Crouch v. Saint Agnes Medical Center
| Kathryn Crouch |
| Saint Agnes Medical Center |
| 1:2022cv01527 |
| November 23, 2022 |
| US District Court for the Eastern District of California |
| Ana de Alba |
| Erica P Grosjean |
| P.I.: Other |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on October 20, 2023. A more recent docket listing may be available from PACER.
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Filing 43
TRANSCRIPT of Proceedings held on 4/14/2023, before Magistrate Judge Erica P. Grosjean. MOTION TO REMAND HEARING filed by ECRO, Phone number 559-499-5928 or 559-499-5290 E-mail Fresno_ECRO@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 5/25/2023. Redacted Transcript Deadline set for 6/5/2023. Release of Transcript Restriction set for 8/3/2023. (Rosales, O.)
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Filing 42
OBJECTIONS to FINDINGS and RECOMMENDATIONS #39 by Defendant Saint Agnes Medical Center. (Chow, Teresa)
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Filing 41
ORDER GRANTING #40 Motion to Withdraw as Attorney. Attorney Lance T. Spitzig, PHV terminated signed by Magistrate Judge Erica P. Grosjean on 4/28/2023. (Lundstrom, T)
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Filing 40
MOTION to WITHDRAW as ATTORNEY for Plaintiff by Kathryn Crouch. Motion Hearing set for 5/1/2023 at 01:30 PM in Courtroom 1 before District Judge Ana de Alba. (Spitzig, Lance)
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Filing 39
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Erica P. Grosjean on April 19, 2023, recommending as follows: 1. Plaintiff's motion to remand (ECF No. #30 ) be granted and this case be remanded to state court. 2. Defendant's request for judicial notice (ECF No. #34 ) be granted. 3. And Defendant's motion to dismiss (ECF No. #15 ) be denied as moot. These Findings and Recommendations will be submitted to the United States District Court Judge assigned to this action pursuant to the provisions of 28 U.S.C. 636 (b)(1). Within fourteen (14) days after being served with a copy of these Findings and Recommendations, any party may file written objections with the Court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any reply to the objections shall be served and filed within fourteen (14) days after service of the objections. The parties are advised that failure to file objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). (Rooney, M)
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Filing 38
TRANSCRIPT REQUEST by Saint Agnes Medical Center for proceedings held on April 14, 2023 before Judge Erica P. Grosjean. Court Reporter ECRO Fresno. (Vitruk, Alexander)
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Filing 37
MINUTES (Text Only) For proceedings held telephonically before Magistrate Judge Erica P. Grosjean: MOTION TO REMAND 31 HEARING held on 4/14/2023 with an order to follow. Plaintiffs Counsel Nicholas Coulson; Michael Jenkins- via telephonically present. Defendants Counsel Paul Karlsgodt-via telephonically present. Court Reporter/CD Number: Mary Yang. (Vue, Yee)
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Filing 36
SUPPLEMENT by Kathryn Crouch. (Spitzig, Lance)
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Filing 35
REPLY by Kathryn Crouch to RESPONSE to #30 Motion to Remand. (Coulson, Nicholas)
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Filing 34
REQUEST for JUDICIAL NOTICE by Saint Agnes Medical Center. (Attachments: #1 Exhibit A to D, #2 Proposed Order)(Chow, Teresa)
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Filing 33
OPPOSITION by Saint Agnes Medical Center to #30 Motion to Remand. (Attachments: #1 Declaration of Denise Tyler)(Chow, Teresa)
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Filing 32
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on March 20, 2023: On March 16, 2023, the assigned District Judge referred Plaintiff's motion to remand for the preparation of findings and recommendations and/or other appropriate action. (ECF No. 31 ). Upon review of the motion, the Court concludes that a hearing may be beneficial. Accordingly, a hearing on the motion will be held on April 14, 2023, at 10:30 a.m. The parties are permitted to appear telephonically and may do so by dialing 1-888-251-2909 and entering access code 1024453. Alternatively, the parties and counsel may appear in person. If one or more parties wish to appear in person, they shall email Courtroom Deputy Michelle Rooney (mrooney@caed.uscourts.gov) at least 24 hours before the proceeding so that a notation can be placed on the Court's calendar. (Text Only Entry) (Rooney, M)
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Filing 31
