Lawrence Reed et al v. Sunbridge Hallmark Health Services, LLC
| Olive Reed and Lawrence Reed |
| Sunbridge Hallmark Health Services, LLC dba Playa Del Rey Center, DOES 1 through 10, inclusive, Sunbridge Hallmark Health Services, LLC doing business as Playa Del Rey Center and Lisa Marie Reed |
| 2:2021cv03702 |
| April 30, 2021 |
| US District Court for the Central District of California |
| Alicia G Rosenberg |
| John F Walter |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1442 |
| Both |
Docket Report
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| Filing 33 TRANSMITTAL of documents to Los Angeles 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 Superior Court. (iv) |
Filing 32
MINUTES (IN CHAMBERS) ORDER GRANTING PLAINTIFFS' MOTION FOR REMAND OF THE CASE TO STATE COURT [filed 5/26/2021; Docket No. #19 ] by Judge John F. Walter. Plaintiffs' Motion for Remand of the Case to State Court is GRANTED, and this action is REMANDED to Los Angeles County Superior Court for lack of subject matter jurisdiction. MD JS-6. Case Terminated. (iv)
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| Filing 31 Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case and MOTION to Strike Complaint #24 filed by Plaintiffs Lawrence Reed, Olive Reed. (Farwell, Allison) |
| Filing 30 Text Entry Order: In light of the fact that Plaintiffs re-filed their Motion for Remand of the Case to State Court on May 26, 2021 and noticed the motion for hearing on June 28, 2021 at 1:30 p.m., Plaintiffs Motion for Remand of the Case to State Court filed on May 19, 2021 (Docket No. #14 ) is DENIED as moot and the hearing calendared for June 21, 2021 at 1:30 p.m. is VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 29 REPLY Opposition NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #19 filed by Plaintiff Olive Reed. (Farwell, Allison) |
| Filing 28 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #19 filed by Defendant Sunbridge Hallmark Health Services, LLC. (Attachments: #1 Exhibit A to Request for Judicial Notice, #2 Exhibit B to Request for Judicial Notice, #3 Exhibit C to Request for Judicial Notice, #4 Exhibit D to Request for Judicial Notice, #5 Exhibit E to Request for Judicial Notice, #6 Exhibit F to Request for Judicial Notice, #7 Exhibit G to Request for Judicial Notice, #8 Exhibit H to Request for Judicial Notice, #9 Exhibit I to Request for Judicial Notice, #10 Exhibit J to Request for Judicial Notice, #11 Exhibit K to Request for Judicial Notice, #12 Exhibit L to Request for Judicial Notice, #13 Exhibit M to Request for Judicial Notice, #14 Exhibit N to Request for Judicial Notice, #15 Exhibit O to Request for Judicial Notice, #16 Exhibit P to Request for Judicial Notice, #17 Exhibit Q to Request for Judicial Notice, #18 Exhibit R to Request for Judicial Notice, #19 Exhibit S to Request for Judicial Notice, #20 Exhibit T to Request for Judicial Notice, #21 Exhibit U to Request for Judicial Notice, #22 Exhibit V to Request for Judicial Notice, #23 Exhibit W to Request for Judicial Notice, #24 Exhibit X to Request for Judicial Notice, #25 Exhibit Y to Request for Judicial Notice, #26 Exhibit Z to Request for Judicial Notice, #27 Exhibit AA to Request for Judicial Notice, #28 Exhibit BB to Request for Judicial Notice, #29 Exhibit CC to Request for Judicial Notice, #30 Exhibit DD to Request for Judicial Notice, #31 Exhibit EE to Request for Judicial Notice, #32 Exhibit FF to Request for Judicial Notice, #33 Exhibit GG to Request for Judicial Notice, #34 Exhibit HH to Request for Judicial Notice, #35 Exhibit II to Request for Judicial Notice, #36 Exhibit JJ to Request for Judicial Notice, #37 Exhibit KK to Request for Judicial Notice, #38 Exhibit LL to Request for Judicial Notice, #39 Exhibit OO to Request for Judicial Notice, #40 Exhibit PP to Request for Judicial Notice, #41 Exhibit QQ to Request for Judicial Notice, #42 Exhibit RR to Request for Judicial Notice)(Canavan, Ryan) |
