Belinda Hedde et al v. The Earlwood, LLC et al
| BELINDA HEDDE, Katherine Mitchell and John Bruce Corall, Jr. |
| The Earlwood, LLC, Spring Senior Assisted Living, LLC, Does 1 through 50 and The Earlwood, LLC doing business as The Earlwood |
| 2:2021cv06954 |
| August 27, 2021 |
| US District Court for the Central District of California |
| Pedro V Castillo |
| Dolly M Gee |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on October 12, 2021. A more recent docket listing may be available from PACER.
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| Filing 31 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 21-56105 assigned to Notice of Appeal to 9th Circuit Court of Appeals #30 as to Defendant Spring Senior Assisted Living, LLC. (gk) |
| Filing 30 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant Spring Senior Assisted Living, LLC. Appeal of Order on Motion to Dismiss Case,,,,,,, #23 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-32132362.) (Brooks, Nicole) |
Filing 29
ORDER FOR AUTOMATIC 30-DAY STAY OF ENFORCEMENT OF COURT'S 9/15/2021 ORDER TO REMAND by Judge Dolly M. Gee: Pursuant to Federal Rule of Civil Procedure 62(a) and Defendant Spring Senior Assisted Living, LLC's ("Defendant") Request for an Automatic 30 Day Stay of Enforcement of the Court's Order of 9/15/2021 #26 , enforcement of the Court's 9/15/2021 Order for Remand of this matter to the Superior Court of California, County of Los Angeles #23 , is hereby STAYED for 30 days. Defendant Spring Senior Assisted Living, LLC shall serve this Order on the state court. (Mailed copies to Los Angeles Superior Court, Case No. 21STCV27408) (gk)
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| Filing 28 Receipt of Copy of Remand Transmittal Letter from Los Angeles Superior Court, Case No. 21STCV27408, acknowledged on 9/21/2021. (gk) |
| Filing 26 First REQUEST to Stay Case pending Enforcement of Court's September 15, 2021 Order to Remand filed by Defendant Spring Senior Assisted Living, LLC. (Attachments: #1 Proposed Order Request for Automatic 30 Day Stay of Enforcement) (Brooks, Nicole) Modified on 9/29/2021 (gk). |
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Filing 27
ORDER by Judge Dolly M. Gee: The following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Court's Case Management Order: Stipulation filed 9/16/2021 #25 , for the following reasons: Case remanded to the Los Angeles County Superior Court on 9/15/2021 (Doc. No. 23). (gk)
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| Filing 25 [DOCUMENT STRICKEN PER ORDER ON 9/16/2021, SEE DOCKET NO. 27] First STIPULATION to Continue Hearing on Motion to Dismiss and Motion to Strike from October 8, 2021 to December 3, 2021 Re: NOTICE OF MOTION AND MOTION to Dismiss Case (FRCP 12(b)(6)) and Motion to Strike (FRCP 12(f)) #14 filed by Belinda Hedde, Katherine Mitchell John Bruce Corall, Jr. Belinda Hedde. (Attachments: #1 Proposed Order Proposed Order to Continue Hearing on Motion to Dismiss and Motion to Strike)(Attorney Thomas M Murphy added to party Belinda Hedde(pty:pla))(Murphy, Thomas) Modified on 9/17/2021 (gk). |
| Filing 24 TRANSMITTAL of documents to Clerk, Los Angeles Superior Court, Stanley Mosk Courthouse. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Clerk, Los Angeles Superior Court, Stanley Mosk Courthouse. (gk) |
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Filing 23
MINUTES OF IN CHAMBERS - ORDER REMANDING ACTION TO LOS ANGELES COUNTY SUPERIOR COURT by Judge Dolly M. Gee: On 8/31/2021, the Court issued an Order to Show Cause why this action should not be remanded to Los Angeles County Superior Court for lack of subject matter jurisdiction ("OSC") #12 . Defendants' request for jurisdictional discovery is DENIED. Defendants have failed to establish any basis for subject matter jurisdiction. The Court therefore REMANDS this action to the Los Angeles County Superior Court, Case No. 21STCV27408, and DENIES without prejudice as moot Defendants' Motions to Dismiss #14 , #15 . The 10/8/2021 and 12/3/2021 hearings on the Motions are VACATED. See document for further details. Court Reporter: Not Reported. (gk)
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| Filing 22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Response #20 . The following error(s) was/were found: Local Rule 11-6 Memorandum/brief exceeds 25 pages. 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. (gk) |
| Filing 21 JOINDER filed by Defendant The Earlwood, LLC joining in Response #20 . (Ginella, Mark) |
| Filing 20 RESPONSE filed by Defendant Spring Senior Assisted Living, LLCto Minutes of In Chambers Order/Directive - no proceeding held,,, Order to Show Cause,, #12 Response Memo Why Action should Not Be Remanded to LASC (Brooks, Nicole) |
