John Aguilar et al v. Maclay Healthcare, LLC et al
| John Aguilar and Edward Aguilar |
| Maclay Healthcare, LLC dba Maclay Healthcare Center, Does 1 to 50 and Maclay Healthcare LLC doing business as Maclay Healthcare Center |
| 2:2021cv02855 |
| April 2, 2021 |
| US District Court for the Central District of California |
| Karen L Stevenson |
| Otis D Wright |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1331 |
| Both |
Docket Report
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This docket was last retrieved on May 24, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 Receipt of Remand by Los Angeles County Superior Court on 5/11/2021 (lc) |
| Filing 19 MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: In light of the Court's Order remanding this action to state court, Defendants Motion to Dismiss #17 is DENIED as moot. (lc) |
| Filing 18 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case FRCP 12(b)(6) and Motion to Strike FRCP 12(f) #17 filed by Defendant Maclay Healthcare LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL)(Cruz, Kim) |
| Filing 17 NOTICE OF MOTION AND MOTION to Dismiss Case FRCP 12(b)(6) and Motion to Strike FRCP 12(f) filed by defendant Maclay Healthcare LLC. Motion set for hearing on 6/14/2021 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Kim Cruz, #2 Declaration of Ryan G. Canavan, #3 Exhibit MM to Declaration of Ryan G. Canavan, #4 Exhibit NN to Declaration of Ryan G. Canavan) (Cruz, Kim) |
| Filing 16 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 No. 21STCV05601. (lc) |
Filing 15
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Upon consideration of Defendant's Response to the Courts OSC #13 , the Court finds that Defendant fails to establish the Court's subject matter jurisdiction over this action. Accordingly, the Court REMANDS this action to the Superior Court of California, County of Los Angeles, Case Number 21STCV05601. The Clerk of the Court shall close this case. (Made JS-6. Case Terminated.) (lc)
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| Filing 14 REQUEST FOR JUDICIAL NOTICE in Response to the Court's OSC Why the Action Should Not be Remanded filed by Defendant Maclay Healthcare LLC. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-HHS Dec of PH Emergency, #3 Exhibit C-Newsom Declaration 3.4.20, #4 Exhibit D-Trump Dec of Emergency 3.13.20, #5 Exhibit E-PREP Act Dec, #6 Exhibit F-1st Amended PREP Act Dec, #7 Exhibit G-2nd Amended Dec 6.4, #8 Exhibit H-PREP Advisory Op by HHS, #9 Exhibit I-PREP Act Covered Devices and Tests, #10 Exhibit J-HHS Advisory Opinion 10.22.20, #11 Exhibit K-HHS Advisory Opinion 21-01 Jan 8, 2021, #12 Exhibit L-Fourth Amended PREP Act Dec, #13 Exhibit M-Fifth Amended Dec Under PREP Act, #14 Exhibit N-HHS Letter Prep Act 8.14.2020, #15 Exhibit O-CC Jan 8, 2020, #16 Exhibit P-CDC Jan 17.2020, #17 Exhibit Q-CDC Jan 24, 2020, #18 Exhibit R-CDC Feb 1, 2020 Updated Guidance, #19 Exhibit S-CDPH AFLS Jan & Feb 2020, #20 Exhibit T-CMS Feb 6, 2020 Memo, #21 Exhibit U-CDC Feb 28 2020 updated interim guidance, #22 Exhibit V-March 3, 2020 CDC Strategies, #23 Exhibit W-CPH 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 20-22 March 11, 2020, #29 Exhibit CC-CMS March 13, 2020 Memo, #30 Exhibit DD-March 17, 2020 CDC Memos, #31 Exhibit EE-QSO 20-20 All, #32 Exhibit FF-March 21, 2020 CDC Prep for Covid 19, #33 Exhibit GG-April 2, 2020 CMS Covid 19 LTCF Guidance, #34 Exhibit HH-May 2, 2020 AFL 44.1, #35 Exhibit II-May 22, 2020 AFL 53, #36 Exhibit JJ-June 2, 2020 AFL 55, #37 Exhibit KK-8.31.20 Guidance PREP Coverage for Screening Tests, #38 Exhibit LL-Statement of Interest of US (Bolton v. Gallatin Center), #39 Exhibit MM-Focused Infection Control Surveys, #40 Exhibit NN-7.13.20 COVID Mitigation Plan Implementation and Monitoring Survey Completed 7.13.20)(Cruz, Kim) |
| Filing 13 RESPONSE filed by Defendant Maclay Healthcare LLCto Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, #11 to OSC Why Action Should Not be Remanded (Attachments: #1 Declaration of Kim S. Cruz, #2 Exhibit OO to Declaration of Kim S. Cruz)(Cruz, Kim) |
| Filing 12 Joint STIPULATION for Extension of Time to File Answer to June 7, 2021 re Complaint - (Discovery) filed by defendant Maclay Healthcare LLC. (Attachments: #1 Proposed Order)(Cruz, Kim) |
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Filing 11
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court ORDERS Defendant TO SHOW CAUSE in writing only, why this action should not be remanded for lack of subject-matter jurisdiction. Defendant shall respond to this OSC no later than May 5, 2021. No hearing will be held. Failure of Defendant to timely or adequately respond to this OSC may result in the remand of this matter without further warning. (lc)
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| Filing 10 STIPULATION Extending Time to Answer the complaint as to re Complaint - (Discovery) filed by defendant Maclay Healthcare LLC.(Cruz, Kim) |
| Filing 9 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation Extending Time to Answer (30 days or less) #8 . The following error(s) was/were found: Case number is incorrect or missing. Case number area is BLANK. Official complete case number is to read as: 2:21cv02855 ODW (KSx). 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. (lc) |
| Filing 8 STIPULATION Extending Time to Answer the complaint as to Maclay Healthcare LLC answer now due 5/7/2021, re Complaint - (Discovery) filed by defendant Maclay Healthcare LLC.(Cruz, Kim) |
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Filing 7
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. The Courts Electronic Document Submission System (EDSS) allows people without lawyers who have pending cases in the United States District Court for the Central District of California to submit documents electronically to the Clerk's Office The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to Court's Website and Judge's procedures for information as applicable. (lc)
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (mrgo) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Karen L. Stevenson. (mrgo) |
| CONFORMED COPY OF STATE COURT COMPLAINT against defendants Does, Maclay Healthcare LLC, Jury Demanded,, filed by plaintiffs John Aguilar, Edward Aguilar. [Submitted as Exhibit A to Removal] (mrgo) |
| Filing 4 REQUEST FOR JUDICIAL NOTICE in Support of Defendant's Notice of Removal filed by Defendant Maclay Healthcare, LLC dba Maclay Healthcare Center. (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-8-14-2020, #7 Exhibit G- HHS Advisory Opinion Oct. 22 2020, #8 Exhibit H- PREP Act advisory op by HHS, #9 Exhibit I- PREP Act covered devices and tests, #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) |
| Filing 3 Certification and NOTICE of Interested Parties filed by Defendant Maclay Healthcare, LLC dba Maclay Healthcare Center, (Topol, Evan) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Maclay Healthcare, LLC dba Maclay Healthcare Center. (Topol, Evan) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County, case number 21STCV05601 Receipt No: ACACDC-31035563 - Fee: $402, filed by Defendant Maclay Healthcare, LLC dba Maclay Healthcare Center. (Attorney Evan J. Topol added to party Maclay Healthcare, LLC dba Maclay Healthcare Center(pty:dft))(Topol, Evan) |
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