Cynthia Carrillo v. Sela Healthcare, Inc. et al
| David Carrillo and Cynthia Carrillo |
| Sela Healthcare, Inc. dba Villa Mesa Care Center, Sela Healthcare, Inc., San Antonio Post Acute and Does 1-50 |
| 5:2021cv00150 |
| January 26, 2021 |
| US District Court for the Central District of California |
| Fernando L Aenlle-Rocha |
| Sheri Pym |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 Notice of Removal - Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on October 13, 2021. A more recent docket listing may be available from PACER.
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| Filing 45 Notice of Appearance or Withdrawal of Counsel: for attorney Anne Marie Murphy counsel for Plaintiff Cynthia Carrillo. Kali V. Fournier is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Cynthia Carrillo. (Murphy, Anne) |
| Filing 44 Notice of Appearance or Withdrawal of Counsel: for attorney Hannah Brown counsel for Plaintiff Cynthia Carrillo. Adding Hannah K. Brown as counsel of record for Plaintiff Cynthia Carrillo, individually and as heir of David Carrillo, deceased for the reason indicated in the G-123 Notice. Filed by Plaintiff Cynthia Carrillo. (Attorney Hannah Brown added to party Cynthia Carrillo(pty:pla))(Brown, Hannah) |
| Filing 43 Notice of Appearance or Withdrawal of Counsel: for attorney Anne Marie Murphy counsel for Plaintiff Cynthia Carrillo. Kali V. Fournier is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Cynthia Carrillo. (Murphy, Anne) |
| Filing 42 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 21-56082 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #40 as to defendant Sela Healthcare, Inc.. (lc) |
| Filing 41 Receipt of Acknowledgment of documents received by San Bernardino County Superior Court, No. CIVSB2027172. (lom) |
| Filing 40 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant Sela Healthcare, Inc.. Appeal of Order on Motion to Compel Arbitration,, Order on Motion to Remand Case to State Court, #38 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-32087543.) (McIntyre, Lann) |
| Filing 39 TRANSMITTAL of documents to San Bernardino County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to San Bernardino County Superior Court, No. CIVSB2027172. (lc) |
Filing 38
ORDER GRANTING PLAINTIFFS MOTION TO REMAND #15 AND DENYING DEFENDANT'S MOTION TO COMPEL ARBITRATION #9 by Judge Fernando L. Aenlle-Rocha: The Court GRANTS Plaintiff's Motion to Remand and DENIES as moot Defendant's Motion to Compel Arbitration. This case is REMANDED to San Bernardino County Superior Court, CIVSB2027172. MD JS-6. Case Terminated. (lc)
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Filing 37
TEXT ENTRY (IN CHAMBERS) ORDER TAKING SCHEDULING CONFERENCE UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The Court has considered the parties' Joint Rule 26(f) Report with respect to the Scheduling Conference and has concluded that the hearing on July 2, 2021 is not necessary. Accordingly, the Scheduling Conference is taken off calendar and under submission. No appearance by counsel is necessary. A separate order will issue setting the deadlines and dates for this case. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
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| Filing 36 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 Court Days, filed by Plaintiff Cynthia Carrillo.. (Murphy, Anne) |
| Filing 35 Notice of Appearance or Withdrawal of Counsel: for attorney Anne Marie Murphy counsel for Plaintiff Cynthia Carrillo. Samuel Y. Gutin is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Cynthia Carrillo. (Murphy, Anne) |
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Filing 34
ORDER GRANTING IN PART JOINT STIPULATION REGARDING JUNE 18, 2021 SCHEDULING CONFERENCE #33 by Judge Fernando L. Aenlle-Rocha: The Court GRANTS IN PART the Stipulation and CONTINUES the Scheduling Conference to July 2, 2021. The court additionally CONTINUES the parties deadline to file their Joint Rule 26(f) Report to June 25, 2021. (lc)
