judge Fernando M. Olguin. (vdr)
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| Filing 14 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case Complaint, #13 filed by Defendant Grancell Village of the Los Angeles Jewish Home for the Aging. (Whitman, Andrew) |
| Filing 13 NOTICE OF MOTION AND MOTION to Dismiss Case Complaint, filed by Defendant Grancell Village of the Los Angeles Jewish Home for the Aging. Motion set for hearing on 4/29/2021 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Exhibit Ex. 1 - May 19, 2020 Advisory Opinion of HHS, #2 Exhibit Ex. 2 - August 14, 2020 Advisory Opinion of HHS, #3 Exhibit Ex. 3 - Executive Order N-27-20 by Gov. Newsom, #4 Exhibit Ex. 4 Fourth Amendment to Dec. Under PREP Act, #5 Exhibit Ex. 5 - January 8, 2021 Advisory Opinion of HHS, #6 Proposed Order (Proposed) Order on Motion to Dismiss Complaint) (Whitman, Andrew) |
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Filing 12
ORDER STRIKING by Judge Fernando M. Olguin Re: MOTION to Dismiss #8 . 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; and (2) Local Rule 7-3, failure of counsel to meet and confer at least one week in advance to filing of motion. (vdr)
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| Filing 11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss #8 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. 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. (iv) |
| Filing 10 Defendant's Demand for Jury Trial BRIEF filed by Defendant Grancell Village of the Los Angeles Jewish Home for the Aging. (Whitman, Andrew) |
| Filing 9 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case Complaint, #8 filed by Defendant Grancell Village of the Los Angeles Jewish Home for the Aging. (Whitman, Andrew) |
| Filing 8 **STRICKEN** NOTICE OF MOTION AND MOTION to Dismiss Case Complaint filed by Defendant Grancell Village of the Los Angeles Jewish Home for the Aging. (Attachments: #1 Exhibit Ex. 1 - May 19, 2020 Advisory Opinion of HHS, #2 Exhibit Ex. 2 - August 14, 2020 Advisory Opinion of HHS, #3 Exhibit Ex. 3 - Executive Order N-27-20 by Gov. Newsom, #4 Exhibit Ex. 4 Fourth Amendement to Dec. Under PREP Act, #5 Exhibit Ex. 5 - January 8, 2021 Advisory Opinion of HHS, #6 Proposed Order (Proposed) Order on Motion to Dismiss Complaint) (Whitman, Andrew) Modified on 3/29/2021 (vdr). |
| Filing 7 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 6 STIPULATION Extending Time to Answer the complaint as to Grancell Village of the Los Angeles Jewish Home for the Aging answer now due 3/26/2021, filed by Defendant Grancell Village of the Los Angeles Jewish Home for the Aging.(Whitman, Andrew) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Maria A. Audero. (et) |
| CONFORMED E-FILED COPY OF COMPLAINT against Defendants Michael Christopher Codeus, Does 1-25, inclusive, Grancell Village of the Los Angeles Jewish Home for the Aging., filed by Plaintiffs Letitia Codeus, Nicholette Graham, John Codeus. [FILED IN STATE COURT ON 1/26/2021 SUBMITTED ATTACHED TO EXHIBIT A TO NOTICE OF REMOVAL #1 ]. (et) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Grancell Village of the Los Angeles Jewish Home for the Aging, identifying BETA Healthcare Group; BETA Risk Management Authority. (Whitman, Andrew) |
| Filing 2 CIVIL COVER SHEET filed by Movant Grancell Village of the Los Angeles Jewish Home for the Aging. (Whitman, Andrew) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, County of Los Angeles, case number 21STCV03087 Receipt No: ACACDC-30912190 - Fee: $402, filed by Defendant Grancell Village of the Los Angeles Jewish Home for the Aging. (Attachments: #1 Exhibit Ex. A to Notice of Removal (Pleadings received by Defendant), #2 Exhibit Ex. B to Notice of Removal (Notice to Adverse Party of Removal of Action), #3 Exhibit Ex. C to Notice of Removal (Notice to State Court of Removal to Federal Court)) (Attorney Andrew K Whitman added to party Grancell Village of the Los Angeles Jewish Home for the Aging(pty:bkmov))(Whitman, Andrew) |
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