Lucy Utu v. Manor Care of Fountain Valley, CA, LLC et al
| Lucy Utu |
| Manor Care of Fountain Valley, CA, LLC Erroneously Sued As Manor Care of Fountain Valley, CA, LLC doing business as ManorCare Health Services - Fountain Valley, Does 1-20, inclusive, Mary A. Tran, Does 2 - 20, inclusive and Doe |
| 8:2022cv01656 |
| September 7, 2022 |
| US District Court for the Central District of California |
| John D Early |
| Karen E Scott |
| James V Selna |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 Notice of Removal - Medical Malpractice |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 13, 2022. A more recent docket listing may be available from PACER.
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Filing 44
ORDER GRANTING PLAINTIFF'S MOTION FOR VOLUNTARY DISMISSAL OF THE COMPLAINT WITBOUT PREJUDICE [FRCP 41(a)(2)] #39 by Judge James V. Selna. The motion is therefore GRANTED, and this action is dismissed without 18 prejudice. ( MD JS-6. Case Terminated ) (lom)
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Filing 43
ORDER DENYING DEFENDANT'S REQUEST TO CONTINUE PLAINTIFF'S MOTION TO DISMISS #42 by Judge James V. Selna. (lom)
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| Filing 42 First REQUEST to Reschedule Hearing on Plaintiff's Motion to Dismiss filed by Defendant Manor Care of Fountain Valley, CA, LLC. Request set for hearing on 1/30/2023 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum Request to Continue Hearing, #2 Proposed Order, #3 Exhibit Certificate of Service) (Attorney Timothy K. Daveler added to party Manor Care of Fountain Valley, CA, LLC(pty:dft)) (Daveler, Timothy) |
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Filing 41
Order Setting Rule 26(f) Scheduling Conference for 1/23/2023 at 10:30 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 1/13/2023. (lb)
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Filing 40
MINUTES [IN CHAMBERS] Order Regarding Motion to Substitute #11 andMotion to Remand #12 by Judge James V. Selna: The Court DENIES the motions. The Court finds that oral argument would not be helpful in this matter. Fed R. Civ. P. 78; L.R. 7-15. [see document for further information] (et)
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| Filing 39 NOTICE OF MOTION AND MOTION to Dismiss Case Without Prejudice filed by Plaintiff Lucy Utu. Motion set for hearing on 12/19/2022 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Elva Utu, #3 Declaration of Lukas I. Pick, #4 Proposed Order) (Pick, Lukas) |
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Filing 38
ORDER DENIED BY ORDER OF THE COURT by Judge James V. Selna: DENYING #34 DEFENDANT MANOR CARE OF FOUNTAIN VALLEY CA, LLC'S EX PARTE APPLICATION FOR LEAVE TO FILE SUR-REPLY IN OPPOSITION TO PLAINTIFF'S MOTION TO SUBSTITUTE MARY A. TRAN, D.O. AS FICTITIOUSLY NAMED DEFENDANT DOE 1, AND PLAINTIFF'S MOTION TO REMAND. (es)
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| Filing 37 Notice of Appearance or Withdrawal of Counsel: for attorney Kimberly Arouh counsel for Defendant Manor Care of Fountain Valley, CA, LLC. Stephanie M. Atkinson is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Manor Care of Fountain Valley CA, LLC. (Attachments: #1 Certificate of Service)(Arouh, Kimberly) |
| Filing 36 [IN CHAMBERS[Text Only Entry: The tentative ruling having been posted in this matter, the Hearing on Motion to Substitute #11 and Motion to Remand #12 set for 11/7/2022 at 1:30 pm is VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lb) TEXT ONLY ENTRY |
| Filing 35 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #12 , NOTICE OF MOTION AND MOTION to Substitute Defendant Mary A. Tran, D.O. for Defendant Doe 1 #11 , to Substitute #28 , to Remand Case to #29 [Sur-Response in Opposition] filed by Defendant Manor Care of Fountain Valley, CA, LLC. (Attachments: #1 Certificate of Service)(Bootier, Michael) |
| Filing 34 EX PARTE APPLICATION for Leave to file Sur-Reply in Opposition to Plaintiff's Motion to Substitute Mary A. Tran, D.O. as Fictitiously Named Defendant DOE 1, and Plaintiff's Motion to Remand filed by Defendant Manor Care of Fountain Valley, CA, LLC. (Attachments: #1 Proposed Order Granting Defendant's Ex Parte Application for Leave to File Sur-Reply in Opposition to Plaintiff's Motion to Substitute Mary A. Tran, D.O. as Fictitiously Name Defendant DOE 1, and Plaintiff's Motion to Remand, #2 Certificate of Service) (Bootier, Michael) |
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Filing 33
ORDER DENIED BY ORDER OF THE COURT by Judge James V. Selna: DENYING #32 PLAINTIFF'S EX PARTE APPLICATION TO CONTINUE HEARINGS ON PLAINTIFF'S MOTION TO SUBSTITUTE DOE-1 AND REMAND CASE TO STATE COURT. (es)
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| Filing 32 EX PARTE APPLICATION to Continue Motion to Substitute Doe-1 and Motion to Remand from November 7 to December 19 filed by Plaintiff Lucy Utu. (Attachments: #1 Declaration in Support of Request to Continue Hearings) (Pick, Lukas) |
