Priscilla Luna et al v. P and M Healthcare Holdings et al
| Priscilla Luna, John Roberts and Theresa Roberts |
| P and M Healthcare Holdings, Inc. doing business as Rancho Mesa Care Center, a California Skilled Nursing Facility, Marylynn Mahan, Phillip Weinberger and Does 1-25, inclusive |
| 5:2022cv00300 |
| February 17, 2022 |
| US District Court for the Central District of California |
| Stanley Blumenfeld |
| Shashi H Kewalramani |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 Notice of Removal - Personal Injury |
| Defendant |
Docket Report
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| Filing 28 Receipt of Copy of Remand Transmittal Letter from San Bernardino Superior Court, Case No. CIVSB2131956, acknowledged on 7/18/2022. (gk) |
| Filing 27 MINUTES OF Order to Show Cause Re Sanctions Hearing held before Judge Stanley Blumenfeld, Jr.: The Court elects not to impose monetary sanctions against Ms. Kanno. Instead, the Court finds it sufficient to admonish Ms. Kanno for her lack of candor in failing to disclose the subsequent history in Saldana v. Glenhaven Healthcare LLC, 2022 WL 518989 (9th Cir. Feb. 22, 2022). The order to show cause re: sanctions #22 is hereby discharged. Court Reporter: Judy Moore. (gk) |
| Filing 26 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 22-55308 assigned to Notice of Appeal to 9th Circuit Court of Appeals #25 as to Defendants Marylynn Mahan, P and M Healthcare Holdings, Inc., Phillip Weinberger. (gk) |
| Filing 25 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendants Marylynn Mahan, P and M Healthcare Holdings, Inc., Phillip Weinberger. Appeal of Order on Motion to Dismiss Case,,, #17 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-33019026.) (McIntyre, Lann) |
| Filing 24 DECLARATION of Rita R. Kanno re Response, #23 (Declaration of Rita K. Kanno in Support of Defendants' Response to Order to Show Cause Re Sanctions) filed by Defendants Marylynn Mahan, P and M Healthcare Holdings, Inc., Phillip Weinberger. (Kanno, Rita) |
| Filing 23 RESPONSE filed by Defendants Marylynn Mahan, P and M Healthcare Holdings, Inc., Phillip Weinbergerto Minutes of In Chambers Order/Directive - no proceeding held,,,,,,, Set/Reset Deadlines/Hearings,,,,,, #22 (Defendants' Memorandum of Points and Authorities in Response to Order to Show Cause) (Kanno, Rita) |
Filing 22
MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: SANCTIONS by Judge Stanley Blumenfeld, Jr.: On 2/24/2022, the Court issued an amended OSC, ordering Defendants to include in their response why this matter not should not be remanded in light of the Ninth Circuit's recent decision in Saldana v. Glenhaven Healthcare LLC, 2022 WL 518989 (9th Cir. Feb. 22, 2022), a case with striking similarities to this one. The Court ordered lead counsel for Defendants to submit a declaration explaining the failure to disclose the Ninth Circuit's decision in Saldana. On 3/8/2022, Rita Kanno, Defendants' lead counsel, submitted her declaration. Far from adequately explaining Defendants' failure to disclose the Ninth Circuit's Saldana decision, Ms. Kanno's declaration raises more questions about Defendants' conduct in this case. The Court ORDERS Defendants and Ms. Kanno to show cause at a hearing on 4/8/2022 08:30 AM before Judge Stanley Blumenfeld Jr. why the Court should not impose monetary or other appropriate sanctions against them, pursuant to its inherent authority, for deliberately failing to disclose adverse subsequent history in a case they cited in support of the stay request. Should Defendants and Ms. Kanno wish to provide a written response to this OSC, including an explanation with points and authorities of the ethical propriety of citing a district court's decision without noting its appellate history, she must file her response by not later than 3/25/2022. See document for further details. Court Reporter: N/A. (gk)
