Qiana Winn et al v. California Post Acute LLC
Plaintiff: Qiana Winn
Defendant: California Post Acute LLC doing business as California Post Acute and DOES 1-50
Case Number: 2:2021cv02854
Filed: April 2, 2021
Court: US District Court for the Central District of California
Presiding Judge: Percy Anderson
Referring Judge: Margo A Rocconi
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 2, 2021 Opinion or Order Filing 16 IN CHAMBERS ORDER TAKING MOTION UNDER ADVISEMENT by Judge Percy Anderson. A hearing on the Motion to Alter Judgment #10 is scheduled for June 7, 2021, at 1:30 p.m. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds this matter appropriate for decision without oral argument. The hearing calendared for June 7, 2021, is vacated and the matter taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
May 24, 2021 Opinion or Order Filing 15 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #13 filed by California Post Acute LLC. CCA # 21-55468. Accordingly, appellate proceedings other than mediation shall be held in abeyance pending the district courts resolution of the pending motion. The (9th CCA) Clerk shall serve this order on the district court. [See documents for details.] (mat)
May 7, 2021 Filing 14 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 21-55468 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #13 as to defendant California Post Acute LLC. (mrgo)
May 6, 2021 Filing 13 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant California Post Acute LLC. Appeal of Minutes of In Chambers Order/Directive - no proceeding held,, Order to Remand Case to State Court, #7 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-31248507.) (Canavan, Ryan)
May 5, 2021 Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Alter Judgment re Minutes of In Chambers Order/Directive - no proceeding held,, Order to Remand Case to State Court, #7 . #10 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): A proposed order shall be submitted as a separate attachment to the Motion or to a Notice of Lodging. 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. (mrgo)
May 4, 2021 Filing 11 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Alter Judgment re Minutes of In Chambers Order/Directive - no proceeding held,, Order to Remand Case to State Court, #7 . #10 filed by Defendant California Post Acute LLC. (Attachments: #1 Exhibit A- 3.11.20 - COVID Preparedness Visit - No Deficiencies, #2 Exhibit B- 3.30.20 COVID Infection Control Survey - No Deficiencies Issued, #3 Exhibit C- QSO-20-20-All)(Canavan, Ryan)
May 4, 2021 Filing 10 NOTICE OF MOTION AND MOTION to Alter Judgment re Minutes of In Chambers Order/Directive - no proceeding held,, Order to Remand Case to State Court, #7 . filed by Defendant California Post Acute LLC. Motion set for hearing on 6/7/2021 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration, #2 Exhibit A to Declaration of Sigal Abikhzer, #3 Exhibit B to Declaration of Sigal Abikhzer) (Canavan, Ryan)
April 21, 2021 Filing 9 Receipt of Order of Remand filed. (mrgo)
April 7, 2021 Filing 8 TRANSMITTAL of documents to Los Angeles County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles County Superior Court. (mrgo)
April 6, 2021 Opinion or Order Filing 7 MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. For all of the foregoing reasons, Defendant has failed to meet its burden to demonstrate that this Court has subject matter jurisdiction over this action. Accordingly, the Court remands this action for lack of subject matter jurisdiction to the Los Angeles Superior Court, Case No. 20STCV40964. See 28 U.S.C. 1447(c). Case Terminated. Made JS-6. (See document for details) (mrgo)
April 2, 2021 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil)
April 2, 2021 Filing 5 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Margo A. Rocconi. (jtil)
April 2, 2021 Filing 4 REQUEST FOR JUDICIAL NOTICE in Support of Defendant's Notice of Removal filed by Defendant California Post Acute LLC dba California Post Acute. (Attachments: #1 Exhibit A- Complaint, #2 Exhibit B- PREP Act Dec., #3 Exhibit C- Amended Dec. invoking PREP Act, #4 Exhibit D- Second Amended Dec. invoking PREP Act, #5 Exhibit E- 4th Amended HHS Dec., #6 Exhibit F- HHS-Letter PREP Act 8.14.20, #7 Exhibit G-HHS Advisory Opinion 10.22.20, #8 Exhibit H- PREP Act Advisory op by HHS, #9 Exhibit I- PREP Act covered devises and test, #10 Exhibit J- CDC January 8, 2020, #11 Exhibit K- CDC January 17, 2020, #12 Exhibit L- CDC January 24, 2020, #13 Exhibit M- CDC February 1, 2020 Updated Guidance, #14 Exhibit N- CDPH AFLs January and February 2020, #15 Exhibit O- CMS February 6, 2020 Memo, #16 Exhibit P- CDC February 28 2020 updated interim guidance, #17 Exhibit Q- March 1 or 3, 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-19 LTCF Guidance, #29 Exhibit CC- Fifth Amended Dec. under the PREP Act, #30 Exhibit DD- HHS Advisory Opinion 21-01 Jan. 8, 2021, #31 Exhibit EE- Statement of Interest of U.S. (Bolton v. Gallatin Center) 1.19.21)(Topol, Evan)
April 2, 2021 Filing 3 Certification and NOTICE of Interested Parties filed by Defendant California Post Acute LLC dba California Post Acute, (Topol, Evan)
April 2, 2021 Filing 2 CIVIL COVER SHEET filed by Defendant California Post Acute LLC dba California Post Acute. (Topol, Evan)
April 2, 2021 Filing 1 NOTICE OF REMOVAL from Los Angeles County, case number 20STCV40964 Receipt No: ACACDC-31034970 - Fee: $402, filed by Defendant California Post Acute LLC dba California Post Acute. (Attorney Evan J. Topol added to party California Post Acute LLC dba California Post Acute(pty:dft))(Topol, Evan)
April 2, 2021 CONFORMED COPY OF COMPLAINT filed by Plaintiff Qiana Winn in Lso Angels Superior Court on 10/26/2020, attached as Exhibit A. (jtil)

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Defendant: California Post Acute LLC doing business as California Post Acute
Represented By: Ryan G. Canavan
Represented By: Kim Suzanne Cruz
Represented By: William C Wilson
Represented By: Evan J. Topol
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Defendant: DOES 1-50
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Plaintiff: Qiana Winn
Represented By: Eric David Hitchcock
Represented By: Dawn Marie Smith
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