K.A. v. Clinica Sierra Vista et al
Plaintiff: K.A.
Defendant: Clinica Sierra Vista, Kathleen Kalfman, United States of America and Dmitri De La Cruz, M.D.
Case Number: 1:2021cv01105
Filed: July 20, 2021
Court: US District Court for the Eastern District of California
Presiding Judge: Erica P Grosjean
Referring Judge: Jennifer L Thurston
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 2671 Federal Tort Claims Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 14, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 14, 2022 Opinion or Order Filing 29 ORDER GRANTING #27 Joint Stipulation to Remand the Action to State Court, signed by District Judge Jennifer L. Thurston on 2/11/2022. The United States of America is DISMISSED without prejudice. REMANDING CASE to Fresno County Superior Court. Certified copy of remand order sent to other court. CASE CLOSED. (Rivera, O)
February 14, 2022 SERVICE BY MAIL: #29 Order served on Micah Clatterbaugh. (Rivera, O)
February 9, 2022 Opinion or Order Filing 28 MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on February 9, 2022: In light of the joint stipulation to remand this action to state court (ECF No. #27 ), the Court vacates the initial scheduling conference scheduled for February 9, 2022, at 10:30 a.m. (ECF No. #20 ). (Text Only Entry)(Rooney, M)
February 8, 2022 Filing 27 STIPULATION to Remand the Action to State Court by K.A.. (Hurd, Nathan)
February 8, 2022 Filing 26 MOTION to REMAND by K.A.. Attorney Hurd, Nathan added. Motion Hearing set for 3/18/2022 at 09:30 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: #1 Declaration of Nathan R. Hurd, #2 Declaration of Amanda Lucas, #3 Proposed Order)(Hurd, Nathan)
February 2, 2022 Filing 25 JOINT SCHEDULING REPORT by Clinica Sierra Vista. (Lucas, Amanda)
January 25, 2022 Opinion or Order Filing 24 STANDING ORDER signed by District Judge Jennifer L. Thurston on 1/25/2022. (Sant Agata, S)
January 25, 2022 SERVICE BY MAIL: #24 Standing Order served on Micah Clatterbaugh. (Sant Agata, S)
January 21, 2022 Filing 23 ANSWER with Jury Demand by Dmitri De La Cruz, MD. Attorney Salmacia, Carol added.(Salmacia, Carol)
January 21, 2022 Filing 22 ANSWER with Jury Demand by Clinica Sierra Vista.(Lucas, Amanda)
January 7, 2022 Opinion or Order Filing 21 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. (Jessen, A)
January 7, 2022 SERVICE BY MAIL: #21 Order Reassigning District Judge Thurston served on Micah Clatterbaugh. (Jessen, A)
December 17, 2021 Opinion or Order Filing 20 ORDER signed by Magistrate Judge Erica P. Grosjean on December 17, 2021, as follows: The fourth motion for extension of time to respond to the complaint (ECF No. #18 ) is granted. Defendants Clinica Sierra Vista, Dmitri De La Cruz, M.D., and Kathleen Kalfman shall respond to Plaintiff's complaint no later than January 21, 2022. Given the extension of time for Defendants to respond to Plaintiff's complaint until January 21, 2022, the Initial Scheduling Conference currently set for January 10, 2022, is CONTINUED and will now be held on February 9, 2022, at 10:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. To appear telephonically, each party is directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. The parties are also reminded to file a joint scheduling report one full week prior to the conference and email a copy of same, in Word format, to epgorders@caed.uscourts.gov, for the Judge's review. (Rooney, M)
December 17, 2021 Filing 19 SUPPLEMENT by Clinica Sierra Vista re #18 MOTION for EXTENSION of TIME to FILE ANSWER BY Defendants DMITRI DE LA CRUZ, M.D., and KATHLEEN KALFMAN. (Lucas, Amanda)
December 17, 2021 SERVICE BY MAIL: #20 Order served on Micah Clatterbaugh. (Rooney, M)
December 16, 2021 Filing 18 MOTION for EXTENSION of TIME to FILE ANSWER BY Defendants DMITRI DE LA CRUZ, M.D., and KATHLEEN KALFMAN by Clinica Sierra Vista. (Lucas, Amanda)
November 22, 2021 Opinion or Order Filing 17 ORDER granting Defendants' third motion for an extension of time to respond to the complaint (ECF No. #16 . Defendants Clinica Sierra Vista, Dmitri De La Cruz, M.D., and Kathleen Kalfman shall respond to Plaintiff's complaint no later than December 17, 2021. Given the extension of time for Defendants to respond to Plaintiff's complaint until December 17, 2021, the Initial Scheduling Conference currently set for December 13, 2021, is CONTINUED and will now be held on January 10, 2022, at 10:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. To appear telephonically, each party is directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. The parties are also reminded to file a joint scheduling report one full week prior to the conference and email a copy of same, in Word format, to epgorders@caed.uscourts.gov, for the Judge's review. Order signed by Magistrate Judge Erica P. Grosjean on 11/22/2021. (Rooney, M)
November 22, 2021 SERVICE BY MAIL: #17 Order served on Micah Clatterbaugh. (Rooney, M)
November 19, 2021 Filing 16 MOTION for EXTENSION of TIME to FILE ANSWER BY Defendants CLINICA SIERRA VISTA, DMITRI DE LA CRUZ, M.D., and KATHLEEN KALFMAN by Clinica Sierra Vista. (Lucas, Amanda)
October 28, 2021 Opinion or Order Filing 15 ORDER OF CLARIFICATION re district judge availability to hear matters in the Eastern District of California. (Jessen, A)
October 28, 2021 SERVICE BY MAIL: #15 Order of Clarification served on Micah Clatterbaugh. (Jessen, A)
October 27, 2021 Opinion or Order Filing 14 Order GRANTING second Motion for Extension of Time to respond to complaint, signed by Magistrate Judge Erica P. Grosjean on 10/26/2021. (Rosales, O.)
