Kane et al v. Ixia Holdings, LLC et al
| Jerianne Kane, as Successor in Interest to the Estate of Jessie Louise Kane, deceased, Jay Kane and Lisa Steber |
| Horizon West Healthcare, Inc., Ixia Holdings, LLC Doing business as Bishop Care Center and Susan Cole |
| 1:2020cv01805 |
| December 21, 2020 |
| US District Court for the Eastern District of California |
| Dale A Drozd |
| Sheila K Oberto |
| Jennifer L Thurston |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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| Document Text |
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| Filing 23 NOTICE of APPEARANCE by Evan J. Topol on behalf of Ixia Holdings, LLC. Attorney Topol, Evan J. added. (Topol, Evan) |
| Filing 22 REQUEST for JUDICIAL NOTICE by Horizon West Healthcare, Inc., Ixia Holdings, LLC in re #21 Opposition to Motion,. (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-2nd Amended Dec Invoking PREP 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 Opinion 10-22-20, #10 Exhibit J-HHS Letter PREP Act 8-14-20, #11 Exhibit K-Dec SII 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 and 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, #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, 2020 Advisory Opinion, #32 Exhibit FF- Federal Register Dec 5th Amendement, #33 Exhibit GG-Advisory Op by HHS General Counsel, #34 Exhibit HH-AFLs May & June 2020)(Cruz, Kim) |
| Filing 21 OPPOSITION by Horizon West Healthcare, Inc., Ixia Holdings, LLC to #10 Motion to Remand,. (Attachments: #1 Declaration of Kim S. Cruz, Esq., #2 Declaration of Ryan G. Canavan, Esq., #3 Exhibit II to Declaration of Ryan G. Canavan, Esq., #4 Exhibit JJ to Declaration of Ryan G. Canavan, Esq., #5 Exhibit KK to Declaration of Ryan G. Canavan)(Cruz, Kim) |
| Filing 20 OPPOSITION by Jerianne Kane to #15 Motion to Dismiss. (Rivas, Jacob) |
| Filing 19 NOTICE of ERRATA by Horizon West Healthcare, Inc., Ixia Holdings, LLC re #3 Request for Judicial Notice,,,,,.. (Attachments: #1 Exhibit FF to Defendant's Request for Judicial Notice ISO Motion to Dismiss)(Cruz, Kim) |
Filing 18
MINUTE ORDER signed by District Judge Dale A. Drozd on 1/26/2021: (Text Only Entry) For judicial efficiency, the hearing on the pending #10 motion to remand currently set on February 16, 2021 is hereby reset to March 2, 2021, which shall govern the deadlines for opposition and reply briefs pursuant to Local Rule 230(c). The parties are further advised that pursuant to General Order No. 617, addressing the public health emergency posed by the coronavirus (COVID-19) outbreak, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. (Thorp, J)
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| Filing 17 DECLARATION of Ryan G. Canavan in support of #15 Motion to Dismiss. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Cruz, Kim) |
| Filing 16 REQUEST for JUDICIAL NOTICE by Horizon West Healthcare, Inc., Ixia Holdings, LLC in re #15 Motion to Dismiss. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-Prep Act Dec, #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 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, #10 Exhibit J-CDC Jan 8, 2020, #11 Exhibit K-CDC Jan 17, 2020, #12 Exhibit L-CDC Jan 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 1, 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 Marc 20, 2020 QSO 20-20, #27 Exhibit AA-March 21, 2020 CDC Prep for Covid, #28 Exhibit BB-April 2, 2020 CMS Covid LTCF Guidance, #29 Exhibit CC-April 6, 2020 CDC Publication, #30 Exhibit DD-April 13, 2020 CDPH AFL 20-39, #31 Exhibit EE-Jan 8, 2021 Advisory Opinion)(Cruz, Kim) |
| Filing 15 MOTION to DISMISS by Horizon West Healthcare, Inc., Ixia Holdings, LLC. Motion Hearing set for 3/2/2021 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Proposed Order Proposed Order)(Cruz, Kim) |
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Filing 14
ORDER DENYING #13 Stipulation to Extend Time for Defendants to Respond to Plaintiff's Complaint as Unripe, signed by Magistrate Judge Jennifer L. Thurston on 1/24/2021. (Hall, S)