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| Filing 21 DECLARATION of Rita R. Kanno re Order on Motion to Stay Case,, #20 (Declaration of Rita R. Kanno Re Saldana Opinion) filed by Defendants Marylynn Mahan, P and M Healthcare Holdings, Inc., Phillip Weinberger. (Kanno, Rita) |
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Filing 20
MINUTES [In Chambers] ORDER DENYING REQUEST FOR STAY OF REMAND ORDER (Dkt. No. #19 ) by Judge Stanley Blumenfeld, Jr. Accordingly, Defendants' request is DENIED #19 . In denying the request, the Court has serious questions about defense counsels failure to disclose the Ninth Circuits decision in Saldana. Lead counsel for Defendants are hereby ORDERED to submit a declaration explaining this omission by no later than March 8, 2022. The declaration should not be used as an opportunity to reargue, or as an invitation to request reconsideration of, the stay motion. Rather, the declaration shall be limited to explaining the failure to disclose the Saldana decision on appeal. IT IS SO ORDERED. (lom)
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| Filing 19 NOTICE OF MOTION AND MOTION to Stay Case (Defendants' Request for Automatic 30-Day Stay of Enforcement of Court's February 28, 2022 Order to Remand) filed by Defendants Marylynn Mahan, P and M Healthcare Holdings, Inc., Phillip Weinberger. (Attachments: #1 Proposed Order (Granting Defendants' Request for Stay of Order to Remand)) (Kanno, Rita) |
| Filing 18 TRANSMITTAL of documents to Clerk, San Bernardino Superior Court, San Bernardino Justice Center. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Clerk, San Bernardino Superior Court, San Bernardino Justice Center. (gk) |
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Filing 17
MINUTE ORDER REMANDING CASE by Judge Stanley Blumenfeld, Jr.: On 2/24/2022, the Court issued an amended order to show cause (OSC), ordering Defendants to include in their response why this matter not should not be remanded in light of the Ninth Circuit's recent decision in Saldana v. Glenhaven Healthcare LLC, 2022 WL 518989 (9th Cir. Feb. 22, 2022), a case with striking similarities to this one #14 . Defendants filed their response to the OSC on the same day the Court issued its amended OSC #16 . Defendants have failed to demonstrate why the Court has subject matter jurisdiction over the state-law claims brought by Plaintiffs in this case. The Court therefore orders that this case be remanded to San Bernardino Superior Court, Case No. CIVSB2131956. The Court denies as moot Defendants' motion to dismiss #11 and request for judicial notice #13 . Court Reporter: N/A. (gk)
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| Filing 16 RESPONSE filed by Defendants Marylynn Mahan, P and M Healthcare Holdings, Inc., Phillip Weinbergerto Order to Show Cause,, #14 (Kanno, Rita) |
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Filing 15
ORDER SETTING SCHEDULING CONFERENCE by Judge Stanley Blumenfeld, Jr. The Court sets an in-person Scheduling Conference set for hearing on March 25, 2022 at 8:30 AM before Judge Stanley Blumenfeld Jr. The parties shall file a Joint Rule 26(f) Report by March 15, 2022. The parties are reminded that there remains an outstanding Order to Show Cause re: Remand (Dkt. No. #10 , #14 ). Despite the filing of the Motion to Dismiss (Dkt. No. #11 ) and the setting of this Scheduling Conference, the due date to respond to the Order to Show Cause re: Remand remains in place. (jgr)
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Filing 14
MINUTE AMENDED ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE REMANDED by Judge Stanley Blumenfeld, Jr: On 2/18/2022, the Court issued an order to show cause (OSC) why this matter should not be remanded to state court in light of the reasoning in two decisions by this Court addressing similar questions of federal jurisdiction. Dkt. No. #10 . Defendants' written response to the OSC remains due not later than 3/4/2022. However, Defendants should now include in their response why this matter should not be remanded to state court in light of Saldana. Defendants' response to this OSC may not exceed 20 pages in length. Court Reporter: N/A. (See attached document for further information). (jp)
