Martinez v. Spruce Holdings, LLC
Plaintiff: Kim Martinez
Defendant: Spruce Holdings, LLC Doing business as Redwood Springs Healthcare Center
Case Number: 1:2021cv00739
Filed: May 7, 2021
Court: US District Court for the Eastern District of California
Presiding Judge: Stanley A Boone
Referring Judge: Anthony W Ishii
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 31, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 1, 2021 Opinion or Order Filing 12 OBJECTIONS by Defendant Spruce Holdings, LLC to #10 MOTION to STAY. (Cruz, Kim)
July 1, 2021 Opinion or Order Filing 11 OBJECTIONS by Defendant Spruce Holdings, LLC to #9 MOTION to REMAND . (Cruz, Kim)
July 1, 2021 Opinion or Order Filing 10 MOTION to STAY by Kim Martinez. Motion Hearing set for 7/19/2021 at 01:30 PM in cvbFRES Fresno before District Judge Anthony W. Ishii. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Motion to Remand)(Hurt, Douglas)
July 1, 2021 Opinion or Order Filing 9 MOTION to REMAND by Kim Martinez. Motion Hearing set for 7/19/2021 at 01:30 PM in cvbFRES Fresno before District Judge Anthony W. Ishii. (Attachments: #1 Proposed Order Proposed Order Granting Plaintiff's Motion to Remand)(Hurt, Douglas)
June 14, 2021 Opinion or Order Filing 8 REQUEST for JUDICIAL NOTICE by Spruce Holdings, LLC in re #7 Motion to Dismiss,. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-HHS Dec of PH Emergency, #3 Exhibit C-Newsom Declaration 3.4.20, #4 Exhibit D-WHO Covid 19 March 11, 2020, #5 Exhibit E-Trump Dec of Emergency 3.13.20, #6 Exhibit F-3.14.20 Newsom Exec Order 20-27, #7 Exhibit H-Notice of Removal, #8 Exhibit I-PREP Act Declaration, #9 Exhibit J-Amended Dec PREP, #10 Exhibit K-2nd Amended PREP Dec, #11 Exhibit L-CDC Jan 8, 2020, #12 Exhibit M-CDC Jan 17, 2020, #13 Exhibit N-CDC Jan 24, 2020, #14 Exhibit O-CDC Feb 1, 2020 Updated Guidance, #15 Exhibit P-CDPH AFLs Jan & Feb 2020, #16 Exhibit Q-CMS Feb 6, 2020 Memo, #17 Exhibit R-CDC Feb 28, 2020 Updated Interim Guidance, #18 Exhibit S-March 1 or 3, 2020 CDC Strategies, #19 Exhibit T-CDPH AFL March 3, 2020, #20 Exhibit U-CDPH March 4, 2020 Memo, #21 Exhibit V-CDC March 8, 2020 Updated Guidance, #22 Exhibit W-CDC March 10, 2020, #23 Exhibit X-CMS March 10, 2020 Memo, #24 Exhibit Y-CMS March 10, 2020 Memo, #25 Exhibit Z-CMS March 13, 2020 Memo, #26 Exhibit AA-March 17, 2020 CDC Memos, #27 Exhibit BB-QSO 20-20 All, #28 Exhibit CC-March 21, 2020 CDC Prep for Covid 19, #29 Exhibit DD-April 2, 2020 CMS Covid 19 LTCF Guidance, #30 Exhibit EE-4.17.20 OCG AO, #31 Exhibit FF-List Countermeasures, #32 Exhibit GG-10.22.20 HHS AO, #33 Exhibit HH-OGC AO 1.8.2021, #34 Exhibit II-4th Amended PREP Dec, #35 Exhibit JJ-5th Amended PREP Dec, #36 Exhibit KK-8.14.20 HHS Letter, #37 Exhibit LL-March 30, 2020 AFL, #38 Exhibit OO-April 6, 2020 CDC, #39 Exhibit PP-4.13.20 CDPH AFL 20-39, #40 Exhibit QQ-Designation of Scarce Materials)(Cruz, Kim)
June 14, 2021 Opinion or Order Filing 7 MOTION to DISMISS by Spruce Holdings, LLC. Motion Hearing set for 7/19/2021 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Attachments: #1 Proposed Order, #2 Declaration of Kim S. Cruz ISO Motion to Dismiss/Motion to Strike, #3 Exhibit MM to Declaration of Kim S. Cruz, #4 Exhibit NN to Declaration of Kim S. Cruz)(Cruz, Kim)
