Angela Oh v. Dignity Community Care et al
| Angela Oh and W. H. |
| Dignity Community Care doing business as California Hospital Medical Center, Mary Claassen, Lillian Morris, Catherine Jacobs, Nathana Lurvey, Eva Garcia and Does 1 through 100 |
| Eisner Health and United States of America |
| 2:2023cv07054 |
| August 25, 2023 |
| US District Court for the Central District of California |
| Alicia G Rosenberg |
| George H Wu |
| George H Wu |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 39 AMENDED MINUTES OF TELEPHONIC HEARING ON THE UNITED STATES OF AMERICA'S MOTION TO REMAND #21 ; THE EISNER DEFENDANTS' MOTION FOR TEMPORARY STAY OF REMAND ORDER #32 held before Senior District Judge George H Wu. The Court's Tentative Rulings on the above-entitled Motions were issued on October 25, 2023 #30 and November 15, 2023 #37 . Court hears further oral argument. The Tentative Rulings are adopted as the Court's Final Ruling. The Court GRANTS the Government's motion to remand and GRANTS the Eisner Defendants' request for an automatic 30-day stay until December 18, 2023. The Court sets a status conference for December 18, 2023 at 8:30 a.m. The parties are to meet and confer, and stipulate to an extension of the stay pending the filing of an appeal. re: MINUTES OF TELEPHONIC HEARING ON THE UNITED STATES OF AMERICA'S MOTION TO REMAND #21 ; THE EISNER DEFENDANTS' MOTION FOR TEMPORARY STAY OF REMAND ORDER #32 , #38 . (aco) |
| Filing 38 MINUTES OF TELEPHONIC HEARING ON THE UNITED STATES OF AMERICA'S MOTION TO REMAND #21 ; THE EISNER DEFENDANTS' MOTION FOR TEMPORARY STAY OF REMAND ORDER #32 Hearing held before Senior District Judge George H Wu. The Court's Tentative Ruling on the above-entitled Motions was issued on November 15, 2023 #37 . Court hears oral argument. The Tentative Ruling is adopted as the Court's Final Ruling. The Court GRANTS the Government's motion to remand and GRANTS the Eisner Defendants' request for an automatic 30-day stay until December 18, 2023. The Court sets a status conference for December 18, 2023 at 8:30 a.m. The parties are to meet and confer, and stipulate to an extension of the stay pending the filing of an appeal.; granting #21 MOTION to Remand Case to State Court. Court Reporter: Myra Ponce. (aco) |
Filing 37
MINUTES IN CHAMBERS - TENTATIVE RULINGS ON THE UNITED STATES OF AMERICA'S MOTION TO REMAND #21 ; THE EISNER DEFENDANTS' MOTION FOR TEMPORARY STAY OF REMAND ORDER #32 by Judge George H. Wu. Attached hereto is the Court's Tentative Ruling on the above-entitled Motions set for hearing on November 16, 2023 at 8:30 a.m. (aco)
|
| Filing 36 Notice of Appearance or Withdrawal of Counsel: for attorney Paul Meier Corson counsel for Defendant Dignity Community Care. Adding Robert B. Packer as counsel of record for Dignity Community Care dba California Hospital Medical Center for the reason indicated in the G-123 Notice. Filed by defendant Dignity Community Care dba California Hospital Medical Center. (Corson, Paul) |
| Filing 35 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel may appear telephonically for the Motion Hearing #21 set on Thursday, November 16, 2023 at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 34 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Remand Case to California Superior Court #21 filed by Movant United States of America. (Chapman, Ryan) |
| Filing 33 MEMORANDUM in Opposition to Eisner Defendants' Motion for Temporary Stay of Remand Order filed by Plaintiff Angela Oh. (Hemesath, Michelle) |
| Filing 32 BRIEF filed by Defendants Mary Claassen, Eisner Health, Eva Garcia, Catherine Jacobs, Nathana Lurvey, Lillian Morris. regarding Motion Hearing,,,, Scheduling Conference - optional html form,,,, Set/Reset Deadlines/Hearings,,, #31 . (Freedus, Matthew) |
| Filing 31 MINUTES OF THE UNITED STATES OF AMERICA'S MOTION TO REMAND #21 ; and SCHEDULING CONFERENCE Hearing held before Judge George H. Wu. Hearing held before Judge George H. Wu. The Court's Tentative Ruling on the above-entitled Motion was issued on October 25, 2023 #30 . Oral argument is held. For reasons stated on the record, the Motion is continued to November 16, 2023 at 8:30 a.m. The Eisner Defendants will have until November 2, 2023 to file briefing on their request for a stay. The United States' response is due by November 9, 2023. In addition to said briefing, the parties may set forth in the same filing supplemental argument limited to the points raised at oral argument today. Each combined filing shall not exceed 10 pages. The scheduling conference is TAKEN OFF-CALENDAR. Court Reporter: Terri A. Hourigan. (aco) |
|
Filing 30
MINUTE ORDER - IN CHAMBERS by Judge George H. Wu:Attached hereto is the Courts Tentative Ruling on the United States Motion #21 set for hearing on October 26, 2023 at 8:30 a.m. (jag)