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| Filing 13 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #11 filed by Defendants Marylynn Mahan, P and M Healthcare Holdings, Inc., Phillip Weinberger. (Kanno, Rita) |
| Filing 12 DECLARATION of Rita R. Kanno in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #11 filed by Defendants Marylynn Mahan, P and M Healthcare Holdings, Inc., Phillip Weinberger. (Kanno, Rita) |
| Filing 11 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Marylynn Mahan, P and M Healthcare Holdings, Inc., Phillip Weinberger. Motion set for hearing on 4/22/2022 at 08:30 AM before Judge Stanley Blumenfeld Jr.. (Attachments: #1 Proposed Order (Granting Defendants' Motion to Dismiss)) (Kanno, Rita) |
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Filing 10
MINUTE ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE REMANDED by Judge Stanley Blumenfeld, Jr.: By not later than 3/4/2022, Defendants are ordered to show cause (OSC) in writing why this matter should not be remanded to state court as this Court ordered in Estate of Calebb v. AG Lynwood, LLC, No. 2:20-CV-09746-SB-PVC, 2021 WL 911951 (C.D. Cal. Mar. 1, 2021) and Forman v. C.p.c.h., Inc., No. 2:21-CV-02845-SB-JEM, 2021 WL 2209308 (C.D. Cal. June 1, 2021). Court Reporter: N/A. (gk)
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Filing 9
INITIAL STANDING ORDER upon the filing of the complaint by Judge Stanley Blumenfeld, Jr. (jgr)
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| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 6 NOTICE OF ASSIGNMENT of Eastern Division Removal Case and Notice re Consent to proceed before a U.S. Magistrate Judge. This case was initially assigned to District Judge John W. Holcomb and referred to Magistrate Judge Shashi H. Kewalramani for discovery. Pursuant to General Order 21-01, this case has been randomly reassigned to District Judge Stanley Blumenfeld, Jr. The case number on all documents filed with the Court in this case should read as follows: 5:22-cv-00300 SB (SHKx). (lh) |
| Filing 5 REQUEST FOR JUDICIAL NOTICE (in Support of Defendants' Removal) filed by Defendants Marylynn Mahan, P & M Healthcare Holdings, Phillip Weinberger. (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) |
| Filing 4 NOTICE Defendants' Notice to Adverse Party of Removal of Action to Federal Court filed by Defendants Marylynn Mahan, P & M Healthcare Holdings, Phillip Weinberger. (Kanno, Rita) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendants Marylynn Mahan, P & M Healthcare Holdings, Phillip Weinberger, (Kanno, Rita) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Marylynn Mahan, P & M Healthcare Holdings, Phillip Weinberger. (Attachments: #1 Supplement (Certificate of Serve Re Civil Cover Sheet))(Kanno, Rita) |
| Filing 1 NOTICE OF REMOVAL from San Bernardino Superior Court, case number CIVSB2131956 with filing fee previously paid ($402 paid on 02/17/2022, receipt number 32810798), filed by Defendants Marylynn Mahan, P & M Healthcare Holdings, Phillip Weinberger. (Attachments: #1 Exhibit A (Re Defendants' Notice of Removal)) (Attorney Rita Rebecca Kanno added to party Marylynn Mahan(pty:dft), Attorney Rita Rebecca Kanno added to party P & M Healthcare Holdings(pty:dft), Attorney Rita Rebecca Kanno added to party Phillip Weinberger(pty:dft))(Kanno, Rita) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does, Marylynn Mahan, P and M Healthcare Holdings, Inc., Phillip Weinberger, filed by Plaintiffs Priscilla Luna, Theresa Roberts, John Roberts. (FILED IN SAN BERNARDINO COUNTY SUPERIOR COURT ON 11/12/2021 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
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