Jasmin Venegas et al v. Eisenhower Healthcare, LLC et al
| Jasmin Venegas |
| Eisenhower Healthcare, LLC doing business as dba Pasadena Grove Health Center also known as aka Pasadena Grove Health Care, aka Pasadena Grove Health Care, Eisenhower Healthcare, LLC and Does 1-10 |
| 2:2022cv00105 |
| January 6, 2022 |
| US District Court for the Central District of California |
| Alicia G Rosenberg |
| John F Walter |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1331 |
| Both |
Docket Report
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| Filing 25 Text Entry Order STRIKING MOTION to Remand #24 . Hearing date does not comply with the Court's Standing Order. This may not be the only defect. Counsel shall read the Court's Standing Order and Scheduling and Case Management Orders before refiling.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 24 *Stricken* NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Jasmin Venegas. Motion set for hearing on 7/11/2022 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration Plaintiff's Declaration of Dawn Smith, #2 Proposed Order, #3 Exhibit Filed Complaint, #4 Exhibit Advisory Opinion, #5 Exhibit FDA Report, #6 Exhibit FDA Report, #7 Exhibit Case Law) (Smith, Dawn) Modified on 5/13/2022 (sr). |
| Filing 23 Text Entry Order: Defendant Eisenhower Healthcare, LLC, d/b/a Pasadena Grove Health Center, f/k/a Eisenhower Healthcare Centers Motion to Dismiss (FRCP 12(b)(6)) and Motion to Strike (FRCP 12(f)), filed on February 17, 2022 (Docket No. #20 ), is STRICKEN for failure to comply with paragraph 5(b) of the Court's Standing Order, which requires the Joint Statement to be filed 3 days after the Local Rule 7-3 conference. The Joint Rule 7-3 Conference Statement Submitted Prior to the Filing of Defendant Eisenhower Healthcare LLC, d/b/a Pasadena Grove Health Care, f/k/a Eisenhower Healthcare Centers Motion to Dismiss and Motion to Strike and Plaintiffs Motion to Remand, filed February 17, 2022 (Docket No. #19 ), was filed late and on the same date as the Motion to Dismiss and Motion to Strike, and, as a result, does not comply with the Courts Standing Order. By not timely filing the Joint Rule 7-3 Report, the parties prevented the Court from reviewing and responding to the issues raised in the parties Local Rule 7-3 Conference. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 22 NOTICE OF ERRATA filed by Defendant Eisenhower Healthcare, LLC. correcting Request for Judicial Notice,,,,,,,, #21 (Attachments: #1 Exhibit A-Corrected RFJN)(Schlueck, Krista) |
| Filing 21 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case (FRCP 12(b)(6) & Motion to Strike (FRCP 12(f)) #20 filed by Defendant Eisenhower Healthcare, LLC. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-HHS Dec of Public Health Emergency, #3 Exhibit C-Newsom Declaration 3.4.20, #4 Exhibit E-Trump Declaration of Emergency, #5 Exhibit F-1.27.21 EO-N-2-21, #6 Exhibit G-Surveys, #7 Exhibit I-PREP Act Declaration, #8 Exhibit J-Amended PREP Act Declaration, #9 Exhibit K-2nd Amended PREP Declaration, #10 Exhibit L-CDC Jan 8, 2020, #11 Exhibit M-CDC Jan 17, 2020, #12 Exhibit N-CDC Jan 24, 2020, #13 Exhibit O-CDC Feb 1, 2020 Update Guidance, #14 Exhibit P-CDPH AFLS Jan & Feb 2020, #15 Exhibit Q-CDM Feb 6, 2020 Memo, #16 Exhibit R-CDC Feb 28, 2020 Updated Interim Guidance, #17 Exhibit S-March 1 or 3 2020 CDC Strategies, #18 Exhibit T-CDPH AFL March 3, 2020, #19 Exhibit U-CMS March 4, 2020 Memo, #20 Exhibit V-CDC March 8, 2020 Updated Guidance, #21 Exhibit W-CDC March 10, 2020, #22 Exhibit X-CMS March 10, 2020 Memo, #23 Exhibit Y-CDPH AFL 20-22 March 11, 2020, #24 Exhibit Z-CMS March 13, 2020 Memo, #25 Exhibit AA-March 17, 