|
| Filing 29 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel may appear telephonically for the Motion Hearing #21 and the Scheduling Conference set on Thursday, October 26, 2023 at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
|
Filing 28
ORDER by Judge George H. Wu. Upon consideration of the Joint Stipulation and for good cause shown, the Court hereby APPROVES the Joint Stipulation. IT IS SO ORDERED that the hearing on the United States' Motion to Remand and the Scheduling Conference set for Thursday, October 26, 2023 at 8:30 a.m., is converted to a telephonic hearing and conference for purposes of Plaintiffs' and Defendants' appearance and participation therein, with the United States appearing in person should it chose to do so. RE: Joint Stipulation for Hearing, #27 . (aco)
|
| Filing 27 Joint STIPULATION for Hearing re NOTICE OF MOTION AND MOTION to Remand Case to California Superior Court #21 filed by defendant Mary Claassen, Eisner Health, Eva Garcia, Catherine Jacobs, Nathana Lurvey. (Attachments: #1 Proposed Order)(Freedus, Matthew) |
| Filing 26 NOTICE of Interested Parties filed by Defendant Dignity Community Care, identifying DIGNITY COMMUNITY CARE dba CALIFORNIA HOSPITAL MEDICAL CENTER. (Attorney Paul Meier Corson added to party Dignity Community Care(pty:dft))(Corson, Paul) |
| Filing 25 REPLY in Support of NOTICE OF MOTION AND MOTION to Remand Case to California Superior Court #21 filed by Movant United States of America. (Attachments: #1 Proof of Service)(Chapman, Ryan) |
| Filing 24 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to California Superior Court #21 filed by Defendants Mary Claassen, Eisner Health, Eva Garcia, Catherine Jacobs, Nathana Lurvey, Lillian Morris. (Attorney Matthew S. Freedus added to party Mary Claassen(pty:dft))(Freedus, Matthew) |
| Filing 23 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: This matter is currently set for a Fed. R. Civ. P. 26(f) scheduling conference on October 5, 2023. Defendant has filed a motion to remand the matter back to state court #21 and set the hearing on said motion for October 26, 2023. In order to avoid the need for multiple appearances, the Court continues the October 5 scheduling conference to October 26. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 22 JOINT 26(F) REPORT REPORT filed by Plaintiff Angela Oh. (Hemesath, Michelle) |
| Filing 21 NOTICE OF MOTION AND MOTION to Remand Case to California Superior Court filed by Movant United States of America. Motion set for hearing on 10/26/2023 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order) (Chapman, Ryan) |
| Filing 20 Notice of Participation by the United States filed by Movant United States of America. (Chapman, Ryan) |
| Filing 19 Notice of Appearance or Withdrawal of Counsel: for attorney Ryan Casey Chapman counsel for Movant United States of America. Adding Ryan C. Chapman as counsel of record for United States of America for the reason indicated in the G-123 Notice. Filed by Movant United States of America. (Attorney Ryan Casey Chapman added to party United States of America(pty:mov))(Chapman, Ryan) |
| Filing 18 First APPLICATION of Non-Resident Attorney Matthew S. Freedus to Appear Pro Hac Vice on behalf of Defendants Mary Claassen, Eisner Health, Eva Garcia, Catherine Jacobs, Nathana Lurvey (Pro Hac Vice Fee - $500 Previously Paid on 8/30/2023, Receipt No. 35956427) filed by Defendants Mary Claassen, Eisner Health, Eva Garcia, Catherine Jacobs, Nathana Lurvey. (Attachments: #1 Proposed Order Proposed Order) (Wysocky, Steven) |
| Filing 17 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: First APPLICATION of Non-Resident Attorney Matthew S. Freedus to Appear Pro Hac Vice on behalf of Defendants Mary Claassen, Eisner Health, Eva Garcia, Catherine Jacobs, Nathana Lurvey (Pro Hac Vice Fee - $500 Previously Paid on 8/30/2023, Receip #14 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. (lt) |
|
Filing 16
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge George H. Wu. APPLICATION of Attorney Matthew S. Freedus to Appear Pro Hac Vice on behalf of Defendants Mary Claassen, Eisner Health, Eva Garcia, Catherine Jacobs, Nathana Lurvey, designating Steven J. Wysocky as local counsel GRANTED.; granting #14 Non-Resident Attorney Matthew S. Freedus. (aco)
|
| Filing 15 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: First APPLICATION of Non-Resident Attorney Matthew S. Freedus to Appear Pro Hac Vice on behalf of Defendants Mary Claassen, Eisner Health, Eva Garcia, Catherine Jacobs, Nathana Lurvey, Lillian Morris (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. #12 by Judge George H. Wu. Docket No. 12 is stricken for the reason(s) stated in the Notice #13 filed on September 1, 2023. (See document for further details). (aco) |
