Patrice Lavern Alexander et al v. Bio-Pacific, LLC et al
| Patrice Lavern Alexander and Emma Vermug Martinez |
| BIO-PACIFIC, LLC d/b/a MARINER HEALTH CARE, FRUITVALE OPERATING COMPANY, LP d/b/a FRUIT VALE HEALTHCARE CENTER, REHABILITATION CENTER OF SANTA MONICA OPERATING COMPANY, LP d/b/a THE REHABILITATION CENTER OF SANTA MONICA, DOES 1 through 50, inclusive, Bio-Pacific, LLC doing business as Mariner Health Care, a Delaware limited liability company, Fruitvale Opeating Company, LP doing business as Fruitvale Healthcare Center, a Delaware limited partnership and Rehabilitation Center of Santa Monica Operating Company, LP doing business as The Rehabilitation Center of Santa Monica, a Delaware Limited Partnership |
| 2:2023cv00139 |
| January 9, 2023 |
| US District Court for the Central District of California |
| Patricia Donahue |
| Sherilyn Peace Garnett |
| Labor: Labor/Mgt. Relations |
| 28 U.S.C. § 1441 Notice of Removal - Labor/Mgmnt. Relations |
| Both |
Docket Report
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This docket was last retrieved on December 28, 2023. A more recent docket listing may be available from PACER.
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Filing 39
CIVIL PRETRIAL SCHEDULE AND TRIAL ORDER by Judge Sherilyn Peace Garnett. Final Pretrial Conference set for 4/10/2024 at 3:00 PM. Jury Trial set for 4/30/2024 at 8:30 AM. SEE ORDER FOR DETAILS. (Attachments: #1 Schedule of Pretrial and Trial Dates Worksheet) (iv)
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Filing 38
STANDING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT by Judge Sherilyn Peace Garnett. READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (iv)
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Filing 37
ORDER/REFERRAL to ADR Procedure No 3 by Judge Sherilyn Peace Garnett. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 3/12/2024. (iv)
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Filing 36
JOINT REPORT Rule 26(f) Discovery Plan WORKSHEET ; estimated length of trial Plaintiff estimates 6-10 days; Defendant contends a trial of any representative action would take more than 60 days, filed by Plaintiff Patrice Lavern Alexander.. (Draper, Anthony)
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Filing 35
SCHEDULING NOTICE AND NOTICE OF DEFICIENCY by Judge Sherilyn Peace Garnett. The Joint Rule 26(f) Report filed at ECF No. #34 fails to include a joint proposed schedule worksheet as required by the Courts standing order. The parties must file the worksheet by March 24, 2023. The Scheduling Conference set for May 24, 2023, is vacated and taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 34
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial -Plaintiff estimates 6-10 days; Defendant contends a trial of any representative action would take more than 60 days, filed by Plaintiff Patrice Lavern Alexander.. (Draper, Anthony)
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Filing 33
ORDER GRANTING JOINT STIPULATION TO: (1) DISMISS CLAIMS ASSERTED AGAINST DEFENDANT FRUITVALE OPERATING COMPANY, LP; (2) DISMISS DEFENDANT FRUITVALE OPERATING COMPANY, LP; AND (3) DISMISS PLAINTIFF EMMA VERMUG MARTINEZ #28 by Judge Sherilyn Peace Garnett. The Court, having considered the Joint Stipulation and finding good cause therefor, hereby GRANTS the Joint Stipulation and ORDERS as follows: 1. All claims asserted by Emma Vermug Martinez in the operative First Amended Complaint are dismissed without prejudice; 2. All claims asserted in the operative First Amended Complaint against Defendant Fruitvale Operating Company, LP are dismissed without prejudice; 3. Defendant Fruitvale Operating Company, LP is dismissed from this action, without prejudice; 4. Plaintiff Emma Vermug Martinez is dismissed as a party to this action, without prejudice; 5. All parties shall bear their own costs associated with the foregoing dismissals. (lom)