2020 CDC Memos, #26 Exhibit BB-QSO 20-20, #27 Exhibit C-March 21, 2020 CDC PREP for Covid 19, #28 Exhibit DD-Arpil 2, 2020 CMS Covid 19 LTCF Guidance, #29 Exhibit EE-4.17.20 OCG AO, #30 Exhibit FF-List Countermeasures, #31 Exhibit GG-10.22.20 HHS AO, #32 Exhibit HH-OGC AO 1.8.2021, #33 Exhibit II-4th Amended PREP Dec, #34 Exhibit JJ-5th Amended PREP Dec, #35 Exhibit KK-8.14.20 HHS Letter, #36 Exhibit LL-March 30, 2020 AFL, #37 Exhibit OO-April 6, 2020 CDC, #38 Exhibit PP-4.13.20 CDPH AFL 20-39, #39 Exhibit QQ-Designation of Scarce Materials, #40 Exhibit RR-Rachal v. Nachitoches, #41 Exhibit VV-Umbrella EUA for surgidal masks, #42 Exhibit WW-Hand Sanitizer Revised final guidance, #43 Exhibit H-Notice of Removal)(Schlueck, Krista) |
| Filing 20 *Stricken* NOTICE OF MOTION AND MOTION to Dismiss Case (FRCP 12(b)(6) & Motion to Strike (FRCP 12(f)) filed by defendant Eisenhower Healthcare, LLC. Motion set for hearing on 3/28/2022 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order, #2 Declaration of Krista M. Schlueck, #3 Exhibit MM to Declaration of Krista M. Schlueck) (Schlueck, Krista) Modified on 2/22/2022 (sr). |
| Filing 19 STATEMENT Joint Rule 7-3 Conference filed by Defendant Eisenhower Healthcare, LLC (Schlueck, Krista) |
| Filing 18 Text Entry Order: Defendant Eisenhower Healthcare, LLC,,d/b/a Pasadena Grove Health Center, f/k/a Eisenhower Healthcare Centers Motion to Dismiss (FRCP 12(b)(6)) and Motion to Strike (FRCP 12(f)), filed on February 11, 2022 (Docket No. #16 ), is STRICKEN for failure to comply with paragraph 5(b) of the Court's Standing Order, which requires the Joint Statement to be filed 3 days after the Local Rule 7-3 conference. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 17 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case (FRCP12(b)(6) and Motion to Strike (FRCP 12(f)) #16 filed by Defendant Eisenhower Healthcare, LLC. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-HHS Dec of Public Health Emergency, #3 Exhibit C-Newsom Declaration 3.4.2020, #4 Exhibit E-Trump Declaration of Emergency 3.13.2020, #5 Exhibit F-1.27.21 Executive Order N-02-21, #6 Exhibit G-Surveys, #7 Exhibit H-Notice of Removal, #8 Exhibit I-PREP Act Declaration, #9 Exhibit J-Amended PREP Act Declaration, #10 Exhibit K-2nd Amended PREP Act Declaration, #11 Exhibit L-CDC Jan 8, 2020, #12 Exhibit M-CDC Jan 17, 2020, #13 Exhibit N-CDC Jan 24, 2020, #14 Exhibit O-CDC Feb 1, 2020 Updated Guidance, #15 Exhibit P-CDPH AFLs Jan & Feb 2020, #16 Exhibit Q-CMS Feb 6, 2020 Memo, #17 Exhibit R-CDC Feb 28, 2020 Updated Interim Guidance, #18 Exhibit S-March 1 or 3 2020 CDC Strategies, #19 Exhibit T-CDPH AFL March 3, 2020, #20 Exhibit U-CMS March 4, 2020 Memo, #21 Exhibit V-CDC March 8, 2020 Updated Guidance, #22 Exhibit W-CDC March 10, 2020, #23 Exhibit X-CMS March 10, 2020 Memo, #24 Exhibit Y-CDPH AFL 20-22 March 11, 2020, #25 Exhibit Z-CMS March 13, 2020 Memo, #26 Exhibit AA-March 17, 2020 CDC Memos, #27 Exhibit BB-QSO 20-20, #28 Exhibit CC-March 21, 2020 CDC PREP for Covid 19, #29 Exhibit DD-April 2, 2020 CMS Covid 19 LTCF Guidance, #30 Exhibit EE-4.17.2020 OCG AO, #31 Exhibit FF-List Countermeasures, #32 Exhibit GG-10.22.20 HHS AO, #33 Exhibit HH-OGC AO 1.8.2021, #34 Exhibit II-4th Amended HHS Declaration, #35 Exhibit JJ-5th Amended HHS Declaration, #36 Exhibit KK-2nd Amended PREP Declaration, #37 Exhibit LL-March 30, 2020 AFL, #38 Exhibit OO-April 6, 2020 CDC, #39 Exhibit PP-4.13.20 CDPH AFL 20-39, #40 Exhibit QQ-Designation of Scarce Materials, #41 Exhibit RR-Rachal v. Natchitoches, #42 Exhibit VV-Umbrella EUA for surgical masks, #43 Exhibit WW-Hand Sanitizer Revised Final Guidance)(Schlueck, Krista) |
