Gagliolo v. Kaweah Manor, Inc., et al
| Gary Gagliolo |
| Kaweah Manor, Inc. Doing business as Kaweah Manor Convalescent Hospital and Spruce Holdings, LLC Doing business as Redwood Springs Healthcare Center |
| 1:2020cv01719 |
| December 7, 2020 |
| US District Court for the Eastern District of California |
| Stanley A Boone |
| Jennifer L Thurston |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 Petition for Removal- Medical Malpractice |
| Both |
Docket Report
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This docket was last retrieved on October 4, 2022. A more recent docket listing may be available from PACER.
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Filing 51
MINUTE ORDER signed by Magistrate Judge Stanley A. Boone on 2/07/2022: (Text Only Entry) Due to the current status of the case, the Initial Scheduling Conference set for 2/15/2022 before Magistrate Judge Boone is vacated. (Gonzales, V)
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Filing 50
STANDING ORDER signed by District Judge Jennifer L. Thurston on 1/25/2022. (Jessen, A)
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Filing 49
ORDER by Chief Judge Kimberly J. Mueller: Due to the appointment of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is reassigned from *Unassigned DJ* to District Judge Jennifer L. Thurston for all further proceedings. (Sant Agata, S)
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Filing 48
ORDER STAYING CASE Pending Ninth Circuit Ruling, signed by District Judge Dale A. Drozd on 12/15/2021. (Maldonado, C)
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Filing 47
ORDER to SHOW CAUSE why action should not be stayed pending Ninth Circuit Decision signed by District Judge Dale A. Drozd on 11/9/2021. (Lundstrom, T)
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Filing 46
ORDER OF CLARIFICATION re district judge availability to hear matters in the Eastern District of California. (Gonzalez, R)
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Filing 45
MINUTE ORDER signed by Magistrate Judge Stanley A. Boone on 10/04/2021: (Text Only Entry) Due to the pending Motion to Dismiss (Doc. No. #17 ), the Initial Scheduling Conference is reset from 10/19/2021 to 2/15/2022 at 10:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. A Joint Scheduling Conference Report is due one week before the new conference date. If the motion is decided prior to the scheduled date, the parties may request that the scheduling conference be advanced by contacting the courtroom deputy. (Gonzales, V)
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Filing 44
ORDER ADOPTING #40 Findings and Recommendations and Denying #34 Motion for Good Faith Settlement Without Prejudice to Renewal Following Decision on Pending Motion to Remand, signed by District Judge Dale A. Drozd on 6/29/2021. (Marrujo, C)
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Filing 43
ORDER DISREGARDING STIPULATION TO CONTINUE. Signed by Magistrate Judge Stanley A. Boone on 6/21/2021(Hernandez, M)
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Filing 42
NOTICE to Disregard Joint Stipulation to Continue 6.14.21 Scheduling Conference by Kaweah Manor, Inc., Spruce Holdings, LLC re #41 Stipulation. (Cruz, Kim)
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Filing 41
STIPULATION to Continue the June 24, 2021 Scheduling Conference by Spruce Holdings, LLC. (Attachments: #1 Proposed Order)(Cruz, Kim)
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Filing 40
FINDINGS and RECOMMENDATIONS RECOMMENDING HOLDING MOTION FOR GOOD FAITH SETTLEMENT IN ABEYANCE OR DENYING WITHOUT PREJUDICE UNTIL A DECISION ON MOTION TO REMAND IS ISSUED. ORDER VACATING JUNE 9, 2021 HEARING. OBJECTIONS DUE WITHIN FOURTEEN DAYS Signed by Magistrate Judge Stanley A. Boone on 6/8/2021.(Hernandez, M)
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Filing 39
NOTICE OF WITHDRAWAL OF MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT by Kaweah Manor, Inc. re #34 MOTION MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT PURSUANT C.C.P. SECTION 877.6(a)(2). (McIntyre, Lann)