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| Filing 33 Joint STIPULATION to Reschedule Scheduling Conference filed by plaintiff Cynthia Carrillo. (Attachments: #1 Proposed Order Granting Joint Stipulation Regarding June 18, 2021, Scheduling Conference)(Murphy, Anne) |
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Filing 32
ORDER DENYING DEFENDANT'S EX PARTE APPLICATION TO SUBMIT SUPPLEMENTAL BRIEF IN SUPPORT OF OPPOSITION TO MOTION TO REMAND #28 by Judge Fernando L. Aenlle-Rocha (lc)
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| Filing 31 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibit (non-trial) by Sela Healthcare, Inc #30 . The following error(s) was/were found: Title page is missing. First Page is blank except for "Exhibit A". MISSING LR-11-3.8 required filer, attorney, court and case information 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 30 EXHIBIT Filed filed by Defendant Sela Healthcare, Inc.. Exhibits A and B as to First EX PARTE APPLICATION to Supplement Brief in Support of Opposition to Motion to Remand re MEMORANDUM in Opposition to Motion #21 #28 . (Attachments: #1 Exhibit, #2 PROOF OF SERVICE)(Kanno, Rita) |
| Filing 29 OPPOSITION to First EX PARTE APPLICATION to Supplement Brief in Support of Opposition to Motion to Remand re MEMORANDUM in Opposition to Motion #21 #28 Plaintiff's Opposition to Defendant's Ex Parte Application to Submit Supplemental Brief in Support of Opposition to Motion to Remand filed by Plaintiff Cynthia Carrillo. (Murphy, Anne) |
| Filing 28 First EX PARTE APPLICATION to Supplement Brief in Support of Opposition to Motion to Remand re MEMORANDUM in Opposition to Motion #21 filed by defendant Sela Healthcare, Inc.. (Attachments: #1 Proposed Order) (Kanno, Rita) |
| Filing 27 Notice of Appearance or Withdrawal of Counsel: for attorney Rita Rebecca Kanno counsel for Defendant Sela Healthcare, Inc.. Adding Rita R. Kanno as counsel of record for Sela Healthcare, Inc., dba Villa Mesa Care Center for the reason indicated in the G-123 Notice. Filed by defendant Sela Healthcare, Inc.. (Attachments: #1 Declaration PROOF OF SERVICE)(Attorney Rita Rebecca Kanno added to party Sela Healthcare, Inc.(pty:dft))(Kanno, Rita) |
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Filing 26
TEXT ENTRY (IN CHAMBERS) ORDER TAKING MOTIONS UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The Court finds that Defendants Motion to Compel Arbitration #9 and Plaintiffs Motion to Remand Case to San Bernardino Superior Court #15 currently scheduled for hearing on April 16, 2021, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, these motions are taken UNDER SUBMISSION and the hearing is vacated. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY
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| Filing 25 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #15 Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion To Remand filed by Plaintiff Cynthia Carrillo. (Murphy, Anne) |
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Filing 24
AMENDED TEXT ENTRY (IN CHAMBERS) ORDER CONTINUING DEFENDANT'S MOTION TO COMPEL BINDING ARBITRATION #9 by Judge Fernando L. Aenlle-Rocha: The court, on its own motion, continues the motion from April 9, 2021 to April 16, 2021 at 1:30 PM.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
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Filing 23
TEXT ENTRY (IN CHAMBERS) ORDER CONTINUING DEFENDANTS MOTION TO COMPEL BINDING ARBITRATION #9 by Judge Fernando L. Aenlle-Rocha: The court, on its own motion, continues the motion from April 2, 2021 to April 9, 2021 at 1:30 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
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| Filing 22 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #15 IN SUPPORT OF OPPOSITION filed by Defendant Sela Healthcare, Inc.. (Attachments: #1 Exhibit 29, #2 Exhibit 30, #3 Exhibit 31)(Christopoulos, Lynnette) |