| Filing 27 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #19 filed by Defendant Sunbridge Hallmark Health Services, LLC. (Attachments: #1 Declaration of Kim S. Cruz in Support of Opposition, #2 Declaration of Ryan G. Canavan in Support of Opposition, #3 Exhibit MM to Declaration of Ryan G. Canavan, #4 Exhibit NN to Declaration of Ryan G. Canavan)(Canavan, Ryan) |
| Filing 26 NOTICE OF ERRATA filed by Defendant Sunbridge Hallmark Health Services, LLC. correcting NOTICE OF MOTION AND MOTION to Dismiss Case and MOTION to Strike Complaint #24 (Attachments: #1 Proposed Order on Defendant Sunbridge Hallmark Health Services, LLC dba Playa Del Rey Center Motion to Dismiss and Motion to Strike)(Canavan, Ryan) |
| Filing 25 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case and MOTION to Strike Complaint #24 filed by Defendant Sunbridge Hallmark Health Services, 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 Facilties, #7 Exhibit G- COVID Prep Survey & COVID Focused Infection Control Surveys, #8 Exhibit H- Notice of Removal, #9 Exhibit I- PREP Act Dec, #10 Exhibit J- Amended Dec PREP, #11 Exhibit K- 2nd Amend PREP Dec, #12 Exhibit L- CDC January 8, 2020, #13 Exhibit M- CDC January 17, 2020, #14 Exhibit N- CDC January 24, 2020, #15 Exhibit O- CDC February 1, 2020 Updated Guidance, #16 Exhibit P- CDPH AFLs January and February 2020, #17 Exhibit Q- CMS February 6, 2020 Memo, #18 Exhibit R- CDC February 28 2020 updated interim guidance, #19 Exhibit S- March 1 or 3, 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- QSO-20-20-All, #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- 4.17.20 OCG AO, #32 Exhibit FF- List 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-Letter, #38 Exhibit LL- March 30 2020 AFL, #39 Exhibit OO- April 6, 2020 CDC, #40 Exhibit PP- 4.13.20 CDPH AFL20-39, #41 Exhibit QQ- Designation of Scarce Materials by HHS, #42 Exhibit RR- Rachal Decision)(Canavan, Ryan) |
| Filing 24 NOTICE OF MOTION AND MOTION to Dismiss Case and MOTION to Strike Complaint filed by Defendant Sunbridge Hallmark Health Services, LLC. Motion set for hearing on 7/12/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration of Kim S. Cruz in Support of Motion, #2 Declaration of Ryan G. Canavan in Support of Motion, #3 Exhibit MM to Declaration of Ryan G. Canavan, #4 Exhibit NN to Declaration of Ryan G. Canavan) (Canavan, Ryan) |
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Filing 23
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 4/8/2022 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 4/15/2022 at 8:00 AM. Jury Trial set for 4/26/2022 at 8:30 AM. (iv)
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Filing 22
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 June 14, 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: January 10, 2022. The Joint Report re: Results of Settlement Conference due on: January 14, 2022. (iv)
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| Filing 21 STATEMENT Joint 7-3 Re Defendant's Motion to Dismiss filed by Defendant Sunbridge Hallmark Health Services, LLC (Cruz, Kim) |
| Filing 20 JOINT REPORT of Rule 26(f) filed by Defendant Sunbridge Hallmark Health Services, LLC. (Cruz, Kim) |
| Filing 19 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Olive Reed. Motion set for hearing on 6/28/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum Plaintiffs' Motion for Remand of the Case to State Court and Memorandum of Law in Support Thereof, #2 Proposed Order Proposed Order Granting Plaintiff's Motion to Remand) (Potter, Mark) |
| Filing 18 DECLARATION of Kim S. Cruz re Generic Text Only Entry,,, 15 filed by Defendant Sunbridge Hallmark Health Services, LLC. (Cruz, Kim) |
| Filing 17 DECLARATION of Allison Farwell filed by Plaintiff Lawrence Reed. (Farwell, Allison) |
| Filing 16 STATEMENT Regarding 7-3 Conference filed by Plaintiff Olive Reed (Farwell, Allison) |