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Filing 38
SUPPLEMENT by Kaweah Manor, Inc. re #36 Order,. (McIntyre, Lann)
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Filing 37
NOTICE of Supplemental Authority in Support of Opposition to Plaintiff's Motion to Remand by Spruce Holdings, LLC re #22 REQUEST for Judicial Notice by Kaweah Manor, Inc., Spruce Holdings, LLC re #21 Opposition to Motion filed by Kaweah Manor, Inc., Spruce Holdings, LLC., #21 Opposition to Motion. (Attachments: #1 Exhibit A- Rachal decision)(Topol, Evan)
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Filing 36
ORDER REQUIRING DEFENDANT KAWEAH TO PROVIDE SUPPLEMENTAL BRIEFING ON DEFENDANTS MOTION FOR GOOD FAITH SETTLEMENT AND PARTIES STIPULATION RE GOOD FAITH SETTLEMENT. (ECF Nos. 34, 35). DEADLINE: JUNE 2, 2021. Signed by Magistrate Judge Stanley A. Boone on 5/19/2021(Hernandez, M)
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Filing 35
STIPULATION and PROPOSED ORDER for JOINT STIPULATION ON GOOD FAITH SETTLEMENT by Kaweah Manor, Inc.. (McIntyre, Lann)
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Filing 34
MOTION MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT PURSUANT C.C.P. SECTION 877.6(a)(2) by Kaweah Manor, Inc.. Motion Hearing set for 6/9/2021 at 10:00 AM in Courtroom 9 (SAB) before UnassignedDJ. (Attachments: #1 Proposed Order)(McIntyre, Lann)
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Filing 33
ORDER DENYING #30 DEFENDANT'S REQUEST TO SEAL WITHOUT PREJUDICE, signed by Magistrate Judge Stanley A. Boone on 4/20/2021. IT IS HEREBY ORDERED that: Defendant Kaweah's request to seal documents (ECF No. #30 ), is DENIED without prejudice; and if Defendant Kaweah seeks to seal the forthcoming good faith settlement motion, it shall file a renewed request to seal within fourteen (14) days of entry this order, or otherwise file the forthcoming motion on the public docket. (Apodaca, P)
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Filing 32
MINUTE ORDER (Text Only Entry) The request to seal #30 and the forthcoming motion for good faith settlement mentioned therein are referred to the assigned magistrate judge for appropriate action signed by District Judge Dale A. Drozd on April 7, 2021. (Munoz, I)
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Filing 31
REPLY by Spruce Holdings, LLC to RESPONSE to #17 Motion to Dismiss, #18 Request,,,,,,. (Topol, Evan)
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Filing 30
NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Kaweah Manor, Inc.. (Attachments: #1 Proposed Order)(McIntyre, Lann)
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Filing 29
ORDER DENYING Defendant's #28 Request to Seal without Prejudice signed by Magistrate Judge Stanley A. Boone on 3/26/2021. (Sant Agata, S)
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Filing 28
NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Kaweah Manor, Inc.. (Attachments: #1 Proposed Order)(McIntyre, Lann)
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Filing 27
RESPONSE by Gary Gagliolo to #14 Motion to Remand, #17 Motion to Dismiss,. (Attachments: #1 Declaration, #2 Exhibit)(Smith, Dawn)
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Filing 26
NOTICE of ERRATA by All Defendants re #21 Opposition to Motion.. (Cruz, Kim)
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Filing 25
ORDER DENYING JOINT STIPULATION TO CONTINUE THE HEARING DATE ON DEFENDANTS' MOTION TO DISMISS (FRCP 12(b)(6) AND MOTION TO STRIKE (FRCP 12(f)) AND CONTINUING THE BRIEFING SCHEDULE AND MANDATORY SCHEDULING CONFERENCE signed by Magistrate Judge Stanley A. Boone on 2/17/2021. IT IS HEREBY ORDERED: The joint request to continue the hearing on the motion to dismiss and motion to strike is DENIED. Any opposition to the motion to dismiss and motion to strike shall be filed on or before March 24, 2021. Any reply to the motion to dismiss and motion to strike shall be filed on or before March 31, 2021. The mandatory scheduling conference set for June 24, 2021 is CONTINUED to October 19, 2021, at 10:30 a.m. in Courtroom 9. The parties shall file a joint scheduling report seven (7) days prior to the scheduling conference. (Gonzales, V)