| Filing 21 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #15 filed by Defendant Sela Healthcare, Inc.. (Christopoulos, Lynnette) |
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Filing 20
ORDER SETTING SCHEDULING CONFERENCE by Judge Fernando L. Aenlle-Rocha. Scheduling Conference set for 6/18/2021 at 01:00 PM before Judge Fernando L. Aenlle-Rocha. (gga)
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| Filing 19 REPLY in support of motion NOTICE OF MOTION AND MOTION to Compel Arbitration #9 filed by Defendant Sela Healthcare, Inc.. (Christopoulos, Lynnette) |
| Filing 18 OPPOSITION Plaintiff's Opposition to Defendant's Notice of Motion and Motion to Compel Arbitration re: NOTICE OF MOTION AND MOTION to Compel Arbitration #9 filed by Plaintiff Cynthia Carrillo. (Attachments: #1 Declaration of Cynthia Carrillo in Support of Plaintiff's Opposition to Defendant's Notice of Motion and Motion to Compel Binding Arbitration, #2 Proposed Order Denying Defendants' Motion to Compel Arbitration)(Murphy, Anne) |
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Filing 17
TEXT ONLY ORDER (IN CHAMBERS) by Judge Fernando L. Aenlle-Rocha re: NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #15 . The motion hearing date of 4/9/2021 is closed. The hearing on the Motion to Remand is reset for 4/16/2021 at 01:30 PM. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| Filing 16 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court #15 filed by Plaintiff Cynthia Carrillo. (Attachments: #1 Exhibit 1- Defts Notice of Removal, #2 Exhibit 2 - Order Granting Mtn to Remand, #3 Exhibit 3 - Order Denying Mtn for Stay Pending Appeal, #4 Exhibit 4- Fourth Amendment, #5 Exhibit 5 - Order Granting Pltfs Mtn to Remand in the matter Fernande Lyons et al. v. Cucumber Holdings, #6 Exhibit 6 - Pltfs Ntc of Mtn and Mtn to Remand in the matter Fernande Lyons et al. v. Cucumber Holdings, #7 Exhibit 7 - Defts Oppo to Pltfs Mtn to Remand in the matter Fernande Lyons et al. v. Cucumber Holdings, #8 Exhibit 8 - Defts RJN iso and in Oppos to Pltfs Mtn to Remand in the matter Fernande Lyons et al. v. Cucumber Holdings, #9 Exhibit 9 - Order Denying Pltfs Mtn to Remand in the matter Gilbert Garcia et al v. Welltower OpCo Group LLC, #10 Exhibit 10 - Order Granting Plaintiffs Motion to Remand in the matter Marc Dupervil v. Alliance Health)(Murphy, Anne) |
| Filing 15 NOTICE OF MOTION AND MOTION to Remand Case to San Bernardino Superior Court filed by Plaintiff Cynthia Carrillo. Motion set for hearing on 4/9/2021 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Declaration of Anne Marie Murphy in Support of Plaintiff's Motion to Remand, #2 Exhibit 1- COVID-19 Long-Term Care Facility Guidance, #3 Exhibit 2 - PREP Act Questions and Answers (Q&As), #4 Exhibit 3 - FDA Combating COVID-19 with Therapeutics, #5 Exhibit 4 - FDA Combating COVID-19 with Therapeutics, #6 Exhibit 5 - Advisory Opinion on the Public Readiness and Emergency Preparedness Act, #7 Exhibit 6 - Fourth Advisory Opinion 20-04, #8 Exhibit 7 - Advisory Opinion 21-01, #9 Proposed Order Granting Plaintiffs' Motion to Remand) (Murphy, Anne) |
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Filing 14
TEXT ENTRY (IN CHAMBERS) ORDER STRIKING COMPLAINT (DKT. #12 ) by Judge Fernando L. Aenlle-Rocha: The Court strikes plaintiff's Complaint (Dkt. #12 ) filed on February 18, 2021, the Complaint was previously filed as an attachment to the Notice of Removal(Dkt. [1-3]). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
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| Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Supplement #12 . The following error(s) was/were found: Title page is missing. 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. (lom) |
| Filing 12 ***STRICKEN REFER TO DOCUMENT NUMBER 14***[COMPLAINT - FROM SUPERIOR COURT filed as] SUPPLEMENT to Notice of Removal (Attorney Civil Case Opening),,,, #1 filed by Plaintiff Cynthia Carrillo. (Attachments: #1 Proof of Service)(Murphy, Anne) Modified on 2/19/2021 (lom). Modified on 2/25/2021 (vv). |