| Filing 15 Text Entry Order: The Court concludes that the parties have failed to conduct a proper Local Rule 7-3 conference based on their failure to meaningfully describe their respective legal positions in the Joint Statement Regarding 7-3 Conference filed on May 18, 2021 (Docket No. #13 ). Accordingly, the Court orders lead counsel to conduct an additional conference in person by May 20, 2021. Within 3 days of the meet and confer, each party shall file a declaration setting forth the issues resolved at the conference and those issues that were not resolved with a detailed explanation of why those issues could not be resolved. If a motion remains necessary, counsel shall not file the motion until 2 days after each party files the declaration required by this Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (droj) TEXT ONLY ENTRY |
| Filing 14 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Olive Reed. Motion set for hearing on 6/21/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum Plaintiffs' Motion for Remand of the Case to State Court and Memorandum of Law in Support Thereof, #2 Proposed Order Proposed Order Granting Plaintiffs' Motion to Remand) (Attorney Mark D Potter added to party Olive Reed(pty:pla)) (Potter, Mark) |
| Filing 13 STATEMENT Regarding 7-3 Conference filed by Plaintiff Olive Reed (Potter, Mark) |
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Filing 12
MINUTES (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for June 14, 2021 at 1:15p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. LeadTrial 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 Rule26-1 in a timely fashion and to file a Joint Report, on or before June 1, 2021. (iv)
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Filing 11
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)
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| Filing 10 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 |
| Filing 9 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Jean P. Rosenbluth to Judge John F. Walter for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Alicia G. Rosenberg. The case number will now reflect the initials of the transferee Judges 2:21-cv-03702-JFW-AGRx. (aco) |
| Filing 8 STATEMENT of Non-Consent to Proceed Before a United States Magistrate Judge filed by Defendant Sunbridge Hallmark Health Services, LLC dba Playa Del Rey Center re: Notice to Counsel (CV-20a) Magistrate Judge Direct Assignment Program - optional html form #5 . (Canavan, Ryan) |
| Filing 7 STIPULATION Extending Time to Answer the complaint as to Sunbridge Hallmark Health Services, LLC answer now due 6/4/2021, re Complaint - (Discovery) filed by Defendant Sunbridge Hallmark Health Services, LLC.(Canavan, Ryan) |
| Filing 5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Jean P. Rosenbluth. (Attachments: #1 CV11C) (jtil) |
| CONFORMED COMPLAINT filed by Plaintiff Lawrence Reed, Olive Reed in Los Angeles Superior Court on 4/30/2021, attached as Exhibit A. (jtil) |
| Filing 4 REQUEST FOR JUDICIAL NOTICE in Support of Defendant's Notice of Removal filed by Defendant Sunbridge Hallmark Health Services, LLC dba Playa Del Rey Center. (Attachments: #1 Exhibit A- Compaint, #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, #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, #32 Exhibit FF- Designation of Scarce Materials by HHS, #33 Exhibit GG- 3.13.20 - COVID Preparedness Survey - No Deficiencies Issued, #34 Exhibit HH- 4.14.20 - COVID Focused Infection Control Survey, #35 Exhibit II- 6.3.20 - COVID Inection Control Survey - No Deficiencies)(Canavan, Ryan) |
| Filing 3 Certification and NOTICE of Interested Parties filed by Defendant Sunbridge Hallmark Health Services, LLC dba Playa Del Rey Center, (Canavan, Ryan) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Sunbridge Hallmark Health Services, LLC dba Playa Del Rey Center. (Canavan, Ryan) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County, case number 21STCV03660 Receipt No: ACACDC-31216849 - Fee: $402, filed by Defendant Sunbridge Hallmark Health Services, LLC dba Playa Del Rey Center. (Attorney Ryan G. Canavan added to party Sunbridge Hallmark Health Services, LLC dba Playa Del Rey Center(pty:dft))(Canavan, Ryan) |
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