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Filing 32
SCHEDULING NOTICE AND ORDER by Judge Sherilyn Peace Garnett. On the Courts own motion, the Scheduling Conference set for hearing April 19, 2023 is CONTINUED to May 24, 2023 at 3:00 p.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 31
ORDER GRANTING JOINT STIPULATION TO: (1) SUBMIT INDIVIDUAL CLAIMS OF PLAINTIFF ALEXANDER TO ARBITRATION; (2) DISMISS CLASS CLAIMS AGAINST DEFENDANT BIO-PACIFIC, LLC; AND (3) DISMISS DEFENDANT REHABILITATION CENTER OF SANTA MONICA OPERATING CO., LP #24 by Judge Sherilyn Peace Garnett. The Court GRANTS the Joint Stipulation and ORDERS as follows: 1. The individual claims asserted by Plaintiff Patrice Lavern Alexander are to be submitted to arbitration in accordance with the parties' arbitration agreement; 2. The class claims asserted against Defendant Bio-Pacific, LLC are hereby dismissed, without prejudice; 3. The class claims asserted against Defendant Rehabilitation Center of Santa Monica Operating Co. are hereby dismissed, without prejudice; and 4. All parties shall bear their own costs associated with the foregoing dismissals. (lom)
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Filing 30
Joint STIPULATION to Clarify THE COURTS APRIL 11, 2023 (IN CHAMBERS) ORDER [ECF NO. 29], Re: Text Only Scheduling Notice,,, 29 , filed by PLAINTIFF Patrice Lavern Alexander.(Draper, Anthony)
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Filing 29
(IN CHAMBERS) ORDER by Judge Sherilyn Peace Garnett. The Court is in receipt of the parties stipulation and the accompanying proposed order. (ECF No. 24). The Court is inclined to grant the proposed order. However, given that the parties are able to file a new case with notice of related case if a dispute regarding Plaintiff Alexanders claims that are being submitted to arbitration were to arise in the future, the Court is not inclined to retain jurisdiction pending arbitration, as set forth in the proposed order. If the parties no longer wish to go forward with the dismissal order without the retention language, the parties should so inform the Court by stipulation filed no later than 12:00 p.m. on April 13, 2023. Otherwise, the Court will sign a proposed order with the retention language omitted. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 28
Joint STIPULATION to Dismiss DEFENDANT Fruitvale Opeating Company, LP filed by PLAINTIFF Patrice Lavern Alexander. (Attachments: #1 [PROPOSED] ORDER GRANTING JOINT STIPULATION TO: (1) DISMISS CLAIMS ASSERTED AGAINST DEFENDANT FRUITVALE OPERATING COMPANY, LP; (2) DISMISS DEFENDANT FRUITVALE OPERATING COMPANY, LP; AND (3) DISMISS PLAINTIFF EMMA VERMUG MARTINEZ)(Draper, Anthony)
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Filing 27
Notice of Withdrawal of Report #26 filed by PLAINTIFF Patrice Lavern Alexander. (Draper, Anthony)
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Filing 26
WITHDRAWN, see docket entry no. 27 - JOINT RULE 26(f) REPORT REPORT filed by Plaintiff Patrice Lavern Alexander. (Draper, Anthony) Modified on 4/11/2023 (lom).