MINUTE ORDER signed by District Judge Ana de Alba on 3/16/2023: (Text Only Entry) The pending #30 Motion to Remand is referred to the assigned magistrate judge for the preparation of findings and recommendations and/or other appropriate action.(Hernandez, M)
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Filing 30
MOTION to REMAND by Kathryn Crouch. Motion Hearing set for 4/24/2023 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: #1 Declaration of Nicholas A. Coulson ISO Plaintiff's MFR)(Coulson, Nicholas)
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Filing 29
ORDER ADOPTING #12 Findings and Recommendations in Full, signed by District Judge Ana de Alba on 3/7/2023. This case is referred back to the Magistrate Judge for further proceedings. (Rivera, O)
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Filing 28
REPLY by Saint Agnes Medical Center re #26 Opposition to Motion, #15 Motion to Dismiss. (Attachments: #1 Appendix A (Kurowski, et al. v. Rush System for Health, et al. Memorandum Opinion and Order))(Chow, Teresa)
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Filing 27
ORDER EXTENDING MOTION TO DISMISS OPPOSITION AND REPLY DEADLINES signed by Magistrate Judge Erica P. Grosjean on 2/22/2023: IT IS ORDERED that Plaintiff is granted an extension to file an opposition to February 21, 2023, and Defendant shall file any reply by no later than March 3, 2023. (Navarro, F)
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Filing 26
OPPOSITION by Kathryn Crouch to #15 Motion to Dismiss. (Coulson, Nicholas)
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Filing 25
STIPULATION and PROPOSED ORDER for Extensions of time re: Briefing on Defendant's Motion to Dismiss by Kathryn Crouch. (Attachments: #1 Proposed Order)(Coulson, Nicholas)
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Filing 24
NOTICE of APPEARANCE by Lance T. Spitzig, PHV on behalf of Kathryn Crouch. (Spitzig, Lance)
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Filing 23
ORDER GRANTING #19 Application for Pro Hac Vice signed by Magistrate Judge Erica P. Grosjean on 2/6/2023. Added attorney Lance T. Spitzig, PHV for Kathryn Crouch. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Lundstrom, T)
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Filing 22
ORDER GRANTING #18 Application for Pro Hac Vice signed by Magistrate Judge Erica P. Grosjean on 2/6/2023. Added attorney Nicholas A. Coulson, PHV for Kathryn Crouch. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Lundstrom, T)
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Filing 21
MINUTE ORDER signed by District Judge Ana de Alba on 2/7/2023: (Text Only Entry) The pending #15 motion to dismiss is referred to the assigned magistrate judge for the preparation of findings and recommendations and/or other appropriate action.(Hernandez, M)
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Filing 20
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on February 6, 2023: As a Motion to Dismiss has been filed and noticed before the District Judge, document #15 , the Court vacates the Scheduling Conference set for March 21, 2023, before Magistrate Judge Erica P. Grosjean. Within ten days after the issuance of the ruling on the Motion to Dismiss, should the matter go forward, the parties are directed to contact Courtroom Deputy Michelle Rooney (mrooney@caed.uscourts.gov) to secure a new scheduling conference date. (Text Only Entry) (Rooney, M)
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Filing 19
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Kathryn Crouch for attorney Lance T. Spitzig to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10680392) (Attachments: #1 Certificate of Good Standing)(Arias, Mike)
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Filing 18
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Kathryn Crouch for attorney Nicholas A. Coulson to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10680368) (Attachments: #1 Certificate of Good Standing)(Arias, Mike)
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Filing 17
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Chow, Teresa)
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Filing 16
MINUTE ORDER signed by District Judge Ana de Alba on 2/2/2023: (Text Only Entry) "The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed #15 Motion to Dismiss will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience and orders the parties reconsider Magistrate Judge consent for all purposes or for the limited purpose of deciding this motion as this may alleviate some of the delays caused by the resource emergency." (Hernandez, M)
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Filing 15