| Filing 31 Acknowledgement Receipt of Order Striking 10/6/22 Order from Superior Court issued 10/7/2022. Received 10/26/22. Transmittal G-17 (es) |
| Filing 30 Notice Suggestion of Death filed by Plaintiff Lucy Utu. (Pick, Lukas) |
| Filing 29 [PLAINTIFF'S NOTICE OF MOTION AND MOTION TO REMAND [28 U.S.C. 1447(C)] filed as] NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #12 (Attachments: #1 Proposed Order)(Pick, Lukas) Modified on 10/28/2022 (es). |
| Filing 28 [PLAINTIFF'S NOTICE OF MOTION AND MOTION TO SUBSTITUTE MARY A. TRAN, D.O. AS FICTITIOUSLY NAMED DEFENDANT DOE 1 filed as] NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Substitute Defendant Mary A. Tran, D.O. for Defendant Doe 1 #11 (Attachments: #1 Proposed Order)(Pick, Lukas) Modified on 10/28/2022 (es). |
| Filing 27 REPLY Support NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #12 filed by Plaintiff Lucy Utu. (Pick, Lukas) |
| Filing 26 REPLY Support NOTICE OF MOTION AND MOTION to Substitute Defendant Mary A. Tran, D.O. for Defendant Doe 1 #11 filed by Plaintiff Lucy Utu. (Attachments: #1 Declaration of Lukas I. Pick, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Pick, Lukas) |
| Filing 25 Notice of Electronic Filing re Receipt #24 , Response in Opposition to Motion, #23 , Response in Opposition to Motion,, #22 e-mailed to Stephanie M. Atkinson bounced due to No Longer with the Firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY |
| Filing 24 Receipt of Acknowledgement of Remand to Superior Court (G-17) received by Superior Court of California, County of Orange on 10/13/2022. (es) |
| Filing 23 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #12 filed by Defendant Manor Care of Fountain Valley, CA, LLC. (Attachments: #1 Proposed Order Denying Plaintiff's Motion to Remand Case to State Court, #2 Certificate of Service)(Bootier, Michael) |
| Filing 22 OPPOSITION to NOTICE OF MOTION AND MOTION to Substitute Defendant Mary A. Tran, D.O. for Defendant Doe 1 #11 filed by Defendant Manor Care of Fountain Valley, CA, LLC. (Attachments: #1 Declaration of Michael W. Bootier in Support of Defendant Manor Care of Fountain Valley CA, LLC's Opposition to Plaintiff's Motion to Substitute Mary A. Tran, D.O. as Fictitiously Named Defendant DOE 1, #2 Proposed Order Denying Plaintiff's Motion to Substitute Mary A. Tran, D.O. as Ficticiously Named Defendant DOE 1, #3 Certificate of Service)(Bootier, Michael) |
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Filing 21
ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION TO SUBSTITUTE MARY A. TRAN, D.O. AS FICTITIOUSLY NAMED DEFENDANT DOE 1 AND REMAND CASE TO STATE COURT #11 #12 by Judge James V. Selna. (lom)
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| Filing 20 OPPOSITION to EX PARTE APPLICATION to Substitute Defendant Mary A. Tran, D.O. for Defendant Doe 1 and Remand Case to State Court #15 filed by Defendant Manor Care of Fountain Valley, CA, LLC. (Attachments: #1 Declaration of Michael W. Bootier in Support of Defendant Manor Care of Fountain Valley CA, LLC's Opposition to Plaintiff's Ex Parte Application to Substitute Mary A. Tran, D.O. as Defendant DOE 1 and Remand Case to State Court, #2 Proposed Order Denying Plaintiff's Ex Parte Application to Substitute Mary A. Tran, D.O. as Defendant DOE 1 and Remand Case to State Court, #3 Certificate of Service)(Bootier, Michael) |
| Filing 19 TRANSMITTAL of documents to Superior Court of California, County of Orange. A certified copy of the order striking 10/6/22 order and a copy of the docket sheet from this court was sent to Superior Court of California, County of Orange. (es) |
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Filing 18
MINUTES ORDER [IN CHAMBERS] ORDER STRIKING 10/6/22 ORDER by Judge James V. Selna. The Court STRIKES the order entered October 6, 2022 as improvidently enteredwithout give the other side the time to respond. The motions previously set for November 7, 2022 (Motion to Substituted Defendant #11 and Motion to Remand #12 are reinstated and the briefing schedule remains the same. (Made JS-5, Case reopened) (es)
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| Filing 17 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) |
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Filing 16
[STRICKEN BY ORDER OF THE COURT SEE DKT. #18 ] ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION TO SUBSTITUTE MARY A. TRAN, D.O. AS FICTITIOUSLY NAMED DEFENDANT DOE 1 AND REMAND CASE TO STATE COURT by Judge James V. Selna: Granting #15 EX PARTE APPLICATION to Substitute Party. It is therefore ordered that Mary A. Tran, D.O. is substituted as fictitiously named Defendant Doe 1, and that this case be remanded to the Orange County Superior Court. Motion to Substitute Defendant and Motion for Remand set for November 7, 2022 at 1:30 p.m. are ordered OFF CALENDAR and VACATED. MD JS-6 Case terminated. (es) Modified on 10/7/2022 (es).
