Gonzalez et al v. Redwood Springs Healthcare Center et al
| Ramona Rodriguez, Roberto Gonzalez, Americo Gonzalez, Tarcila Reveles, Marisusi Rodriguez, Santiago Gonzalez, Jamie Gonzalez and Jorge Gonzalez |
| Redwood Springs Healthcare Center and Spruce Holdings, LLC |
| 1:2020cv01260 |
| September 4, 2020 |
| US District Court for the Eastern District of California |
| Erica P Grosjean |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1331 |
| Both |
Docket Report
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| Document Text |
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| Filing 19 NOTICE OF SUPPLEMENTAL AUTHORITY by Redwood Springs Healthcare Center re #16 Opposition to Motion. (Attachments: #1 Exhibit A-HHS Advisory Opinion 10.22.20)(Cruz, Kim) |
| Filing 18 REPLY by Jamie Gonzalez to RESPONSE to #11 Motion to Remand,. (Paboojian, Warren) |
| Filing 17 REQUEST for JUDICIAL NOTICE by Redwood Springs Healthcare Center in re #16 Opposition to Motion. (Attachments: #1 Exhibit A-Dec of HSS Secretary Invoking PREP Act, #2 Exhibit B-CMS Quality Safety & Oversight-Certification & Compliance, #3 Exhibit C-CMS 2/6/20 Memo, #4 Exhibit D-Criteria to Guide Evaluation of Patients, #5 Exhibit E-Determination by Azar Re: Public Health Emergency, #6 Exhibit F-2/28/20 Updated Interim Guidance, #7 Exhibit G-CMS 3/4/20 Memo, #8 Exhibit H-Updated Guidance on Evaluating and Testing, #9 Exhibit I-CMS 3/10/20 Memo, #10 Exhibit J-CMS 3/13/20 Memo, #11 Exhibit K-CMS 3/17/20 Memo, #12 Exhibit L-3/20/2020 CMS Memo (Part 1), #13 Exhibit L-1 3/20/20 CMS Memo (Part 2), #14 Exhibit L-2 3/20/20 CMS Memo (Part 3), #15 Exhibit M-3/21/20 CDC Prep for Covid-19, #16 Exhibit N-4/2/20 CMS Covid-19 LTCF Guidcance, #17 Exhibit O-Amended HHS Sec Dec Re PREP Act, #18 Exhibit P-Second Amended Dec of HHS Sec, #19 Exhibit Q-Advisory Op by HHS General Counsel, #20 Exhibit R-List of Covered Countermeasures, #21 Exhibit S-HHS General Counsel re Covered Persons)(Cruz, Kim) |
| Filing 16 OPPOSITION by Redwood Springs Healthcare Center to #11 Motion to Remand,. (Attachments: #1 Declaration Declaration of Kim S. Cruz in Opposition to Motion to Remand)(Cruz, Kim) |
Filing 15
MINUTE ORDER: (TEXT ENTRY ONLY) Before the court for decision is plaintiffs' request to stay briefing (Doc. No. #12 ) on the pending motion to dismiss (Doc. No. #7 ) until the court rules on plaintiffs' motion to remand (Doc. No. #11 ). Having carefully considered that request, along with defendant's opposition to any such stay (Doc. No. #13 ), and having preliminarily reviewed the content of the motion to dismiss and the motion to remand, the court GRANTS the request to stay briefing on the motion to dismiss. As defendant acknowledges, there is considerable overlap between the issues raised in the two motions. Most notably, both motions address the question of the extent to which plaintiffs' state law claims of elder abuse and negligence implicate the federal Public Readiness and Emergency Preparedness Act ("PREP Act"). Defendant argues that "consideration of both motions together would benefit the Court in light of the important and novel issues of law presented in both motions" and highlights the fact that the "Motion to Dismiss contains a very extensive discussion of the applicability of the PREP Act." (Doc. No. #13 at 3.) This is exactly why the court will not entertain both motions simultaneously. This court is facing an extraordinary shortage of judicial resources. If the court does not have subject matter jurisdiction over plaintiffs' state law claims, the court cannot justify taking the time to consider the papers related to the motion to dismiss. Defendant must make appropriate arguments about how the PREP Act triggers subject matter jurisdiction within its opposition to the motion to remand. Accordingly, the court finds it appropriate to stay briefing on the motion to dismiss because doing so will best preserve judicial and party resources and because such a stay is unlikely to cause prejudice to either party. Finally, to the extent the court's standing order re judicial emergency (Doc. No. #4 -2) does not make it abundantly clear, the court will take all civil motions under submission on the papers unless and until the court determines oral argument would be helpful, in which case the court will contact the parties. The parties are warned that civil motions and trials set before district judges in this district are experiencing significant delays. All parties are encouraged to consider consenting to magistrate judge jurisdiction over this action for all purposes signed by District Judge Dale A. Drozd on October 9, 2020. (Munoz, I)
