Randall Garcia et al v. Hacienda C.H., Inc.
Plaintiff: Randall Garcia
Defendant: Hacienda C.H., Inc. doing business as Broadway by the Sea, Broadway by the Sea and DOES 1 through 50
Case Number: 2:2021cv06892
Filed: August 26, 2021
Court: US District Court for the Central District of California
Presiding Judge: Alexander F MacKinnon
Referring Judge: Otis D Wright
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 December 10, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 24, 2021 Opinion or Order 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)
September 21, 2021 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)
September 20, 2021 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)
September 20, 2021 Opinion or Order 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)
September 17, 2021 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)
September 17, 2021 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)
September 7, 2021 Opinion or Order 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)
September 3, 2021 Opinion or Order 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).
September 3, 2021 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)
September 3, 2021 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).
August 31, 2021 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)
August 30, 2021 Opinion or Order 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)
August 27, 2021 Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil)
August 27, 2021 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil)
August 27, 2021 Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Alexander F. MacKinnon. (jtil)
August 26, 2021 CONFORMED COPY OF COMPLAINT filed by Plaintiff Randall Garcia in Los Angeles Superior Court on 7/21/2021, attached as Exhibit A. (jtil)
August 26, 2021 Filing 4 Notice and CERTIFICATE of Interested Parties filed by Defendant Hacienda C.H., Inc., (Cruz, Kim)
August 26, 2021 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)
August 26, 2021 Filing 2 CIVIL COVER SHEET filed by Defendant Hacienda C.H., Inc.. (Cruz, Kim)
August 26, 2021 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 this case: Randall Garcia et al v. Hacienda C.H., Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Randall Garcia
Represented By: Mark Allen Thiel
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Hacienda C.H., Inc. doing business as Broadway by the Sea
Represented By: Kim Suzanne Cruz
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Broadway by the Sea
Represented By: William C Wilson
Represented By: Kim Suzanne Cruz
Represented By: Ryan G. Canavan
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: DOES 1 through 50
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.


Why Is My Information Online?