Cindy Herring v. Californian-Magnolia Convalescent Hospital, Inc. et al
Plaintiff: Cindy Herring, individually, and as Successor-in-Interest to the Estate of Mary Shaw and Cindy Herring
Defendant: Californian-Magnolia Convalescent Hospital, Inc. doing business as Mangnolia Rehabilitation and Nursing Center, Does 1 to 50, Inclusive, Kimberly Sue Richards, Larry Joe Mays, Veronica Sue Mays, Magnolia Rehabilitation and Nursing Center, Californian-Magnolia Convalescent Hospital, Inc. doing business as Mangnolia Rehabilitation and Nursing Center Erroneously Sued As Californian-Magnolia Convalescent Hospital, Inc., Doe and Does 5 to 50, Inclusive
Case Number: 5:2022cv00044
Filed: January 7, 2022
Court: US District Court for the Central District of California
Presiding Judge: Jesus G Bernal
Referring Judge: Kenly Kiya Kato
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1441 Notice of Removal - Wrongful Death
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 11, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 28, 2022 Filing 17 REPLY Support First NOTICE OF MOTION AND MOTION to Remand Case to Riverside Superior Court #13 filed by Plaintiff Cindy Herring. (Searcy, Joshua)
February 25, 2022 Opinion or Order Filing 16 SCHEDULING NOTICE AND ORDER by Judge Jesus G. Bernal: On the Court's own motion, the Motion to Dismiss Case #9 set for hearing on February 28, 2022, is hereby CONTINUED to March 28, 2022, at 9:00 a.m. before Judge Jesus G. Bernal. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (npo) TEXT ONLY ENTRY
February 18, 2022 Filing 15 REQUEST FOR JUDICIAL NOTICE (in Support of Defendants' Opposition to Plaintiff's Motion to Remand) filed by Defendants Californian-Magnolia Convalescent Hospital, Inc., Magnolia Rehabilitation and Nursing Center, Larry Joe Mays, Veronica Sue Mays, Kimberly Sue Richards. (Kanno, Rita)
February 18, 2022 Filing 14 OPPOSITION to First NOTICE OF MOTION AND MOTION to Remand Case to Riverside Superior Court #13 filed by Defendants Californian-Magnolia Convalescent Hospital, Inc., Magnolia Rehabilitation and Nursing Center, Larry Joe Mays, Veronica Sue Mays, Kimberly Sue Richards. (Kanno, Rita)
February 8, 2022 Filing 13 First NOTICE OF MOTION AND MOTION to Remand Case to Riverside Superior Court filed by Plaintiff Cindy Herring. Motion set for hearing on 3/14/2022 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Proposed Order) (Searcy, Joshua)
January 27, 2022 Opinion or Order Filing 12 STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima)
January 14, 2022 Filing 11 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Defendants Californian-Magnolia Convalescent Hospital, Inc., Magnolia Rehabilitation and Nursing Center, Larry Joe Mays, Veronica Sue Mays, Kimberly Sue Richards. (Kanno, Rita)
January 14, 2022 Filing 10 DECLARATION of Rita R. Kanno in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #9 filed by Defendants Californian-Magnolia Convalescent Hospital, Inc., Magnolia Rehabilitation and Nursing Center, Larry Joe Mays, Veronica Sue Mays, Kimberly Sue Richards. (Kanno, Rita)
January 14, 2022 Filing 9 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Californian-Magnolia Convalescent Hospital, Inc., Magnolia Rehabilitation and Nursing Center, Larry Joe Mays, Veronica Sue Mays, Kimberly Sue Richards. Motion set for hearing on 2/28/2022 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Proposed Order (Granting Defendants' Motion to Dismiss)) (Kanno, Rita)
January 10, 2022 Filing 8 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 2 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)
January 10, 2022 Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap)
January 10, 2022 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
January 10, 2022 Filing 5 NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Kenly Kiya Kato. (ghap)
January 7, 2022 CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Cindy Herring, upon Defendant Replacing name of Doe No. 3 with Veronica Sue Mays served on 11/19/2021, answer due 12/10/2021. Service of the Summons and Complaint were executed upon Rita Kanno, Esq. in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. (FILED IN STATE COURT ON 12/15/2021 SUBMITTED ATTACHED EXHIBIT A) (ghap)
January 7, 2022 CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Cindy Herring, upon Defendant Californian-Magnolia Convalescent Hospital, Inc. served on 8/29/2021, answer due 9/19/2021. Service of the Summons and Complaint were executed upon Larry Joe Mays, Chief Executive Officer in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 10/27/2021 SUBMITTED ATTACHED EXHIBIT A) (ghap)
January 7, 2022 CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery) filed by Defendant Magave Care, Inc., dba Magnolia Rehabilitation & Nursing Center, (erroneously sued and served as Magnolia Rehabilitation and Nursing Center) (sued herein as DOE 4). FILED IN STATE COURT ON 11/8/2021 SUBMITTED ATTACHED ATTACHED EXHIBIT A)(ghap)
January 7, 2022 CONFORMED FILED COPY OF COMPLAINT against Defendants Californian-Magnolia Convalescent Hospital, Inc., Does 1 to 50, Inclusive., filed by plaintiff Cindy Herring. (FILED IN STATE COURT ON 5/20/2021 SUBMITTED ATTACHED EXHIBIT A) (ghap)