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| Filing 14 REQUEST for Oral Argument on Defendant's Motion to Dismiss and Motion to Strike by Redwood Springs Healthcare Center re #7 MOTION to DISMISS filed by Redwood Springs Healthcare Center. (Attachments: #1 Proposed Order)(Cruz, Kim) |
| Filing 13 OPPOSITION by Defendant Redwood Springs Healthcare Center to #12 Request. (Cruz, Kim) |
| Filing 12 REQUEST for Stay of Briefing on Motion to Dismiss Pending Ruling on Motion to Remand by Jamie Gonzalez. (Attachments: #1 Proposed Order Proposed Order)(Paboojian, Warren) |
| Filing 11 MOTION to REMAND by Jamie Gonzalez. Motion Hearing set for 11/2/2020 at 09:30 AM in Courtroom 4 before UnassignedDJ. (Attachments: #1 Points and Authorities Points and Authorities, #2 Proposed Order Proposed Order)(Paboojian, Warren) |
| Filing 10 PROPOSED ORDER re Defendant Spruce Holdings, LLC dba Redwood Spring Healthcare Center's Motion to Dismiss (FRCP 12(b)(6) and Motion to Strike (FRCP 12(f) re #7 Motion to Dismiss. (Cruz, Kim) |
| Filing 9 DECLARATION of Kim S. Cruz, Esq. in support of #7 Motion to Dismiss. (Attachments: #1 Exhibit 8-31-20 Meet and Confer)(Cruz, Kim) |
| Filing 8 REQUEST for JUDICIAL NOTICE by Redwood Springs Healthcare Center in re #7 Motion to Dismiss. (Attachments: #1 Exhibit A-HHS Sec Invoking PREP Act, #2 Exhibit B-Amended HHS Sec Dec Re PREP Act, #3 Exhibit C-2nd Amended Dec of HHS Sec, #4 Exhibit D-Advisory Op by HHS General Counsel, #5 Exhibit E-PREP Act Covered Countermeasures, #6 Exhibit F-HHS Gen Counsel Letter Re Covered Persons, #7 Exhibit G-CMS March 13, 2020 Memo, #8 Exhibit H-CDC Optimizing N95s, #9 Exhibit I-March 21, 2020 CDC Prep for COVID-19, #10 Exhibit J-7/31/20 CDC Guidance, #11 Exhibit K-CDC-How Corona virus spreads)(Cruz, Kim) |
| Filing 7 MOTION to DISMISS by Redwood Springs Healthcare Center. Motion Hearing set for 10/30/2020 at 09:30 AM in Courtroom 4 before UnassignedDJ. (Cruz, Kim) |
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Filing 6
Order re stipulation to extend time for Defendants to respond to Plaintiff's complaint, signed by Magistrate Judge Erica P. Grosjean on 9/11/2020. (Filing Deadline: 9/25/2020) (Rosales, O.)
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| Filing 5 STIPULATION and PROPOSED ORDER for Extension of Time for Defendants to Respond to Plaintiffs' Complaint by Redwood Springs Healthcare Center. (Cruz, Kim) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 1/26/2021 at 10:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: #1 Standing Order, #2 Standing Order re Judicial Emergency, #3 Consent Form, #4 VDRP) (Marrujo, C) |
| Filing 3 REQUEST for JUDICIAL NOTICE by Spruce Holdings, LLC dba Redwood Springs Healthcare Center. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Confirmation Email, #3 Exhibit Rural Community Workers Alliance v. Smithfield Foods, Inc., #4 Exhibit PREP Act Declaration, #5 Exhibit Amended Dec Invoking PREP Act, #6 Exhibit Second Amended Dec Invoking PREP Act, #7 Exhibit PREP Act Advisory Op by HHS, #8 Exhibit PREP Act covered devices and tests, #9 Exhibit HHS Letter Prep Act)(Cruz, Kim) |
| Filing 2 CIVIL COVER SHEET by Spruce Holdings, LLC dba Redwood Springs Healthcare Center (Cruz, Kim) |
| Filing 1 NOTICE of REMOVAL from Superior Court of California County of Tulare, case number VCU283547 by All Defendants. (Attachments: #1 Exhibit Exhibit 1-Superior Court Pleadings)(Cruz, Kim) |
| RECEIPT number 0972-9097671 for $400.00 for Spruce Holdings, LLC from Cruz, Kim S. (Rivera, O) |
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