Cultiva La Salud et al v. Community Hospitals of Central California et al
| Fresno Building Healthy Communities and Cultiva La Salud |
| Fresno Community Hospital and Medical Center California Non-profit Public Benefit Corporation Doing business as Community Health System and Community Hospitals of Central California |
| 1:2024cv01065 |
| September 6, 2024 |
| US District Court for the Eastern District of California |
| Erica P Grosjean |
| Jennifer L Thurston |
| Other Statutory Actions |
| 42 U.S.C. § 1396 - Tort Negligence |
| None |
Docket Report
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This docket was last retrieved on December 9, 2024. A more recent docket listing may be available from PACER.
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Filing 34
TRANSCRIPT of Motion to Remand held on 11/21/24, before Magistrate Judge Erica P. Grosjean, filed by Court Reporter Abigail Torres, Phone number 916-930-4116 E-mail a.torres.reporting@gmail.com. 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 12/30/2024. Redacted Transcript Deadline set for 1/9/2025. Release of Transcript Restriction set for 3/10/2025. (Torres, A)
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Filing 33
AMENDED TRANSCRIPT REQUEST re #32 by Community Hospitals of Central California, Fresno Community Hospital and Medical Center for proceedings held on 11/21/2024 before Judge Erica P. Grosjean. Court Reporter ECRO Fresno. (Grigg, Christopher)
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Filing 32
TRANSCRIPT REQUEST by Community Hospitals of Central California, Fresno Community Hospital and Medical Center for proceedings held on 11/21/2024 before Judge Erica P. Grosjean. Court Reporter ECRO Fresno. (Grigg, Christopher)
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Filing 31
ORDER (1) GRANTING #13 Motion to Remand; (2) REMANDING Case to the Fresno County Superior Court; and (3) DENYING #29 Request for Judicial Notice, signed by Magistrate Judge Erica P. Grosjean on 11/26/2024. Certified copy of remand order sent to other court. CASE CLOSED. (Rivera, O)
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Filing 30
MINUTES (Text Only) for proceedings held before Magistrate Judge Erica P. Grosjean: MOTION TO REMAND #13 held on 11/21/2024 with an order to follow. Plaintiffs' Counsel Patience Milrod and Amelia Arambula present. Defendants' Counsel Jonah Retzinger and Christopher Grigg present. Court Reporter/CD Number: ECRO - Sonitta Lout. (Navarro, F)
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Filing 29
REQUEST for JUDICIAL NOTICE by Cultiva La Salud, Fresno Building Healthy Communities in re #13 Motion to Remand,. (Attachments: #1 Proof of Service) (Arambula, Amelia)
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Filing 28
OPPOSITION by Cultiva La Salud, Fresno Building Healthy Communities to #25 Motion to Dismiss,,. (Attachments: #1 Proof of Service) (Arambula, Amelia)
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Filing 27
MINUTE ORDER (Text Only Entry) Pursuant to Local Rule 302, the filed motion to dismiss #25 will be heard and decided by the undersigned. As set forth in the Court's standing order, no hearing will be calendared, and the matter will be decided on the papers. As a result of the ongoing judicial resource emergency in this District, approximately 100 regular civil motions remain under submission before the undersigned. As a result, it is likely to be six or more months until the motion(s) in this matter is resolved. The Court reiterates that magistrate judge consent can alleviate the delay caused by the resource emergency. The parties SHALL reconsider magistrate judge consent for all purposes or only for this pending motion. In addition, the parties are reminded of their ongoing obligation to inform the Court of any changed circumstances that have rendered all or part of any pending motion moot. Finally, the parties are informed that the undersigned generally requires a formal settlement conference take place before any civil case proceeds to trial. Should the parties jointly wish to schedule a settlement conference, they are directed to contact Courtroom Deputy Irma Munoz at imunoz@caed.uscourts.gov signed by District Judge Jennifer L. Thurston on November 15, 2024. (Munoz, I)
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Filing 26
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on November 13, 2024: As Respondents/Defendants have filed a motion to dismiss (ECF No. #25 ), the Court vacates the scheduling conference set for January 16, 2025, before Magistrate Judge Erica P. Grosjean. (ECF No. #4 ). 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 Felicia Navarro (fnavarro@caed.uscourts.gov) to secure a new scheduling conference date. (Text Only Entry) (Navarro, F)
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Filing 25