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Filing 24
STIPULATION to Continue Hearing Date on Motions to Dismiss and Strike by Kaweah Manor, Inc., Spruce Holdings, LLC. (Attachments: #1 Proposed Order on Stipulation to Continue Hearing)(Cruz, Kim)
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Filing 23
NOTICE of APPEARANCE by Evan J. Topol on behalf of Spruce Holdings, LLC. Attorney Topol, Evan J. added. (Topol, Evan)
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Filing 22
REQUEST for Judicial Notice by Kaweah Manor, Inc., Spruce Holdings, LLC re #21 Opposition to Motion filed by Kaweah Manor, Inc., Spruce Holdings, LLC. (Attachments: #1 Exhibit A-Notice of Removal, #2 Exhibit B-Complaint, #3 Exhibit C-PREP Act Declaration, #4 Exhibit D-Amended Dec Invoking PREP Act, #5 Exhibit E-Second Amended Dec Invoking PRE Act, #6 Exhibit F-4th Amended HHS Dec, #7 Exhibit G-Advisory Op by HHS General Counsel, #8 Exhibit H-List of Covered Countermeasures, #9 Exhibit I-HHS Advisory Op Oct 22, 2020, #10 Exhibit J-HHS Letter Prep Act 8-14-2020, #11 Exhibit K-Gagliolo Death Certificate, #12 Exhibit L-CDC Jan 8, 2020, #13 Exhibit M-CDC Jan 17, 2020, #14 Exhibit N-CDC Jan 24, 2020, #15 Exhibit O-CDC Feb 1, 2020 Updated Guidance, #16 Exhibit P-CDPH AFLs Jan & Feb 2020, #17 Exhibit Q-CMS Feb 6, 2020 Memo, #18 Exhibit R-CDC Feb 28, 2020 Updated Interim Guidance, #19 Exhibit S-March 2020 CDC Strategies, #20 Exhibit T-CDPH AFL March 3, 2020, #21 Exhibit U-CMS March 4, 2020 Memo, #22 Exhibit V-CDC March 8, 2020 Updated Guidance, #23 Exhibit W-CDC March 10, 2020, #24 Exhibit X-CMS March 10, 2020 Memo, #25 Exhibit Y-CDPH AFL 20-22 March 11, 2020, #26 Exhibit Z-CMS March 13, 2020 Memo, #27 Exhibit AA-March 17, 2020 CDC Memos, #28 Exhibit BB-CMS March 20, 2020 QSO 20-20, #29 Exhibit CC-March 21, 2020 CDC Prep for Covid 19, #30 Exhibit DD-April 2, 2020 CMS Covid 19 LTCF Guidance, #31 Exhibit EE-HHS Jan 8 2021 Advisory Opinion, #32 Exhibit FF-HHS Dec Fifth Amendment, #33 Exhibit GG-Statement of Interest, #34 Exhibit HH)(Cruz, Kim)
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Filing 21
OPPOSITION by Kaweah Manor, Inc., Spruce Holdings, LLC to #14 Motion to Remand,. (Attachments: #1 Declaration of Kim S. Cruz, #2 Exhibit II to Declaration of Kim S. Cruz)(Cruz, Kim)
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Filing 20
MINUTE ORDER (Text Only Entry) The parties are informed that pursuant to Local Rule 302 and the Standing Order Re Judicial Emergency issued December 8, 2020 #5 -2, the recently-filed motion to dismiss #17 will be heard and decided by the undersigned. No hearing will be calendared, and the matter will be decided on the papers. The hearing date chosen by the filing party serves only to set the opposition and reply filing deadlines. A written decision will issue as soon as is practicable in light of the Court's extraordinarily heavy caseload. The parties are warned that civil motions and trials set before district judges in this district are likely to experience significant delays due to judicial resource shortages. The parties are encouraged to reconsider consenting to magistrate judge jurisdiction over this action for all purposes signed by District Judge Dale A. Drozd on February 2, 2021. (Munoz, I)
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Filing 19
DECLARATION of Kim S. Cruz re #17 Motion to Dismiss,. (Attachments: #1 Declaration of Ryan G. Canavan, #2 Exhibit GG, #3 Exhibit HH, #4 Exhibit II)(Cruz, Kim)
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Filing 18