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| Filing 13 STIPULATION Further Stipulation to Extend Time for Defendants to Respond to Plaintiffs' Complaint by Horizon West Healthcare, Inc., Ixia Holdings, LLC. (Attachments: #1 Exhibit A-Stipulation to Extend Time for Defendants to Respond to Plaintiffs' Complaint, #2 Exhibit B-Order Denying Stipulation to Extend Time, #3 Exhibit C-Stipulation to Extend Time for Defendant to Respond Pursuant to Local Rule 144(a), #4 Proposed Order Proposed Order on Further Stipulation to Extend Time)(Cruz, Kim) |
| Filing 12 NOTICE of RELATED CASE(S) 1:20-cv-1806-DAD, 1:20-cv-18010-DAD, 1:20-cv-1805-AWI by Horizon West Healthcare, Inc., Ixia Holdings, LLC. (Cruz, Kim) |
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Filing 11
MINUTE ORDER signed by District Judge Dale A. Drozd on 1/11/2021: (Text Only Entry)The parties are advised that pursuant to General Order No. 617, addressing the public health emergency posed by the coronavirus (COVID-19) outbreak, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. The parties should not contact Judge Drozd's chambers to inquire about whether a hearing on a pending motion will be held. If the court determines that a hearing is necessary, the court will issue an order to specially set the motion for hearing by telephone or video conference. In accordance with Judge Drozd's Standing Order in Light of Judicial Emergency in the Eastern District of California, the hearing date selected by the movant will continue to govern the deadlines for opposition and reply briefs pursuant to Local Rule 230(c). (Thorp, J)
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| Filing 10 MOTION to REMAND Notice of Motion to Remand by Jerianne Kane. Motion Hearing set for 2/16/2021 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Motion to Remand, #2 Proposed Order [Proposed] Order Granting Plaintiffs' Motion to Remand)(Rivas, Jacob) |
| Filing 9 STIPULATION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS' COMPLAINT FOR 28 DAYS PURSUANT TO LOCAL RULE 144(a) by Horizon West Healthcare, Inc., Ixia Holdings, LLC. (Cruz, Kim) |
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Filing 8
ORDER DENYING STIPULATION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S COMPLAINT AS UNRIPE, signed by Magistrate Judge Jennifer L. Thurston on 12/30/2020. (Apodaca, P)
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| Filing 7 STIPULATION to Extend Time for Defendants to Respond to Plaintiffs' Complaint by Horizon West Healthcare, Inc., Ixia Holdings, LLC. (Cruz, Kim) |
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Filing 6
ORDER REASSIGNING CASE; New case number is 1:20-cv-1805 DAD-JLT, signed by Magistrate Judge Sheila K. Oberto on 12/23/2020.(Martin-Gill, S)
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| Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 3/22/2021 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 DAD Standing Order, #2 JLT Worksheet, #3 Standing Order re Judicial Emergency, #4 Consent Form, #5 VDRP) (Martin-Gill, S) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 3/11/2021 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Attachments: #1 Standing Order, #2 Standing Order re Judicial Emergency, #3 Consent Form, #4 VDRP) (Lundstrom, T) |
| Filing 3 REQUEST for JUDICIAL NOTICE by Horizon West Healthcare, Inc., Ixia Holdings, LLC in re #1 Notice of Removal. (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 8-14-2020, #7 Exhibit G-HHS Advisory Opinion 10-22-20, #8 Exhibit H-PREP Act Advisory Opinion, #9 Exhibit I-PREP Act Covered devices and tests, #10 Exhibit J-CDC Jan 8, 2020, #11 Exhibit K-CC 1-17-20, #12 Exhibit L-CDC 1-24-20, #13 Exhibit M-CDC 2-1-20 Updated Guidance, #14 Exhibit N-CDPH Feb 1, 2020 Updated Guidance, #15 Exhibit O-CMS Feb 6, 2020 memo, #16 Exhibit P-DCD Feb 28, 2020 Updated Interim Guidance, #17 Exhibit Q-March 1 or 3, 2020 CDC Strategies, #18 Exhibit R-CDPH AFL 3-3-20, #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, #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-Arpil 2, 2020 CMS Covid 19 LTCF Guidance, #29 Exhibit CC-April 6, 2020 CDC Publication, #30 Exhibit DD-April 13, 2020 CDPH AFL 20-39)(Cruz, Kim) |
| Filing 2 CIVIL COVER SHEET by Horizon West Healthcare, Inc., Ixia Holdings, LLC (Cruz, Kim) |
| Filing 1 NOTICE of REMOVAL from Inyo County Superior Court, case number ICSI-CVCV-2020-65917 by All Defendants. (Filing fee $ 402, receipt number 0972-9317053) (Cruz, Kim) |
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