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| Filing 15 EX PARTE APPLICATION to Substitute Defendant Mary A. Tran, D.O. for Defendant Doe 1 and Remand Case to State Court filed by Plaintiff Lucy Utu. (Attachments: #1 Declaration of Lukas I. Pick, #2 Proposed Order) (Pick, Lukas) |
| Filing 14 CERTIFICATE OF SERVICE filed by Defendant Manor Care of Fountain Valley, CA, LLC, re Initial Order upon Filing of Complaint - form only #13 served on 10/04/2022. (Atkinson, Stephanie) |
| Filing 13 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
| Filing 12 NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court filed by Plaintiff Lucy Utu. Motion set for hearing on 11/7/2022 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Lukas I. Pick) (Pick, Lukas) |
| Filing 11 NOTICE OF MOTION AND MOTION to Substitute Defendant Mary A. Tran, D.O. for Defendant Doe 1 filed by Plaintiff Lucy Utu. Motion set for hearing on 11/7/2022 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Lukas I. Pick) (Pick, Lukas) |
| Filing 10 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Karen E. Scott to Judge James V. Selna for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge John D. Early. The case number will now reflect the initials of the transferee Judges 8:22-cv-01656 JVS(JDEx). (rn) |
| Filing 9 ELECTION REGARDING CONSENT to Proceed before a United States Magistrate Judge Declined, in accordance with Title 28 Section 636c filed by Defendant Manor Care of Fountain Valley, CA, LLC. The Defendant does not consent. (Attachments: #1 Certificate of Service)(Arouh, Kimberly) |
| Filing 8 CERTIFICATE OF SERVICE filed by Defendant Manor Care of Fountain Valley, CA, LLC, re Intradistrict Transfer - Clerical Error (G-73) - optional html form, #2 , Certificate/Notice of Interested Parties, #5 , Notice of Removal (Attorney Civil Case Opening),, #1 , Notice to Counsel (CV-20a) Magistrate Judge Direct Assignment Program - optional html form #3 served on 9/8/2022. (Atkinson, Stephanie) |
| Filing 7 CERTIFICATE OF SERVICE filed by Defendant Manor Care of Fountain Valley, CA, LLC, re Answer to Complaint (Discovery) #6 served on 9/13/2022. (Atkinson, Stephanie) |
| Filing 6 ANSWER to Complaint - (Discovery) with JURY DEMAND filed by Defendant Manor Care of Fountain Valley, CA, LLC.(Atkinson, Stephanie) |
| Filing 5 NOTICE of Interested Parties filed by Defendant Manor Care of Fountain Valley, CA, LLC, identifying HCR IV Healthcare, LLC; ProMedica Health System, Inc.; and ProMedica Indemnity Corporation. (Attachments: #1 Certificate of Service)(Atkinson, Stephanie) |
| Filing 4 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 3 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Karen E. Scott. (Attachments: #1 CV-11C Statement of Consent to Proceed Before a United States Magistrate Judge) (ghap) |
| Filing 2 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to clerical error. Case is transferred to the Southern Division. Case has been reassigned to Magistrate Judge Karen E. Scott for all further proceedings. New Case Number 8:22-cv-1656 KES. (ghap) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1-20, inclusive, Manor Care of Fountain Valley, CA, LLC. Jury Demanded., filed by plaintiff Lucy Utu. (FILED IN STATE COURT ON 8/5/2022 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, County of Orange, case number 30-2022-01273828-CU-PO-CJC Receipt No: ACACDC-33943932 - Fee: $402, filed by Defendant Manor Care of Fountain Valley, CA, LLC dba ManorCare Health Services - Fountain Valley. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Civil Cover Sheet) (Attorney Stephanie M Atkinson added to party Manor Care of Fountain Valley, CA, LLC dba ManorCare Health Services - Fountain Valley(pty:dft))(Atkinson, Stephanie) |
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