Turesa Wilcox v. Harbor UCLA Medical Center Guild, Inc. et al
| Turesa Wilcox |
| Harbor UCLA Medical Center Guild, Inc., ATC Healthcare Services LLC and DOES 1 through 100, inclusive |
| 2:2023cv02802 |
| April 14, 2023 |
| US District Court for the Central District of California |
| Jacqueline Chooljian |
| Mark C Scarsi |
| Labor: Other |
| 28 U.S.C. § 1442 Notice of Removal |
| Both |
Docket Report
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| Filing 29 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE: Plaintiff TuresaWilcox's MOTION TO REMAND #14 AND Defendant ATC Healthcare Services, LLC's MOTION TO DISMISS [ 13]. The Court denies Wilcox's motion to remand and grants ATC's motion to dismiss. All claims against ATC are dismissed with leave to amend. On its own motion, the Court also dismisses with leave to amend the claims against Harbor UCLA. Wilcox shall file an amended complaint within 14 days of this Order, provided she can do so without violating Federal Rule of Civil Procedure 11(b). Failure to timely amend will waive the right to do so. Leave to add new claims or parties must be sought by a properly noticed motion. (lc) |
| Filing 28 MINUTES OF Motion Hearing held before Judge Mark C. Scarsi: RE MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FRCP 12(B)(6)[13) and MOTION TO REMAND CASE TO LOS ANGELES SUPERIOR COURT #14 . Counsel address the Court. The Court takes the Motions UNDER SUBMISSION and ruling will be issued. Court Recorder: CourtSmart. (lc) |
| Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Plaintiff's Notice (Other) #24 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. Incorrect event selected. Correct event to be used is: SEE BELOW UNDER OTHER. 1) Filing was an attempt to AMEND pending motion to remand, however filer changed original hearing date from 6/26/23 to 7/10/23 without filing proper formatted documents seeking order of continuance. Also no hearing was "scheduled" due to incorrect event. Clerk cannot advise of correct event, due the the deficiencies cited above. 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. (lc) |
| Filing 26 NOTICE OF LODGING filed RE [Proposed] ORDER GRANTING PLAINTIFFS EVIDENTIARY OBJECTIONS re Reply (Motion related), #25 (Attachments: #1 Proposed Order)(Carraher, Matthew) |
| Filing 25 REPLY In Support NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #14 filed by Plaintiff Turesa Wilcox. (Attachments: #1 PLAINTIFFS EVIDENTIARY OBJECTIONS TO EVIDENCE SUBMITTED IN SUPPORT OF DEFENDANTS NOTICE OF REMOVAL, #2 Proposed Order)(Carraher, Matthew) |
| Filing 24 Notice AMENDED NOTICE OF MOTION AND MOTION FOR ORDER REMANDING ACTION TO STATE COURT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MATTHEW J. CARAAHER IN SUPPORT THEREOF filed by Plaintiff Turesa Wilcox. (Carraher, Matthew) |
| Filing 23 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE: APPLICATION FOR AN ORDER AUTHORIZING SERVICE OF PROCESS ON THE CALIFORNIA SECRETARY OF STATE #21 . Plaintiff Turesa Wilcox applies for an order authorizing her to effect serviceon Defendant Harbor UCLA Medical Center Guild, Inc., by serving the CaliforniaSecretary of State. The Court considers the application on its merits notwithstanding Plaintiff's failure to conform with local rules governingmotion practice.. The Court deems the application appropriate for decision without oral argument. The application is denied without prejudice for two reasons. First, the Court questions its jurisdiction to enter the order sought. Plaintiff separately has challenged the Court's jurisdiction over this case in a motion to remand. Second, setting aside the jurisdictional issue, Plaintiff fails to demonstrate the requested order is warranted. (lc) |
Filing 22
ORDER GRANTING STIPULATION #16 TO CONTINUE HEARING DATE ON PLAINTIFF'S MOTION TO REMAND TO JULY 10, 2023 AT 9:00 AM #14 by Judge Mark C. Scarsi. (lc)
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| Filing 21 APPLICATION for Order for AUTHORIZING SERVICE OF PROCESS ON THE CALIFORNIA SECRETARY OF STATE filed by Plaintiff Turesa Wilcox. (Attachments: #1 Declaration OF MATTHEW J. CARRAHER RE: APPLICATION FOR AN ORDER AUTHORIZING SERVICE OF PROCESS ON THE CALIFORNIA SECRETARY OF STATE ON BEHALF OF HARBOR UCLA MEDICAL CENTER GUILD, INC., #2 Exhibit A re DECLARATION OF MATTHEW J. CARRAHER RE: APPLICATION FOR AN ORDER AUTHORIZING SERVICE OF PROCESS ON THE CALIFORNIA SECRETARY OF STATE ON BEHALF OF HARBOR UCLA MEDICAL CENTER GUILD, INC., #3 Proposed Order) (Carraher, Matthew) |
| Filing 20 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #14 Defendant ATC Healthcare Services, LLC's Response in Opposition to Motion for Order Remanding Action to State Court filed by Defendant ATC Healthcare Services LLC. (Attachments: #1 Defendant ATC Healthcare Services, LLC's Request for Judicial Notice in Support of Opposition to Motion for Order Remanding Action to State Court, #2 Supplemental Declaration of Scott Gultz in Support of Defendant ATC Healthcare Services, LLC's Response in Opposition to Plaintiff's Motion to Remand)(Wetmore, Shireen) |
