Delia Leon et al v. First Light Recovery et al
| Delia Leon |
| First Light Recovery, Corona Regional Medical Center Rehabilitation Hospital, Edwin Ruiz, KAISER FOUNDATION HEALTH PLAN, INC., a corporation, Kaiser Permanente Insurance Company, Inc., Kaiser Permanente, Kaiser Foundation Health Plan, Inc. and Does 3 to 100, inclusive |
| Corona Regional Medical Center |
| 8:2022cv01393 |
| July 27, 2022 |
| US District Court for the Central District of California |
| John D Early |
| James V Selna |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal - Medical Malpractice |
| None |
Docket Report
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| Filing 24 TRANSMITTAL of documents to Superior Court of California, County of Orange. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Superior Court of California, County of Orange. (es) |
Filing 23
ORDER ON STIPULATION TO REMAND THE CASE TO ORANGE COUNTY SUPERIOR COURT #22 by Judge James V. Selna. IT IS SO ORDERED It is further ordered that the Rule 26(f) Scheduling Conference set for September 26, 2022 at 10:30am is hereby vacated. The case is remanded to the Superior Court of California for the County of Orange. Case Terminated. Made JS-6 (es)
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| Filing 22 STIPULATION to Remand Case to State Court filed by Plaintiff Delia Leon.(Attorney James Roy Alquist added to party Delia Leon(pty:pla))(Alquist, James) |
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Filing 21
MINUTES [IN CHAMBERS] Order Regarding Motions to Dismiss [13, 17] by Judge James V. Selna: As the Kaiser Defendants are no longer parties to this action, the Court DENIES their motions to dismiss as MOOT. Denying as moot #13 MOTION to Dismiss; Denying as moot #17 MOTION to Dismiss. [See document for further information.] (es)
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| Filing 20 NOTICE of Voluntary Dismissal filed by Plaintiff Kaiser Foundation Health Plan, Inc.. Dismissal is without prejudice. (Alquist, James) |
| Filing 19 ANSWER to Amended Complaint, filed by Defendant Corona Regional Medical Center.(Attorney Jonquil Linda Whitehead added to party Corona Regional Medical Center(pty:dft))(Whitehead, Jonquil) |
| Filing 18 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint as to Defendants Kaiser Foundation Health Plan Inc., and Kaiser Permanente Insurance Company erroneously sued as Kaiser Permanente #17 filed by Defendants Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company, Inc.. (Law, Alan) |
| Filing 17 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint as to Defendants Kaiser Foundation Health Plan Inc., and Kaiser Permanente Insurance Company erroneously sued as Kaiser Permanente filed by Defendant Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company, Inc.. Motion set for hearing on 9/12/2022 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Motion to Dismiss Pursuant to Fed. R. Civ. Proced. 12(b)(6), #2 Declaration of Alan Law in Support of Motion to Dismiss 12(b)(6), #3 Proposed Order Granting Motion to Dismiss 12(b)(6) Motion) (Law, Alan) |
| Filing 16 NOTICE OF ERRATA filed by Defendants Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company, Inc.. correcting NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Fed R. Civ. Proc. 12(b)(6) #13 , Declaration (Motion related), #14 , Memorandum in Support of Motion #11 , Request for Judicial Notice #12 (Law, Alan) |
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Filing 15
Order Setting Rule 26(f) Scheduling Conference for 9/26/2022 at 10:30 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 9/19/2022. (lb)
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| Filing 14 DECLARATION of Alan Law in Support of Motion to Dismiss Pursuant to Fed. R. Civ. Proc. 12(b)(6) NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Fed R. Civ. Proc. 12(b)(6) #13 and Exhibits A - C filed by Defendants Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company, Inc.. (Law, Alan) |
| Filing 13 NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Fed R. Civ. Proc. 12(b)(6) filed by Defendant Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company, Inc.. Motion set for hearing on 9/12/2022 at 01:30 PM before Judge James V. Selna. (Law, Alan) |
| Filing 12 REQUEST FOR JUDICIAL NOTICE In Support of Motion to Dismiss Pursuant to Fed. R. Civ. Proc. 12(b)(6) filed by Defendants Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company, Inc.. (Law, Alan) |
| Filing 11 MEMORANDUM in Support Motion to Dismiss Pursuant to Fed. R. Civ. Procedure 12(b)(6) filed by Defendants Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company, Inc.. (Law, Alan) |
| Filing 10 CERTIFICATE OF SERVICE filed by Defendanta Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company, Inc., re Initial Order upon Filing of Complaint - form only #9 served on 07.29.2022. (Law, Alan) |
| Filing 9 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