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Filing 25
JOINT REPORT Rule 26(f) Discovery Plan Joint Rule 26(f) Report ; estimated length of trial Plaintiffs believe it is premature to estimate length of trial. Defendants contend trial would take more than 60 days., filed by Plaintiff Patrice Lavern Alexander.. (Draper, Anthony)
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Filing 24
Joint STIPULATION for Order (1) SUBMIT INDIVIDUAL CLAIMS OF PLAINTIFF ALEXANDER TO ARBITRATION; (2) STAY INDIVIDUAL CLAIMS OF PLAINTIFF ALEXANDER PENDING ARBITRATION; (3) DISMISS CLASS CLAIMS AGAINST DEFENDANT BIOPACIFIC, LLC; AND (4) DISMISS DEFENDANT REHABILITATION CENTER OF SANTA MONICA OPERATING CO., LP filed by Defendants Bio-Pacific, LLC, Fruitvale Opeating Company, LP, Rehabilitation Center of Santa Monica Operating Company, LP. (Attachments: #1 Proposed Order)(Pelliconi, Bethany)
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Filing 23
ORDER DENYING PLAINTIFFS' MOTION TO REMAND #15 by Judge Sherilyn Peace Garnett. *See order for ruling.* (vdr)
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Filing 22
(IN CHAMBERS) ORDER TAKING THE MOTION(s) (DKT.NO. #15 ) UNDER SUBMISSION by Judge Sherilyn Peace Garnett: The Court has considered the matter raised with respect to Plaintiffs Motion to Remand Case to State Court, the matter can be decided without oral argument. The Motion noticed for hearing on March 22, 2023, has been taken under submission and off calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 21
REPLY In Support of NOTICE OF MOTION AND MOTION to Remand Case to LOS ANGELES SUPERIOR COURT #15 filed by Plaintiff Patrice Lavern Alexander. (Draper, Anthony)
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Filing 20
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to LOS ANGELES SUPERIOR COURT #15 filed by Defendants Bio-Pacific, LLC, Fruitvale Opeating Company, LP, Rehabilitation Center of Santa Monica Operating Company, LP. (Pelliconi, Bethany)
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Filing 19
(IN CHAMBERS) ORDER by Judge Sherilyn Peace Garnett: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties. As represented by the Joint Rule Report and the parties request to continue the Scheduling Conference by sixty (60) days. The Court continues the Scheduling Conference to April 19, 2023, at 3:00 p.m. The Court VACATES the March 1, 2023, hearing date. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 18
NOTICE OF LODGING filed NOTICE OF LODGING PROPOSED ORDER FOR PLAINTIFFS MOTION FOR REMAND re NOTICE OF MOTION AND MOTION to Remand Case to LOS ANGELES SUPERIOR COURT #15 (Draper, Anthony)
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Filing 17
NOTICE TO FILER RE DEFICIENCY by Sherilyn Peace Garnett. Pursuant to the filing of the Plaintiffs Motion to Remand Case to State Court, Dkt. No. #15 . A proposed order was to be e-filed as a separate attachment to any document seeking Court approval in compliance to L. R. 52-4.1. Counsel shall comply by filing a Notice of Lodging of the Proposed Order. In addition, a WordPerfect or Microsoft Word copy of the proposed document along with a PDF copy of the electronically filed main document shall be emailed to Judge Garnetts generic chambers email address in compliance with L.R. 5-4.4.2. Counsel shall comply by February 21, 2023 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY
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Filing 16
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial Plaintiffs believes it is premature to estimate length of trial. Defendadnts contend that a trial would take more than 60 days., filed by Plaintiff Patrice Lavern Alexander.. (Hawkins, James)
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Filing 15
NOTICE OF MOTION AND MOTION to Remand Case to LOS ANGELES SUPERIOR COURT filed by PLAINTIFF Patrice Lavern Alexander. Motion set for hearing on 3/22/2023 at 01:30 PM before Judge Sherilyn Peace Garnett. (Attachments: #1 PLAINTIFFS PATRICE LAVERN ALEXANDERS AND EMMA VERMUG MARTINEZS MEMORANDUM IN SUPPORT OF MOTION FOR REMAND, #2 [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION FOR REMAND [ECF NO. #15]) (Draper, Anthony)