October 27, 2021 SERVICE BY MAIL: #14 Order on Motion for Extension of Time to File Answer served on Micah Clatterbaugh. (Rosales, O.)
October 25, 2021 Filing 13 MOTION for EXTENSION of TIME to FILE ANSWER BY Defendants CLINICA SIERRA VISTA, DMITRI DE LA CRUZ, M.D., and KATHLEEN KALFMAN by Clinica Sierra Vista. (Lucas, Amanda)
September 20, 2021 Opinion or Order Filing 12 ORDER GRANTING the motion for an extension of time to respond to the complaint, document #11 . Defendants Clinica Sierra Vista, Dmitri De La Cruz, M.D., and Kathleen Kalfman shall respond to Plaintiff's complaint no later than November 1, 2021. Order signed by Magistrate Judge Erica P. Grosjean on September 20, 2021. (Rooney, M)
September 20, 2021 SERVICE BY MAIL: #12 Order on Motion for Extension of Time to File Answer served on Micah Clatterbaugh. (Rooney, M)
September 17, 2021 Filing 11 MOTION for EXTENSION of TIME to FILE ANSWER BY Defendants CLINICA SIERRA VISTA, DMITRI DE LA CRUZ, M.D., and KATHLEEN KALFMAN by Clinica Sierra Vista. Attorney Lucas, Amanda M added. (Lucas, Amanda)
August 24, 2021 Filing 10 NOTICE of Association of Counsel by K.A.. Attorney West, Michelle added. (West, Michelle)
August 10, 2021 Opinion or Order Filing 9 MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on 8/10/2021: To accommodate the Court's calendar, the Initial Scheduling Conference currently set for 11/9/2021 is CONTINUED and will now be held on 12/13/2021 at 11:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. To appear telephonically, each party is directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. The parties are also reminded to file a joint scheduling report one full week prior to the conference and email a copy of same, in Word format, to epgorders@caed.uscourts.gov, for the Judge's review. (Text Only Entry) (Rooney, M)
August 10, 2021 SERVICE BY MAIL: 9 Minute Order served on Micah Clatterbaugh. (Rooney, M)
July 26, 2021 Opinion or Order Filing 8 ORDER GRANTING #7 Motion to Appoint Guardian Ad Litem signed by Magistrate Judge Erica P. Grosjean on 7/26/2021. (Sant Agata, S)
July 23, 2021 Filing 7 MOTION to APPOINT GUARDIAN AD LITEM by K.A.. Motion Hearing set for 8/20/2021 at 10:00 AM before UnassignedDJ. (Attachments: #1 Declaration of Mayra P., #2 Proposed Order)(Elam, Henry)
July 22, 2021 Opinion or Order Filing 6 ORDER DENYING PETITION TO APPOINT GUARDIAN AD LITEM WITHOUT PREJUDICE. It is HEREBY ORDERED that Plaintiff's petition to appoint Mayra P. as guardian ad litem (ECF No. #3 ) is DENIED without prejudice. Order signed by Magistrate Judge Erica P. Grosjean on 7/22/2021. (Apodaca, P)
July 22, 2021 SERVICE BY MAIL: #6 Order, served on Micah Clatterbaugh. (Apodaca, P)
July 21, 2021 Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 11/9/2021 at 10:00 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) (Martin-Gill, S)
July 21, 2021 Filing 4 SUMMONS ISSUED as to *Clinica Sierra Vista, Dmitri De La Cruz, MD, Kathleen Kalfman, United States of America* with answer to complaint due within *60* days. Attorney *Henry Larry Elam, III* *Liberty Law* *1970 Broadway, Suite 700* *Oakland, CA 94612*. (Martin-Gill, S)
July 20, 2021 Filing 3 PETITION for Appointment as Guardian ad Litem of Plaintiff K.A., a Minor by K.A.. (Attachments: #1 Declaration of Mayra P. in Support of Petition to Appoint as Guardian ad Litem, #2 Proposed Order)(Elam, Henry)
July 20, 2021 Filing 2 COMPLAINT against All Defendants by K.A.. (Filing fee $ 402, receipt number ACAEDC-9720918) (Elam, Henry)
July 20, 2021 Filing 1 CIVIL COVER SHEET by K.A. (Elam, Henry)

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Plaintiff: K.A.
Represented By: Henry Larry Elam, III
Represented By: Micah Clatterbaugh
Represented By: Micha Star Liberty
Represented By: Michelle West
Represented By: Nathan Hurd
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Defendant: Clinica Sierra Vista
Represented By: Amanda M Lucas
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Defendant: Kathleen Kalfman
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Defendant: United States of America
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Defendant: Dmitri De La Cruz, M.D.
Represented By: Carol Salmacia
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