| Filing 8 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Miscellaneous Document #4 . The following error(s) was found: Other error(s) with document(s): Incorrect event selected. Correct event to be used is Jury Demand. You need not take any action in response to this notice unless and until the Court directs you to do so. (ghap) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge John D. Early. (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Delia Leon, upon Defendant Corona Regional Medical Center Rehabilitation Hospital served on 4/6/2022, answer due 4/27/2022. Service of the Summons and Complaint were executed upon Daisy Montenegro - CT Process Specialist in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 4/11/2022 SUBMITTED ATTACHED EXHIBIT C) (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Delia Leon, upon Defendant Corona Regional Medical Center served on 1/5/2022, answer due 1/26/2022. Service of the Summons and Complaint were executed upon Richard E. Bourestion-Agent for Service in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (FILED IN STATE COURT ON 3/15/2022 SUBMITTED ATTACHED EXHIBIT C) (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Delia Leon, upon Defendant First Light Recovery served on 1/10/2022, answer due 1/31/2022. Service of the Summons and Complaint were executed upon Neal Patel-Agent for Service in compliance with California Code of Civil Procedure by substituted service at home address and by also mailing a copy.Original Summons NOT returned. (FILED IN STATE COURT ON 1/12/2022 SUBMITTED ATTACHED EXHIBIT C) (ghap). |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Corona Regional Medical Center, Corona Regional Medical Center Rehabilitation Hospital, Does 1 through 50, inclusive, First Light Recovery., filed by plaintiff Delia Leon. (FILED IN STATE COURT ON 12/17/2021 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Delia Leon, upon Defendant Corona Regional Medical Center served on 4/14/2022, answer due 5/5/2022. Service of the Summons and Complaint were executed upon Lai Saevang-CSC Agent for Service in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 4/20/2022 SUBMITTED ATTACHED EXHIBIT C) (ghap) |
| CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery), filed by Defendant First Light Recovery. (FILED IN STATE COURT ON 1/27/2022 SUBMITTED ATTACHED EXHIBIT D)(ghap) |
| CONFORMED FILED COPY OF AMENDED COMPLAINT amending Amended Complaint, plaintiff being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of DOE 21 and having discovered the true name of the defendant to be Kaiser Foundation Health Plan, Inc., filed by plaintiff Delia Leon. (FILED IN STATE COURT ON 6/16/2022 SUBMITTED ATTACHED EXHIBIT I)(ghap) |
| CONFORMED FILED COPY OF AMENDED COMPLAINT amending Amended Complaint, plaintiff being ignorant of the true name of the defendant and having designated the defendant in the complaint by the fictitious name of DOE 22 and having discovered the true name of the defendant to be Kaiser Permanente Insurance Company., filed by plaintiff Delia Leon. (FILED IN STATE COURT ON 6/16/2022 SUBMITTED ATTACHED EXHIBIT I)(ghap) |
| CONFORMED FILED COPY OF FIRST AMENDED COMPLAINT against Defendants Corona Regional Medical Center, Does 1 through 100, inclusive, First Light Recovery, Kaiser Permanente. amending Complaint - (Discovery),, filed by plaintiff Delia Leon. (FILED IN STATE COURT ON 6/10/2022 SUBMITTED ATTACHED EXHIBIT H)(ghap) |
| Filing 4 Demand for Jury Trial re: Corporate Disclosure Statement #3 , Notice of Removal (Attorney Civil Case Opening),,,,, #1 , Civil Cover Sheet (CV-71) #2 (Law, Alan) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendants KAISER FOUNDATION HEALTH PLAN, INC., a corporation, Kaiser Permanente, Kaiser Permanente Insurance Company, Inc. (Law, Alan) |
| Filing 2 CIVIL COVER SHEET filed by Defendants First Light Recovery, KAISER FOUNDATION HEALTH PLAN, INC., a corporation, Kaiser Permanente, Kaiser Permanente Insurance Company, Inc.. (Law, Alan) |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior, case number 30-2021-01237078-CU-PO-NJC Receipt No: ACACDC-33707902 - Fee: $402, filed by Defendants Kaiser Permanente, KAISER FOUNDATION HEALTH PLAN, INC., a corporation, Kaiser Permanente Insurance Company, Inc.. (Attachments: #1 Exhibit Complaint for Damages, #2 Exhibit Civil Case Cover Sheet (State Court), #3 Exhibit Summons and Proofs of Service, #4 Exhibit First Light Recovery Answer to Complaint, #5 Exhibit Notice of Case Management Conference and Case Management Statements, #6 Exhibit Notice of Association of Counsel, #7 Exhibit Notice of Motion to File First Amended Complaint, #8 Exhibit First Amended Complaint, #9 Exhibit Doe 21 and Doe 22 Amendments to First Amended Complaint, #10 Exhibit Corona Regional Demurrer, Declaration to First Amended Complaint, Plaintiff Opposition, Reply and Sur Reply, #11 Exhibit First Light Recover Answer to First Amended Complaint, #12 Exhibit Miscellaneous Payment Documents and Nunc Pro Tunc Order, #13 Exhibit Notice to Adverse Party of Removal to Federal Court, #14 Exhibit Orange County Superior Court Docket) (Attorney Alan Frank Law added to party KAISER FOUNDATION HEALTH PLAN, INC., a corporation (pty:dft), Attorney Alan Frank Law added to party Kaiser Permanente(pty:dft), Attorney Alan Frank Law added to party Kaiser Permanente Insurance Company, Inc.(pty:dft))(Law, Alan) |
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