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Filing 14
ANSWER to Complaint - (Discovery), Amended Complaint, FIRST AMENDED ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT filed by Defendants Bio-Pacific, LLC, Fruitvale Opeating Company, LP, Rehabilitation Center of Santa Monica Operating Company, LP.(Pelliconi, Bethany)
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Filing 13
ORDER SETTING SCHEDULING CONFERENCE by Judge Sherilyn Peace Garnett. Rule 26 Meeting Report due by 2/15/2023. Scheduling Conference set for 3/1/2023 at 03:00 PM before Judge Sherilyn Peace Garnett. (pg)
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Filing 12
ANSWER to Complaint - (Discovery), Amended Complaint, filed by Defendants Bio-Pacific, LLC, Fruitvale Opeating Company, LP, Rehabilitation Center of Santa Monica Operating Company, LP.(Pelliconi, Bethany)
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Filing 11
STANDING ORDER upon filing of the complaint by Judge Sherilyn Peace Garnett. (pg)
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Filing 10
CERTIFICATE OF SERVICE filed by defendants Bio-Pacific, LLC, Fruitvale Opeating Company, LP, Rehabilitation Center of Santa Monica Operating Company, LP, re Certificate/Notice of Interested Parties, #5 , Declaration, #4 , Declaration, #3 , Notice of Removal (Attorney Civil Case Opening),,, #1 , Corporate Disclosure Statement, #6 , Civil Cover Sheet (CV-71), #2 served on January 10, 2023. (Pelliconi, Bethany)
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Filing 9
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh)
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Filing 8
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
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Filing 7
NOTICE OF ASSIGNMENT to District Judge Sherilyn Peace Garnett and Magistrate Judge Patricia Donahue. (lh)
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CONFORMED FILED COPY OF PROOF OF SERVICE SUMMONS Executed by Plaintiff Patrice Lavern Alexander, Emma Vermug Martinez, upon Defendant Fruitvale Opeating Company, LP served on 11/4/2022, answer due 11/25/2022. Service of the Summons and Complaint were executed upon Diana Ruiz, Registered Agent in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 11/10/2022 SUBMITTED ATTACHED TO DECLARATION #3 ) (lh)
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CONFORMED FILED COPY OF PROOF OF SERVICE SUMMONS Executed by Plaintiff Patrice Lavern Alexander, Emma Vermug Martinez, upon Defendant Rehabilitation Center of Santa Monica Operating Company, LP served on 11/4/2022, answer due 11/25/2022. Service of the Summons and Complaint were executed upon Diana Ruiz, Registered Agent in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 11/10/2022 SUBMITTED ATTACHED TO DECLARATION #3 ) (lh)
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COMPLAINT against Defendants Bio-Pacific, LLC, Does, Fruitvale Opeating Company, LP, Rehabilitation Center of Santa Monica Operating Company, LP. Jury Demanded, filed by Plaintiffs Patrice Lavern Alexander, Emma Vermug Martinez. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 9/30/2022 SUBMITTED ATTACHED TO DECLARATION #3 ) (lh)
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NON-CONFORMED FILED COPY OF FIRST AMENDED COMPLAINT against Defendants Bio-Pacific, LLC, Does, Fruitvale Opeating Company, LP, Rehabilitation Center of Santa Monica Operating Company, LP amending Complaint,, filed by Plaintiffs Patrice Lavern Alexander, Emma Vermug Martinez ( SUBMITTED ATTACHED TO DECLARATION #3 ) (lh)
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Filing 6
CORPORATE DISCLOSURE STATEMENT filed by Defendants BIO-PACIFIC, LLC d/b/a MARINER HEALTH CARE, FRUITVALE OPERATING COMPANY, LP d/b/a FRUIT VALE HEALTHCARE CENTER, REHABILITATION CENTER OF SANTA MONICA OPERATING COMPANY, LP d/b/a THE REHABILITATION CENTER OF SANTA MONICA (Pelliconi, Bethany)
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Filing 5
NOTICE of Interested Parties filed by Defendants BIO-PACIFIC, LLC d/b/a MARINER HEALTH CARE, FRUITVALE OPERATING COMPANY, LP d/b/a FRUIT VALE HEALTHCARE CENTER, REHABILITATION CENTER OF SANTA MONICA OPERATING COMPANY, LP d/b/a THE REHABILITATION CENTER OF SANTA MONICA, identifying National Senior Care, Inc.. (Pelliconi, Bethany)