MOTION to DISMISS by Saint Agnes Medical Center. Motion Hearing set for 3/20/2023 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: #1 Declaration of Alexander Vitruk)(Chow, Teresa)
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Filing 14
ORDER GRANTING #13 Application for Pro Hac Vice, signed by Magistrate Judge Erica P. Grosjean on 1/23/2023. Added attorney James R. Morrison, PHV for Saint Agnes Medical Center. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Marrujo, C)
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Filing 13
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Saint Agnes Medical Center for attorney James R. Morrison to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10655932) (Chow, Teresa)
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Filing 12
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Erica P. Grosjean on January 19, 2023, as follows: IT IS RECOMMENDED that Defendant's motion to dismiss (ECF No. #5 ) be denied as moot. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. 636(b)(l). Within fourteen (14) days after being served with these findings and recommendations, any party may file written objections with the Court. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any reply to the objections shall be served and filed within fourteen (14) days after service of the objections. The parties are advised that failure to file objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). (Rooney, M)
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Filing 11
FIRST AMENDED COMPLAINT against All Defendants by Kathryn Crouch.(Arias, Mike)
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Filing 9
MINUTE ORDER signed by District Judge Ana de Alba on 1/11/2023: (Text Only Entry) The pending #5 Motion to Dismiss is referred to the assigned Magistrate Judge for the preparation of findings and recommendations and/or other appropriate action. (Hernandez, M)
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Filing 10
ORDER GRANTING #8 Application for Pro Hac Vice signed by Magistrate Judge Erica P. Grosjean on 1/10/2023. Added attorney Paul G. Karlsgodt, PHV for Saint Agnes Medical Center. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Sant Agata, S)
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Filing 8
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Saint Agnes Medical Center for attorney Paul G. Karlsgodt to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10635308) (Chow, Teresa)
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Filing 7
NOTICE of APPEARANCE by Alexander Vitruk on behalf of Saint Agnes Medical Center. Attorney Vitruk, Alexander added. (Vitruk, Alexander)
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Filing 6
MINUTE ORDER signed by District Judge Ana de Alba on 12/29/2022: (Text Only Entry) The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed #5 Motion to Dismiss will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously. Unfortunately, despite all diligent efforts, it may still be months before the parties' pending motion is resolved. The Court appreciates your continued patience and reminds the parties that Magistrate Judge consent may alleviate some of the delays caused by the resource emergency.(Hernandez, M)
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Filing 5
MOTION to DISMISS by Saint Agnes Medical Center. Motion Hearing set for 2/6/2023 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: #1 Declaration of Alexander Vitruk in Support of Defendant Saint Agnes Medical Center's Motion to Dismiss Pursuant to Rule 12(B)(6))(Chow, Teresa)
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Filing 4
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Jenkins, Michael)
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Filing 3
STIPULATION to Extend Time to Respond to Plaintiff's Class Action Complaint by Not More Than 28 Days Pursuant to L.R. 144(a) by Saint Agnes Medical Center. (Chow, Teresa)
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Filing 2
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 3/21/2023 at 11:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Maldonado, C)
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SERVICE BY MAIL: #2 Civil New Case Documents for ADA served on Arnold Chen-Yuan Wang. (Maldonado, C)
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RECEIPT number ACAEDC-10565705 for $402.00 for Saint Agnes Medical Center from Teresa Carey Chow. (Lawrence, A)
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Filing 1
NOTICE of REMOVAL from Superior Court of California, County of Fresno, case number 22CECG03349 by Kathryn Crouch. (Attachments: #1 Civil Cover Sheet, #2 Federal Rules of Civil Procedure Rule 7.1 Disclosure by Defendant)(Chow, Teresa)
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