January 7, 2022 CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery) filed by Defendant Magave Care, Inc., dba Magnolia Rehabilitation & Nursing Center, (erroneously sued and served as Magnolia Rehabilitation and Nursing Center) (sued herein as DOE 4). FILED IN STATE COURT ON 10/19/2021 SUBMITTED ATTACHED ATTACHED EXHIBIT A)(ghap)
January 7, 2022 CONFORMED FILED COPY OF AMENDMENT TO COMPLAINT amending Complaint - (Discovery), plaintiff being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of DOE 2 and having discovered the true name of the defendant to be Larry Joe Mays., filed by plaintiff Cindy Herring. (FILED IN STATE COURT ON 8/10/2021 SUBMITTED ATTACHED TO EXHIBIT A) (ghap)
January 7, 2022 CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Cindy Herring, upon Defendant Larry Joe Mays served on 8/29/2021, answer due 9/19/2021. Service of the Summons and Complaint were executed upon Replacing name of Doe No. 2 with Larry Joe Mays in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 10/8/2021 SUBMITTED ATTACHED EXHIBIT A) (ghap)
January 7, 2022 CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Cindy Herring, upon Defendant Replacing name of Doe No. 1 with Kimberly Sue Richards served on 11/19/2021, answer due 12/10/2021. Service of the Summons and Complaint were executed upon Rita Kanno, Esq. in compliance with California Code of Civil Procedure by method of service not specified.Original Summons NOT returned. (FILED IN STATE COURT ON 12/15/2021 SUBMITTED ATTACHED EXHIBIT A) (ghap)
January 7, 2022 CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Cindy Herring, upon Defendant Replacing name of Doe No. 4 with Magnolia Rehabilitation and Nursing Center served on 8/29/2021, answer due 9/19/2021. Service of the Summons and Complaint were executed upon Hispanic female approximately appr. 5' tall, brown hair, brown eyes, name unknown in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 10/8/2021 SUBMITTED ATTACHED EXHIBIT A) (ghap) Modified on 1/10/2022 (ghap).
January 7, 2022 Filing 4 REQUEST FOR JUDICIAL NOTICE filed by Defendant Californian-Magnolia Convalescent Hospital, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34)(Kanno, Rita)
January 7, 2022 Filing 3 NOTICE Defendants' Notice to Adverse Party of Removal of Action to Federal Court filed by Defendant Californian-Magnolia Convalescent Hospital, Inc.. (Kanno, Rita)
January 7, 2022 Filing 2 CERTIFICATE of Interested Parties filed by Defendant Californian-Magnolia Convalescent Hospital, Inc., (Attachments: #1 Supplement (Certificate of Serve Re Certificate of Interested Parties))(Kanno, Rita)
January 7, 2022 Filing 1 NOTICE OF REMOVAL from Riverside Superior Court, case number CVRI2102506 Receipt No: ACACDC-32590900 - Fee: $402, filed by Defendant Californian-Magnolia Convalescent Hospital, Inc.. (Attachments: #1 Exhibit A (Re Defendant's Notice of Removal), #2 Civil Cover Sheet, #3 Supplement (Certificate of Service Re Civil Cover Sheet)) (Attorney Rita Rebecca Kanno added to party Californian-Magnolia Convalescent Hospital, Inc.(pty:dft))(Kanno, Rita)

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Plaintiff: Cindy Herring, individually, and as Successor-in-Interest to the Estate of Mary Shaw
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Plaintiff: Cindy Herring
Represented By: Joshua M Searcy
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Defendant: Californian-Magnolia Convalescent Hospital, Inc. doing business as Mangnolia Rehabilitation and Nursing Center
Represented By: Rita Rebecca Kanno
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Defendant: Does 1 to 50, Inclusive
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Defendant: Kimberly Sue Richards
Represented By: Rita Rebecca Kanno
Represented By: Lann Gottesman McIntyre
Represented By: Rima M Badawiya
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Defendant: Larry Joe Mays
Represented By: Rita Rebecca Kanno
Represented By: Lann Gottesman McIntyre
Represented By: Rima M Badawiya
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Defendant: Veronica Sue Mays
Represented By: Rita Rebecca Kanno
Represented By: Lann Gottesman McIntyre
Represented By: Rima M Badawiya
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Defendant: Magnolia Rehabilitation and Nursing Center
Represented By: Rita Rebecca Kanno
Represented By: Lann Gottesman McIntyre
Represented By: Rima M Badawiya
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Defendant: Californian-Magnolia Convalescent Hospital, Inc. doing business as Mangnolia Rehabilitation and Nursing Center Erroneously Sued As Californian-Magnolia Convalescent Hospital, Inc.
Represented By: Rita Rebecca Kanno
Represented By: Lann Gottesman McIntyre
Represented By: Rima M Badawiya
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Defendant: Doe
Represented By: Rita Rebecca Kanno
Represented By: Lann Gottesman McIntyre
Represented By: Rima M Badawiya
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Defendant: Does 5 to 50, Inclusive
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