Randall Garcia et al v. Hacienda C.H., Inc.
| Randall Garcia |
| Hacienda C.H., Inc. doing business as Broadway by the Sea, Broadway by the Sea and DOES 1 through 50 |
| 2:2021cv06892 |
| August 26, 2021 |
| US District Court for the Central District of California |
| Alexander F MacKinnon |
| Otis D Wright |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 10, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 20
ORDER DENYING DEFENDANT HACIENDA C.H., INC. dba BROADWAY BY THE SEA'S REQUEST FOR AUTOMATIC 30- DAY STAY OF ENFORCEMENT OF COURT'S SEPTEMBER 20, 2021 ORDER TO REMAND #19 by Judge Otis D. Wright, II. (lc)
|
| Filing 19 REQUEST to Stay Minutes of In Chambers Order/Directive - no proceeding held,,,, Terminate Deadlines and Hearings,,,, Terminated Case,,,, Set/Clear Flags,,, #17 filed by defendant Broadway by the Sea. (Attachments: #1 Proposed Order for Automatic 30 Day Stay of Enforcement of Court's Remand Order) (Cruz, Kim) |
| Filing 18 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. 21STCV2689. (lc) |
|
Filing 17
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On August 26, 2021, Defendant removed this action based on alleged federal officer andfederal question jurisdiction. On September 3, 2021, the Court ordered Defendant to show cause why this action should not be remanded for lack of subject matter jurisdiction. Upon careful consideration of Defendants Response to the Court's OSC #15 , 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, Stanley Mosk Courthouse, 111 N. Hill Street, Los Angeles, California 90012, Case Number 21STCV26894. All dates and deadlines are vacated. The Clerk of the Court shall close this case. (Made JS-6. Case Terminated.) (lc)
|
| Filing 16 REQUEST FOR JUDICIAL NOTICE In Support of Response to OSC Re: Why Case Should Not be Remanded filed by Defendant Broadway by the Sea. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-PREP Act Declaration, #3 Exhibit C-Amended Declaration Invoking PREP Act, #4 Exhibit D-Second Amended Declaration Invoking PREP Act, #5 Exhibit E-4th Amended HHS Declaration, #6 Exhibit F-HHS Letter PREP Act 8.14.2020, #7 Exhibit G-HHS Advisory Opinion 10.22.2020, #8 Exhibit H-PREP Act Advisory Op by HHS 4.17.2020, #9 Exhibit I-PREP Act Covered Devices and Tests, #10 Exhibit J-CDC Jan 8. 2020, #11 Exhibit K-CDC 1.17.2020, #12 Exhibit L-CDC 1.24.2020, #13 Exhibit M-CDC 2.1.2020 Updated Guidance, #14 Exhibit N-CDPH AFLS 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 1 or 3 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-3.21.2020 CDC PREP for Covid 19, #28 Exhibit BB-4.2.2020 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-Notice of Removal, #32 Exhibit FF-Designation of Scarce Materials by HHS, #33 Exhibit GG-Rachal v. Natchitoches Nursing & Rehab, #34 Exhibit HH-Umbrella EUA for surgical masks not cleared by FDA, #35 Exhibit II-Hand Sanitizer Revised Final Guidance, #36 Exhibit JJ-Surveys March 13, and March 30, 2020, #37 Exhibit KK-4.13.20 CDPH AFL 20-39, #38 Exhibit LL-HHS Dec of PH Emergency, #39 Exhibit MM-Newsom Declaration 3.4.20, #40 Exhibit NN-Trump Declaration of Emergency)(Cruz, Kim) |
| Filing 15 MEMORANDUM in Opposition to Courts Order to Show Cause Why Action Should Not be Remanded filed by Defendant Broadway by the Sea. (Attachments: #1 Declaration of Kim S. Cruz)(Cruz, Kim) |
|
Filing 14
ORDER by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: NOTICE OF MOTION AND MOTION to Stay Case pending Appeal of Nearly Identical Lawsuits #11 , for the following reasons: Failure to comply with Local Rule 7- 3. (lc)
|
|
Filing 13
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff asserts only state law causes of action. Nonetheless, Defendant removed the matter to this Court, asserting subject-matter jurisdiction based on the federal officer removal statute, 28 U.S.C. 1442(a), and federal question jurisdiction, 28 U.S.C. 1331. These purported bases for subject-matter jurisdiction fall short. Defendant fails to establish the Courts subject-matter jurisdiction over this case. Accordingly, the Court ORDERS Defendant TO SHOW CAUSE in writing only, why this action should not be remanded for lack of subject-matter jurisdiction notwithstanding the above. Defendant shall respond to this OSC no later than September 17, 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) Modified on 9/3/2021 (lc).
|
| Filing 12 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Stay Case pending Appeal of Nearly Identical Lawsuits #11 filed by Defendant Broadway by the Sea. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-Certification and Notice of Interested Parties, #3 Exhibit C-Notice & Acknowledgment of Receipt)(Wilson, William) |
| Filing 11 (STRICKEN PER 9/7/2021 ORDER DOCKET NO. 14). NOTICE OF MOTION AND MOTION to Stay Case pending Appeal of Nearly Identical Lawsuits filed by defendant Broadway by the Sea. Motion set for hearing on 10/4/2021 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Colin M. Harrison) (Wilson, William) Modified on 9/7/2021 (lc). |
| Filing 10 STIPULATION Extending Time to Answer the complaint as to Broadway by the Sea answer now due 9/30/2021, re Complaint - (Discovery) filed by Defendant Broadway by the Sea. (Attachments: #1 Proposed Order)(Attorney Ryan G. Canavan added to party Broadway by the Sea(pty:dft))(Canavan, Ryan) |
|
Filing 9
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 Court's 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)
|
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Alexander F. MacKinnon. (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Randall Garcia in Los Angeles Superior Court on 7/21/2021, attached as Exhibit A. (jtil) |
| Filing 4 Notice and CERTIFICATE of Interested Parties filed by Defendant Hacienda C.H., Inc., (Cruz, Kim) |
| Filing 3 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF NOTICE OF REMOVAL filed by Defendant Hacienda C.H., Inc.. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-PREP Act Declaration, #3 Exhibit C-Amended Declaration Invoking PREP Act, #4 Exhibit D-Second Amended Declaration Invoking PREP Act, #5 Exhibit E-4th Amended HHS Declaration, #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 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 1, 2020 Updated Guidance, #14 Exhibit N-CDPH AFLs Jan & Feb 2020, #15 Exhibit O-CMS Feb 6, 2020 Memo, #16 Exhibit P-CDC Feb 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-5th Amended Dec Invoking PREP Act, #30 Exhibit DD-HHS Advisory Opinion 21-01 Jan 8, 2021, #31 Exhibit FF-Designation of Scarce Materials by HHS, #32 Exhibit GG-Rachel v. Natchitoches, #33 Exhibit HH-Umbrella EUA for surgical masks, #34 Exhibit II-Hand Sanitizer revised final guidance, #35 Exhibit JJ-Surveys March 13, and March 30, 2020, #36 Exhibit KK-AFL 20-39)(Cruz, Kim) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Hacienda C.H., Inc.. (Cruz, Kim) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 21STCV26894 Receipt No: ACACDC-31880362 - Fee: $402, filed by defendant Hacienda C.H., Inc.. (Attorney Kim Suzanne Cruz added to party Hacienda C.H., Inc.(pty:dft))(Cruz, Kim) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