REQUEST for Judicial Notice by Kaweah Manor, Inc., Spruce Holdings, LLC re #17 MOTION to DISMISS filed by Kaweah Manor, Inc., Spruce Holdings, LLC. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-PREP Act Declaration, #3 Exhibit C-Amended Dec Invoking PREP Act, #4 Exhibit D-Second Amended Dec Invoking PREP Act, #5 Exhibit E-4th Amended HHS Dec, #6 Exhibit F-HHS Letter PREP Act 8-14-2020, #7 Exhibit G-HHS Advisory Opinion 10-22-20, #8 Exhibit H-PREP Act Advisory Opinion by HHS, #9 Exhibit I-PREP Act Covered Devices, #10 Exhibit J-CDC January 8, 2020, #11 Exhibit K-CDC January 17, 2020, #12 Exhibit L-CDC January 24, 2020, #13 Exhibit M-CDC Feb 1, 2020 Updated Guidance, #14 Exhibit N-CDPH AFLS Jan and Feb 2020, #15 Exhibit O-CMS Feb 6. 2020 Memo, #16 Exhibit P-CDC Feb 28, 2020 updated interim guidance, #17 Exhibit Q-March 2020 CDC Strategies, #18 Exhibit R-CDPH AFL March 3, 2020, #19 Exhibit S-CMS March 4, 2020 Memo, #20 Exhibit T-CDC March 8, 2020 Updated Guidance, #21 Exhibit U-CDC March 10, 2020, #22 Exhibit V-CMS March 10, 2020 memo, #23 Exhibit W-CDPH AFL 20-22 March 11, 2020, #24 Exhibit X-CMS March 13, 2020 Memo, #25 Exhibit Y-March 17, 2020 CDC Memos, #26 Exhibit Z-CMS March 20, 2020 QSO 20-20, #27 Exhibit AA-March 21, 2020 CDC Prep for Covid 19, #28 Exhibit BB-April 2, 2020 CMS Covid 19 LTCF Guidance, #29 Exhibit CC-March 30, 2020 AFL 20-32, #30 Exhibit DD-April 13, 2020 CDPH AFL 20-30, #31 Exhibit EE-Jan 8, 2021 Advisory Opinion, #32 Exhibit FF-HHS Dec Fifth Amendment)(Cruz, Kim)
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Filing 17
MOTION to DISMISS by Kaweah Manor, Inc., Spruce Holdings, LLC. Motion Hearing set for 3/3/2021 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Proposed Order on Defendants' Motion to Dismiss and Motion to Strike)(Cruz, Kim)
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Filing 16
MINUTE ORDER signed by Magistrate Judge Stanley A. Boone on 1/26/2021: (Text Only Entry) Due to the pending Motion to Remand the Scheduling Conference is reset from 2/11/2021 to 6/24/2021 at 10:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. A Joint Scheduling Conference Report is due one week before the new conference date. (Hernandez, M)
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Filing 15
MINUTE ORDER (Text Only Entry) The parties are informed that pursuant to Local Rule 302 and the Standing Order Re Judicial Emergency issued December 8, 2020 #5 -2, the recently-filed motion to remand will be heard and decided by the undersigned. No hearing will be calendared, and the matter will be decided on the papers. The hearing date chosen by the filing party serves only to set the opposition and reply filing deadlines. A written decision will issue as soon as is practicable in light of the Court's extraordinarily heavy caseload. The parties are warned that civil motions and trials set before district judges in this district are likely to experience significant delays due to judicial resource shortages. The parties are encouraged to reconsider consenting to magistrate judge jurisdiction over this action for all purposes signed by District Judge Dale A. Drozd on January 25, 2021. (Munoz, I)
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Filing 14
MOTION to REMAND by Gary Gagliolo. Attorney Smith, Dawn M. added. Motion Hearing set for 2/23/2021 at 09:30 AM in Courtroom 4 before Magistrate Judge Stanley A. Boone. (Attachments: #1 Declaration Declaration of Dawn M. Smith, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7)(Smith, Dawn)
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Filing 13
ORDER RE STIPULATION TO EXTEND TIME FOR DEFENDANTS TO FILE RESPONSIVE PLEADING signed by Magistrate Judge Stanley A. Boone on 1/22/2021(Hernandez, M)
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Filing 12
NOTICE of ERRATA by Kaweah Manor, Inc., Spruce Holdings, LLC re #11 Stipulation,.. (Cruz, Kim)
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Filing 11
STIPULATION to Extend Time for Defendants to Respond to Plaintiff's Complaint by Kaweah Manor, Inc., Spruce Holdings, LLC. Attorney Cruz, Kim S. added. (Attachments: #1 Exhibit A-Stipulation to Extend Time to Respond to Plaintiff's Complaint, #2 Exhibit B-Order Re: Stipulation to Extend Time to Respond, #3 Exhibit C-Order Requiring Defendants to Respond, #4 Proposed Order Proposed Order)(Cruz, Kim)