| Filing 11 NOTICE filed by Plaintiff Cynthia Carrillo. Notice of Entry of Initial Standing Order (Murphy, Anne) |
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Filing 10
INITIAL STANDING ORDER by Judge Fernando L. Aenlle-Rocha. (rrey)
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| Filing 9 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant Sela Healthcare, Inc.. Motion set for hearing on 4/2/2021 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order) (Christopoulos, Lynnette) |
| Filing 8 Notice of Appearance or Withdrawal of Counsel: for attorney Carlos Urzua counsel for Plaintiff Cynthia Carrillo. Adding Carlos Urzua as counsel of record for Plaintiff Cynthia Carrillo, individually and as heir of David Carrillo, deceased for the reason indicated in the G-123 Notice. Filed by Plaintiffs Cynthia Carrillo. (Urzua, Carlos) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 6 NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Sheri Pym for discovery. Pursuant to General Order 19-03, this case has been randomly reassigned to District Judge Fernando L. Aenlle-Rocha. The case number on all documents filed with the Court in this case should read as follows: 5:21-cv-00150 FLA (SPx). (lh) |
| Filing 5 Notice of Appearance or Withdrawal of Counsel: for attorney Anne Marie Murphy counsel for Plaintiffs Cynthia Carrillo, David Carrillo. Adding Anne Marie Murphy as counsel of record for Plaintiff Cynthia Carrillo, individually and as heir of David Carrillo, deceased for the reason indicated in the G-123 Notice. Filed by Plaintiffs Cynthia Carrillo. (Attorney Anne Marie Murphy added to party Cynthia Carrillo(pty:pla), Attorney Anne Marie Murphy added to party David Carrillo(pty:pla))(Murphy, Anne) |
| Filing 4 Notice of Appearance or Withdrawal of Counsel: for attorney Kali Vitoria Fournier counsel for Plaintiffs Cynthia Carrillo, David Carrillo. Adding Kali V. Fournier as counsel of record for Plaintiff Cynthia Carrillo, individually and as heir of David Carrillo, deceased for the reason indicated in the G-123 Notice. Filed by Plaintiffs Cynthia Carrillo. (Attorney Kali Vitoria Fournier added to party Cynthia Carrillo(pty:pla), Attorney Kali Vitoria Fournier added to party David Carrillo(pty:pla))(Fournier, Kali) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does, Sela Healthcare, Inc. Jury Demanded, filed by Plaintiff Cynthia Carrillo. (FILED IN SAN BERNARDINO COUNTY SUPERIOR COURT ON 12/23/2020 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 3 Notice and Certificate of Interested Parties filed by Defendant Sela Healthcare, Inc. dba Villa Mesa Care Center, (Attachments: #1 Proof of Service, #2 Notice of Adverse Party)(Christopoulos, Lynnette) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Sela Healthcare, Inc. dba Villa Mesa Care Center. (Attachments: #1 Proof of Service)(Christopoulos, Lynnette) |
| Filing 1 NOTICE OF REMOVAL Receipt No: CCACDC-30250137 - Fee: $402, filed by Defendant Sela Healthcare, Inc. dba Villa Mesa Care Center. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit B, #8 Exhibit C, #9 Request for Judicial Notice, #10 Exhibit RJN Ex. 1, #11 Exhibit RJN Ex. 2, #12 Exhibit RJN Ex. 3, #13 Exhibit RJN Ex. 4, #14 Exhibit RJN Ex. 5, #15 Exhibit RJN Ex. 6, #16 Exhibit RJN Ex. 7, #17 Exhibit RJN Ex. 8, #18 Exhibit RJN Ex. 9, #19 Exhibit RJN Ex. 10, #20 Exhibit RJN Ex. 11, #21 Exhibit RJN Ex. 12, #22 Exhibit RJN Ex. 13, #23 Exhibit RJN Ex. 14, #24 Exhibit RJN Ex. 15, #25 Exhibit RJN Ex. 16, #26 Exhibit RJN Ex. 17, #27 Exhibit RJN Ex. 18, #28 Exhibit RJN Ex. 19, #29 Exhibit RJN Ex. 20, #30 Exhibit RJN Ex. 21, #31 Exhibit RJN Ex. 22, #32 Exhibit RJN Ex. 23, #33 Exhibit RJN Ex. 24, #34 Exhibit RJN Ex. 25, #35 Exhibit RJN Ex. 26, #36 Exhibit RJN Ex. 27, #37 Exhibit RJN Ex. 28) (Attorney Lynnette Avaness Christopoulos added to party Sela Healthcare, Inc. dba Villa Mesa Care Center(pty:dft))(Christopoulos, Lynnette) |
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