May 12, 2021 Opinion or Order Filing 6 ORDER EXTENDING TIME FOR DEFENDANT TO FILE RESPONSIVE PLEADING PURSUANT TO THE PARTIES STIPULATION AND CONTINUING MANDATORY SCHEDULING CONFERENCE TO NOVEMBER 9, 2021. IT IS HEREBY ORDERED that: The deadline for Defendant to file a responsive pleading is extended to June 14, 2021; The scheduling conference set for June 24, 2021 is CONTINUED to November 9, 2021, at 11:00 a.m. in Courtroom 9; and; The parties shall file a joint scheduling report seven (7) days prior to the scheduling conference.Signed by Magistrate Judge Stanley A. Boone on 5/12/2021. (Hernandez, M)
May 11, 2021 Opinion or Order Filing 5 STIPULATION and PROPOSED ORDER for to Extend Time for Defendant to File a Responsive Pleading re #4 Order by Spruce Holdings, LLC. (Attachments: #1 Proposed Order)(Topol, Evan)
May 10, 2021 Opinion or Order Filing 4 ORDER REQUIRING DEFENDANT TO FILE RESPONSIVE PLEADING. SEVEN DAY DEADLINE. Signed by Magistrate Judge Stanley A. Boone on 5/10/2021(Hernandez, M)
May 10, 2021 Opinion or Order Filing 3 NOTICE of APPEARANCE by Ryan G. Canavan on behalf of Spruce Holdings, LLC. (Canavan, Ryan)
May 7, 2021 Opinion or Order Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 6/24/2021 at 10:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: #1 Order re Consent, #2 VDRP) (Rivera, O)
May 7, 2021 Opinion or Order Filing 1 NOTICE of REMOVAL from Tulare, case number VCU285919 by Spruce Holdings, LLC. (Filing fee $ 402, receipt number 0972-9589686) (Attachments: #1 Civil Cover Sheet, #2 Request for Judicial Notice in Support of Defendant's Removal, #3 Exhibit A to Request for Judicial Notice, #4 Exhibit B to Request for Judicial Notice, #5 Exhibit C to Request for Judicial Notice, #6 Exhibit D to Request for Judicial Notice, #7 Exhibit E to Request for Judicial Notice, #8 Exhibit F to Request for Judicial Notice, #9 Exhibit G to Request for Judicial Notice, #10 Exhibit H to Request for Judicial Notice, #11 Exhibit I to Request for Judicial Notice, #12 Exhibit J to Request for Judicial Notice, #13 Exhibit K to Request for Judicial Notice, #14 Exhibit L to Request for Judicial Notice, #15 Exhibit M to Request for Judicial Notice, #16 Exhibit N to Request for Judicial Notice, #17 Exhibit O to Request for Judicial Notice, #18 Exhibit P to Request for Judicial Notice, #19 Exhibit Q to Request for Judicial Notice, #20 Exhibit R to Request for Judicial Notice, #21 Exhibit S to Request for Judicial Notice, #22 Exhibit T to Request for Judicial Notice, #23 Exhibit U to Request for Judicial Notice, #24 Exhibit V to Request for Judicial Notice, #25 Exhibit W to Request for Judicial Notice, #26 Exhibit X to Request for Judicial Notice, #27 Exhibit Y to Request for Judicial Notice, #28 Exhibit Z to Request for Judicial Notice, #29 Exhibit AA to Request for Judicial Notice, #30 Exhibit BB to Request for Judicial Notice, #31 Exhibit CC to Request for Judicial Notice, #32 Exhibit DD to Request for Judicial Notice, #33 Exhibit EE to Request for Judicial Notice, #34 Exhibit FF to Request for Judicial Notice)(Topol, Evan)

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Plaintiff: Kim Martinez
Represented By: Douglas L. Hurt
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Defendant: Spruce Holdings, LLC Doing business as Redwood Springs Healthcare Center
Represented By: Ryan G. Canavan
Represented By: William C. Wilson
Represented By: Evan J. Topol
Represented By: Kim S. Cruz
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