| Filing 14 First APPLICATION of Non-Resident Attorney Matthew S. Freedus to Appear Pro Hac Vice on behalf of Defendants Mary Claassen, Eisner Health, Eva Garcia, Catherine Jacobs, Nathana Lurvey (Pro Hac Vice Fee - $500 Previously Paid on 8/30/2023, Receipt No. 35956427) filed by Defendants Mary Claassen, Eisner Health, Eva Garcia, Catherine Jacobs, Nathana Lurvey. (Wysocky, Steven) |
| Filing 13 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: First APPLICATION of Non-Resident Attorney Matthew S. Freedus to Appear Pro Hac Vice on behalf of Defendants Mary Claassen, Eisner Health, Eva Garcia, Catherine Jacobs, Nathana Lurvey, Lillian Morris (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. #12 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): No signature on Application. Local counsel failed to sign the application. See LR 11-1. See Instructions for Applicants (1) note that electronic signatures are not accepted. (G-64). (lt) |
| Filing 12 [DOCUMENT STRICKEN PER ORDER ON 09/05/2023, SEE DOCKET NO. 15] First APPLICATION of Non-Resident Attorney Matthew S. Freedus to Appear Pro Hac Vice on behalf of Defendants Mary Claassen, Eisner Health, Eva Garcia, Catherine Jacobs, Nathana Lurvey, Lillian Morris (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-35956427) filed by Defendants Mary Claassen, Eisner Health, Eva Garcia, Catherine Jacobs, Nathana Lurvey, Lillian Morris. (Attachments: #1 Proposed Order Proposed Order) (Wysocky, Steven) Modified on 9/5/2023 (aco). |
| Filing 11 NOTICE of Interested Parties filed by Defendant Mary Claassen, Eisner Health, Eva Garcia, Catherine Jacobs, Nathana Lurvey, Lillian Morris, identifying Eisner Health; Hudson Insurance Group. (Wysocky, Steven) |
|
Filing 10
MINUTES IN CHAMBERS - ORDER SETTING SCHEDULING CONFERENCE by Judge George H. Wu. The Court sets a Scheduling Conference for October 5, 2023 at 8:30 a.m. Counsel are reminded of their obligations to disclose information, confer on a discovery plan, and report to the Court, as required by F.R.C.P. 26 and the Local Rules of this Court. Trial counsel are ordered to be present. A Joint 26(f) Report shall be filed with the Court no later than September 28, 2023. See Local Rule 26-1. Plaintiff(s) is directed to give notice of the scheduling conference immediately to each party that makes an initial appearance in the action after this date. (rolm)
|
|
Filing 9
STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth "Local Rules") 16-1 through 16-15 regarding pre-trial requirements. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
|
| Filing 8 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening), #1 . The following error(s) was found: It appears the name of an individual known to be a minor is contained in documents filed with the Court. Fed R Civ P 5.2(a) requires that a minor's initials (as opposed to a minor's spell-out name) be used on documents filed with this Court, unless the Court orders otherwise. You are not required to take any action in response to this notice unless the Court so directs. (ghap) |
| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening), #1 . The following error(s) was found: Other error(s) with document(s): Attachments 1 Civil Cover Sheet Civil Cover Sheet is attached to the Notice of Removal. Each of these documents should have been filed and entered separately under its correct event/relief. You need not take any action in response to this notice unless and until the Court directs you to do so. (ghap) |
| Filing 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Matthew Sidney Freedus on behalf on Defendants. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
| Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening), #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (ghap) |
| Filing 4 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 2 NOTICE OF ASSIGNMENT to District Judge George H. Wu and Magistrate Judge Alicia G. Rosenberg. (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Mary Claassen, Dignity Community Care, Does 1 through 100, Inclusive, Eisner Health, Eva Garcia, Catherine Jacobs, Nathana Lurvey, Lillian Morris. Jury Demanded., filed by plaintiffs Angela Oh, W. H. (FILED IN STATE COURT ON 7/26/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL) (ghap) |
| Filing 1 NOTICE OF REMOVAL from California, case number 23STCV17598 Receipt No: ACACDC-35929810 - Fee: $402, filed by Petitioner Eisner Health. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (Attorney Steven Joseph Wysocky added to party Eisner Health(pty:pet))(Wysocky, Steven) |
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 Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