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Filing 10
NOTICE of RELATED CASE(S) 1:20-cv-01719-NONE, 1:20-cv-01260-NONE by Spruce Holdings, LLC. (Cruz, Kim)
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Filing 9
ORDER REQUIRING DEFENDANTS TO FILE RESPONSIVIE PLEADING. TEN DAY DEADLINE. Signed by Magistrate Judge Stanley A. Boone on 1/12/2021(Hernandez, M)
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Filing 8
ORDER RE STIPULATION TO EXTEND TIME FOR DEFENDANTS TO FILE RESPONSIVE PLEADING. IT IS HEREBY ORDERED that pursuant to the parties' stipulation, thedeadline for Defendants to answer or otherwise file a responsive pleading shall be extended to ten (10) days following the Court's issuance of a ruling on the anticipated motion to remand. Order signed by Magistrate Judge Stanley A. Boone on 12/9/2020. (Apodaca, P)
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Filing 7
STIPULATION to Extend Time for Defendants to Respond to Plaintiffs Complaint by Spruce Holdings, LLC. (Attachments: #1 Proposed Order on Stipulation to Extend Time to Respond to Complaint)(Cruz, Kim)
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Filing 6
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Lann Gottesman McIntyre for Kaweah Manor, Inc., attorney Christopher John Bakes terminated (McIntyre, Lann)
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Filing 5
CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 2/11/2021 at 11:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Standing Order, #2 Standing Order re Judicial Emergency, #3 Consent Form, #4 VDRP) (Marrujo, C)
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Filing 4
NOTICE of Joinder in Notice of Removal by Kaweah Manor, Inc. re #2 Notice of Removal. Attorney Bakes, Christopher John added. (Bakes, Christopher)
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Filing 3
REQUEST for JUDICIAL NOTICE by Spruce Holdings, LLC dba Redwood Springs Healthcare Center in re #2 Notice of Removal. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-PREP Act Declaration, #3 Exhibit C-Amended Declaration Invoking PREP Act, #4 Exhibit D-Second Amended Declaration Invoking PREP Act, #5 Exhibit E-4th Amended HHS Declaration, #6 Exhibit F-HHS Letter PREP Act 8-14-2020, #7 Exhibit G-HHS Advisory Opinion 10-22-20, #8 Exhibit H-PREP Act Advisory Op by HHS, #9 Exhibit I-PREP Act Covered devices and tests, #10 Exhibit J-CDC January 8, 2020, #11 Exhibit K-CDC January 17, 2020, #12 Exhibit L-CDC January 24, 2020, #13 Exhibit M-CDC February 1, 2020 Updated Guidelines, #14 Exhibit N-CDPH AFLs January & February 2020, #15 Exhibit O-CMS February 6, 2020 Memo, #16 Exhibit P-CDC February 28, 2020 updated interim guidance, #17 Exhibit Q-March 1 or 3, 2020 CDC Strategies, #18 Exhibit R-CDPH AFL March 3, 2020, #19 Exhibit S-CMS March 4, 2020 Memo, #20 Exhibit T-CDC March 8, 2020 Updated Guidance, #21 Exhibit U-CDC March 10, 2020, #22 Exhibit V-CMS March 10, 2020 memo, #23 Exhibit W-CDPH AFL 20-22 March 11, 2020, #24 Exhibit X-CMS March 13, 2020 Memo, #25 Exhibit Y-March 17, 2020 CDC Memos, #26 Exhibit Z-CMS March 20, 2020 QSO 20-20, #27 Exhibit AA-March 21, 2020 CDC Prep for Covid 19, #28 Exhibit BB-April 2, 2020 CMS Covid 19 LTCF Guidance)(Cruz, Kim)
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Filing 2
NOTICE of REMOVAL from Superior Court of California, County of Tulare, case number VCU284261 by Spruce Holdings, LLC dba Redwood Springs Healthcare Center.(Cruz, Kim)
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Filing 1
CIVIL COVER SHEET by Spruce Holdings, LLC dba Redwood Springs Healthcare Center (Cruz, Kim)
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PAYMENT for Civil Case filing fee in the amount of $ 402, receipt number 0972-9286610. (Cruz, Kim)
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