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Filing 4
DECLARATION of Kristy Prince Owen re Notice of Removal (Attorney Civil Case Opening),,, #1 filed by Defendants BIO-PACIFIC, LLC d/b/a MARINER HEALTH CARE, FRUITVALE OPERATING COMPANY, LP d/b/a FRUIT VALE HEALTHCARE CENTER, REHABILITATION CENTER OF SANTA MONICA OPERATING COMPANY, LP d/b/a THE REHABILITATION CENTER OF SANTA MONICA. (Pelliconi, Bethany)
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Filing 3
DECLARATION of Bethany A. Pelliconi re Notice of Removal (Attorney Civil Case Opening),,, #1 filed by Defendants BIO-PACIFIC, LLC d/b/a MARINER HEALTH CARE, FRUITVALE OPERATING COMPANY, LP d/b/a FRUIT VALE HEALTHCARE CENTER, REHABILITATION CENTER OF SANTA MONICA OPERATING COMPANY, LP d/b/a THE REHABILITATION CENTER OF SANTA MONICA. (Pelliconi, Bethany)
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Filing 2
CIVIL COVER SHEET filed by Defendants BIO-PACIFIC, LLC d/b/a MARINER HEALTH CARE, FRUITVALE OPERATING COMPANY, LP d/b/a FRUIT VALE HEALTHCARE CENTER, REHABILITATION CENTER OF SANTA MONICA OPERATING COMPANY, LP d/b/a THE REHABILITATION CENTER OF SANTA MONICA. (Pelliconi, Bethany)
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Filing 1
NOTICE OF REMOVAL from Los Angeles Superior Court, case number 22STCV32149 Receipt No: ACACDC-34588326 - Fee: $402, filed by Defendants FRUITVALE OPERATING COMPANY, LP d/b/a FRUIT VALE HEALTHCARE CENTER, BIO-PACIFIC, LLC d/b/a MARINER HEALTH CARE, REHABILITATION CENTER OF SANTA MONICA OPERATING COMPANY, LP d/b/a THE REHABILITATION CENTER OF SANTA MONICA. (Attorney Bethany A Pelliconi added to party BIO-PACIFIC, LLC d/b/a MARINER HEALTH CARE(pty:dft), Attorney Bethany A Pelliconi added to party FRUITVALE OPERATING COMPANY, LP d/b/a FRUIT VALE HEALTHCARE CENTER(pty:dft), Attorney Bethany A Pelliconi added to party REHABILITATION CENTER OF SANTA MONICA OPERATING COMPANY, LP d/b/a THE REHABILITATION CENTER OF SANTA MONICA(pty:dft))(Pelliconi, Bethany)
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| Search for this case: Patrice Lavern Alexander et al v. Bio-Pacific, LLC et al | |
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| Plaintiff: Patrice Lavern Alexander | |
| Represented By: | Anthony Draper |
| Represented By: | Isandra Y Fernandez |
| Represented By: | James R Hawkins |
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| Plaintiff: Emma Vermug Martinez | |
| Represented By: | Anthony Draper |
| Represented By: | Isandra Y Fernandez |
| Represented By: | James R Hawkins |
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| Defendant: BIO-PACIFIC, LLC d/b/a MARINER HEALTH CARE | |
| Represented By: | Bethany A Pelliconi |
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| Defendant: FRUITVALE OPERATING COMPANY, LP d/b/a FRUIT VALE HEALTHCARE CENTER | |
| Represented By: | Bethany A Pelliconi |
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| Defendant: REHABILITATION CENTER OF SANTA MONICA OPERATING COMPANY, LP d/b/a THE REHABILITATION CENTER OF SANTA MONICA | |
| Represented By: | Bethany A Pelliconi |
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| Defendant: DOES 1 through 50, inclusive | |
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| Defendant: Bio-Pacific, LLC doing business as Mariner Health Care, a Delaware limited liability company | |
| Represented By: | Bethany A Pelliconi |
| Represented By: | Jonathan D Meer |
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| Defendant: Fruitvale Opeating Company, LP doing business as Fruitvale Healthcare Center, a Delaware limited partnership | |
| Represented By: | Bethany A Pelliconi |
| Represented By: | Jonathan D Meer |
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| Defendant: Rehabilitation Center of Santa Monica Operating Company, LP doing business as The Rehabilitation Center of Santa Monica, a Delaware Limited Partnership | |
| Represented By: | Bethany A Pelliconi |
| Represented By: | Jonathan D Meer |
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