| Filing 16 *Stricken* NOTICE OF MOTION AND MOTION to Dismiss Case (FRCP12(b)(6) and Motion to Strike (FRCP 12(f)) filed by defendant Eisenhower Healthcare, LLC. Motion set for hearing on 3/28/2022 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order, #2 Declaration of Krista M. Schlueck ISO Motion to Dismiss, #3 Exhibit MM to Declaration of Krista M. Schlueck) (Schlueck, Krista) Modified on 2/15/2022 (sr). |
Filing 15
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 11/4/2022 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 11/18/2022 at 8:00 AM. Jury Trial set for 12/6/2022 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 14
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 February 7, 2022 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: June 6, 2022. The Joint Report re: Results of Settlement Conference due on: June 10, 2022. (iv)
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| Filing 13 DECLARATION of Krista M. Schlueck Regarding Rule 7-3 Conference for Defendant's Motion to Dismiss filed by Defendant Eisenhower Healthcare, LLC. (Schlueck, Krista) |
| Filing 12 Joint REPORT of Rule 26(f) filed by Defendant Eisenhower Healthcare, LLC. (Schlueck, Krista) |
| Filing 11 STIPULATION Extending Time to Answer the complaint as to Eisenhower Healthcare, LLC answer now due 2/11/2022, re Complaint - (Discovery) filed by defendant Eisenhower Healthcare, LLC.(Schlueck, Krista) |
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Filing 10
MINUTES (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for February 7, 2022 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial 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 Rule 26-1 in a timely fashion and to file a Joint Report, on or before January 24, 2022. (iv)
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Filing 9
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 8 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 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Alicia G. Rosenberg. (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Does 1-50, Eisenhower Healthcare, LLC. Jury Demanded, filed by Plaintiff Jasmin Venegas. Filed in State Court on 9/30/2020 Submitted with Exhibit A to Notice of Removal #1 (car) |
| Filing 4 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant Eisenhower Healthcare, LLC, (Schlueck, Krista) |
| Filing 3 REQUEST FOR JUDICIAL NOTICE ISO NOTICE OF REMOVAL filed by Defendant Eisenhower Healthcare, LLC. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-PREP Act Declaration, #3 Exhibit C-Amended Dec Invoking PREP Act, #4 Exhibit D-Second Amended Dec 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 10-22-20, #8 Exhibit H-PEP Act Advisory Opinion 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 Jan & Feb 2020, #15 Exhibit O-CMS February 6, 2020 Memo, #16 Exhibit P-CDC February 28, 2020 Updated Interim Guidance, #17 Exhibit Q-March 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 Declaration 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-Rachal v. Natchitoches Nursing & Rehab, #33 Exhibit HH-Umbrella EUA for surgical masks not cleared by FDA, #34 Exhibit II-Hand Sanitizer Revised Final Guidance, #35 Exhibit JJ-Surveys, #36 Exhibit KK-AFL 20-39)(Schlueck, Krista) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Eisenhower Healthcare, LLC. (Schlueck, Krista) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior, case number 20STCV37460 Receipt No: ACACDC-32576681 - Fee: $402, filed by defendant Eisenhower Healthcare, LLC. (Attachments: #1 Complaint) (Attorney Krista Schlueck added to party Eisenhower Healthcare, LLC(pty:dft))(Schlueck, Krista) |
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