| Filing 19 NOTICE OF LODGING filed Proposed Order Granting Stipulation to Continue Hearing Date on Motion to Remand re Stipulation to Continue, #16 (Attachments: #1 Proposed Order Proposed Order Granting Stipulation to Continue Hearing Date on Motion to Remand)(Case, Lauren) |
| Filing 18 REPLY in support of a motion NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. CIV. P. 12(B)(6) #13 Defendant ATC Healthcare Services, LLC's Reply in Support of Its Motion to Dismiss Plaintiff's Complaint Pursuant to Fed.R.CIV.P.12(B)(6) filed by Defendant ATC Healthcare Services LLC. (Wetmore, Shireen) |
| Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Stipulation to Continue, #16 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. Missing proposed order for the relief sought. 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. (lc) |
| Filing 16 STIPULATION to Continue Hearing Date on Plaintiff's Motion to Remand from June 26, 2023 to July 10, 2023 Re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #14 filed by Defendant ATC Healthcare Services LLC.(Case, Lauren) |
| Filing 15 OPPOSITION in Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. CIV. P. 12(B)(6) #13 filed by Plaintiff Turesa Wilcox. (Attachments: #1 Proposed Order [PROPOSED] ORDER DENYING DEFENDANTS MOTION TO DISMISS AND/OR STRIKE PLAINTIFFS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) AND/OR 12(f))(Carraher, Matthew) |
| Filing 14 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff Turesa Wilcox. Motion set for hearing on 6/26/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration of Matthew J. Carraher, #2 Proposed Order) (Carraher, Matthew) |
| Filing 13 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. CIV. P. 12(B)(6) filed by Defendant ATC Healthcare Services LLC. Motion set for hearing on 7/10/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Declaration of Shireen Y. Wetmore ISO Defendant ATC Healthcare Services, LLC's Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. CIV. P. 12(B)(6), #2 Proposed Order Granting Defendant ATC Healthcare Services, LLC's Motion to Dismiss Plaintiff's Complaint) (Wetmore, Shireen) |
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Filing 12
ORDER GRANTING APPLICATION of Non-Resident Attorney Jennifer A. Riley to Appear Pro Hac Vice on behalf of Defendant ATC Healthcare Services LLC and designating Angelica A. Zabanal as local counsel #8 by Judge Mark C. Scarsi. (lc)
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Filing 11
ORDER GRANTING APPLICATION of Non-Resident Attorney Gerald L. Maatman, Jr. to Appear Pro Hac Vice on behalf of Defendant ATC Healthcare Services LLC and designating Angelica A. Zabanal as local counsel #7 by Judge Mark C. Scarsi. (lc)
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| Filing 10 STIPULATION Extending Time to Answer the complaint as to ATC Healthcare Services LLC answer now due 5/12/2023, filed by Defendant ATC Healthcare Services LLC.(Wetmore, Shireen) |
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Filing 9
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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| Filing 8 APPLICATION of Non-Resident Attorney Jennifer A. Riley to Appear Pro Hac Vice on behalf of Defendant ATC Healthcare Services LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35150845) filed by Defendant ATC Healthcare Services LLC. (Attachments: #1 Proposed Order) (Zabanal, Angelica) |
| Filing 7 APPLICATION of Non-Resident Attorney Gerald L. Maatman, Jr. to Appear Pro Hac Vice on behalf of Defendant ATC Healthcare Services LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35150657) filed by Defendant ATC Healthcare Services LLC. (Attachments: #1 Proposed Order) (Attorney Angelica A Zabanal added to party ATC Healthcare Services LLC(pty:dft)) (Zabanal, Angelica) |
| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Jacqueline Chooljian. (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Turesa Wilcox in Los Angeles Superior Court on 3/1/2023, attached as Exhibit A. (jtil) |
| Filing 3 Defendant ATC Healthcare Services, LLC's Local Rule 7.1-1 Notice of Interested Parties and FRCP 7.1 Disclosure Statement NOTICE of Interested Parties filed by Defendant ATC Healthcare Services LLC, identifying Turesa Wilcox. (Case, Lauren) |
| Filing 2 CIVIL COVER SHEET filed by Defendant ATC Healthcare Services LLC. (Case, Lauren) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 23STCV04472 Receipt No: ACACDC-35138653 - Fee: $402, filed by Defendant ATC Healthcare Services LLC. (Attachments: #1 Declaration Declaration of Scott Gultz In Support of Defendant ATC Healthcare Services, LLC's Notice of Removal of Civil Action to the United States District Court) (Attorney Lauren M Case added to party ATC Healthcare Services LLC(pty:dft))(Case, Lauren) |
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