| Filing 19 CERTIFICATION & NOTICE of Interested Parties filed by defendant The Earlwood, LLC, (Wilson, William) |
| Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First NOTICE OF MOTION AND MOTION to Dismiss Case #15 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. 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. (gk) |
| Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case (FRCP 12(b)(6)) and Motion to Strike (FRCP 12(f)) #14 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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. (gk) |
| Filing 16 REQUEST FOR JUDICIAL NOTICE re First NOTICE OF MOTION AND MOTION to Dismiss Case #15 filed by Defendant Spring Senior Assisted Living, LLC. (Attachments: #1 Exhibit Exhibits A - M, #2 Exhibit Exhibits N - Z, #3 Exhibit Exhibits AA - GG, #4 Exhibit Exhibits HH- LL, #5 Exhibit Exhibits MM - PP)(Brooks, Nicole) |
| Filing 15 First NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Spring Senior Assisted Living, LLC. Motion set for hearing on 12/3/2021 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration Declaration of Nicole K. Brooks in Support of Motion to Dimiss, #2 Declaration Declaration of Craig Weech in Support of Motion to Dimiss) (Brooks, Nicole) |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Case (FRCP 12(b)(6)) and Motion to Strike (FRCP 12(f)) filed by defendant The Earlwood, LLC. Motion set for hearing on 10/8/2021 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order, #2 Declaration of Mark A. Ginella, #3 Exhibit A to Declaration of Mark A. Ginella, #4 Exhibit B to Declaration of Mark A. Ginella) (Attorney William C Wilson added to party The Earlwood, LLC(pty:dft)) (Wilson, William) |
| Filing 13 JOINDER filed by Defendant The Earlwood, LLC joining in Notice of Removal (Attorney Civil Case Opening), #1 . (Attachments: #1 Exhibit A to Joinder)(Wilson, William) |
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Filing 12
MINUTES OF IN CHAMBERS - ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE REMANDED TO LOS ANGELES COUNTY SUPERIOR COURT by Judge Dolly M. Gee: The Court hereby ORDERS Defendants to SHOW CAUSE why this case should not be remanded to Los Angeles County Superior Court for lack of subject matter jurisdiction. Defendants shall file a response by no later than 9/10/2021. Failure to timely file a satisfactory response by this date will result in the remand of this action to state court. Court Reporter: Not Reported. (gk)
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Filing 11
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 10 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice (Other), #6 . The following error(s) was found: The caption on the document uploaded to the docket entry number referenced above does not match the case information on the docket (e.g., case title, case number, document name, etc.). The Court may 1)order an amended or corrected document to be filed, 2)order the document stricken, or 3)take other action the Court deems appropriate. You may file a Notice of Errata attaching a corrected version of the document, but you are not required to take any action to correct this deficiency unless the Court so directs. (ghap) |
| Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Pedro V. Castillo. (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 50, Inclusive, Spring Senior Assisted Living, LLC, The Earlwood, LLC., filed by plaintiffs Belinda Hedde, John Bruce Corall, Jr., Katherine Mitchell.(FILED IN STATE COURT ON 7/27/2021 SUBMITTED ATTACHED EXHIBIT A TO REQUEST FOR JUDICIAL NOTICE) (ghap) |
| Filing 6 NOTICE and Certificate of Removal to Adverse Parties filed by Defendant Spring Senior Assisted Living, LLC. (Attachments: #1 Attachment to Certificate of Notice to Adverse Parties, #2 Declaration Attachment to Certificate of Notice to Adverse Parties)(Brooks, Nicole) |
| Filing 5 REQUEST FOR JUDICIAL NOTICE filed by Defendant Spring Senior Assisted Living, LLC. (Brooks, Nicole) |
| Filing 4 Certification and NOTICE of Interested Parties filed by Defendant Spring Senior Assisted Living, LLC, (Brooks, Nicole) |
| Filing 3 CIVIL COVER SHEET filed by Defendant Spring Senior Assisted Living, LLC. (Brooks, Nicole) |
| Filing 2 DECLARATION of Nicole K. Brooks re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Spring Senior Assisted Living, LLC. (Brooks, Nicole) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles, case number 21STCV27408 Receipt No: ACACDC-31890346 - Fee: $402, filed by Defendant Spring Senior Assisted Living, LLC. (Attorney Nicole K Brooks added to party Spring Senior Assisted Living, LLC(pty:dft))(Brooks, Nicole) |
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