MOTION to DISMISS by Community Hospitals of Central California, Fresno Community Hospital and Medical Center. Motion Hearing set for 12/17/2024 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: #1 Points and Authorities MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF RESPONDENTS MOTION TO DISMISS THE PETITION PURSUANT TO FED. R. CIV. P. 12(b)(6), #2 Declaration DECLARATION OF JONAH D. RETZINGER IN SUPPORT OF RESPONDENTS MOTION TO DISMISS THE PETITION PURSUANT TO FED. R. CIV. P. 12(b)(6), #3 Proof of Service CERTIFICATE OF SERVICE) (Retzinger, Jonah)
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Filing 24
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on October 31, 2024: Upon review of the parties' briefs on the motion to remand (ECF No. #13 ), the Court concludes that a hearing may be helpful. Accordingly, IT IS ORDERED that a hearing on the motion to remand will be held on November 21, 2024, at 10:00 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 Felicia Navarro (fnavarro@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) (Navarro, F)
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Filing 23
REPLY by Cultiva La Salud, Fresno Building Healthy Communities to RESPONSE to #13 Motion to Remand,. (Attachments: #1 Proof of Service) (Arambula, Amelia)
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Filing 22
**CORRECTED**MINUTE ORDER signed by District Judge Jennifer L. Thurston on October 8, 2024: All parties have consented to the jurisdiction of a United States Magistrate Judge for the limited purpose of ruling on Petitioners' motion to remand, pursuant to 28 U.S.C. 636(c)(1). (ECF No. #17 ). Accordingly, this Court AUTHORIZES the action to proceed before the assigned United States Magistrate Judge for the limited purpose of ruling on Petitioners' motion to remand. (Text Only Entry) (Navarro, F) Modified on 10/31/2024 (Navarro, F).
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Filing 21
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on October 7, 2024: In light of Petitioners' confirmation that Respondent Board of Trustees for Community Hospitals of Central California and Fresno Community Hospital and Medical Center was dismissed from this case in state court, the Clerk of Court is directed to terminate this Respondent from the docket. (ECF No. #20 ). (Text Only Entry) (Navarro, F)
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Filing 20
NOTICE OF LODGING DOCUMENT(S) ELECTRONICALLY by Cultiva La Salud, Fresno Building Healthy Communities: Confirmation of Dismissal ONLY as to Defendant BOARD OF TRUSTEES for Community Hospitals of Central California and Fresno Community Hospital and Medical Center entered August 21, 2024. (Arambula, Amelia)
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Filing 19
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on October 2, 2024: The notice of removal indicates that Respondent Board of Trustees for Community Hospitals of Central California and Fresno Community Hospital and Medical Center may have been dismissed in state court. (ECF No. #1 , p. 8 n.1). By no later than October 9, 2024, Petitioners shall file a confirmation of the dismissal of this Respondent or otherwise report this Respondent's current status in this case. (Text Only Entry) (Navarro, F)
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Filing 18
OPPOSITION by Community Hospitals of Central California, Fresno Community Hospital and Medical Center to #13 Motion to Remand,. (Retzinger, Jonah)
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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. (Retzinger, Jonah)
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Filing 16
ORDER GRANTING #15 Application for Pro Hac Vice signed by Magistrate Judge Erica P. Grosjean on 9/24/2024. Added attorney Morgan C. Nighan, PHV for Community Hospitals of Central California, and Fresno Community Hospital and Medical Center. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Lundstrom, T)
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Filing 15
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Community Hospitals of Central California, Fresno Community Hospital and Medical Center for attorney Morgan C. Nighan to appear Pro Hac Vice. (Filing fee $ 300, receipt number ACAEDC-11765365) (Attachments: #1 Certificate of Record Massachusetts Supreme Court, #2 Certificate of Record New Hampshire Supreme Court, #3 Certificate of Record New York Supreme Court) (Retzinger, Jonah)
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Filing 14
MINUTE ORDER (Text Only Entry) Pursuant to Local Rule 302, the filed motion to remand #13 will be heard and decided by the undersigned. As set forth in the Court's standing order, no hearing will be calendared, and the matter will be decided on the papers. As a result of the ongoing judicial resource emergency in this District, approximately 100 regular civil motions remain under submission before the undersigned. As a result, it is likely to be six or more months until the motion(s) in this matter is resolved. The Court reiterates that magistrate judge consent can alleviate the delay caused by the resource emergency. The parties SHALL reconsider magistrate judge consent for all purposes or only for this pending motion. In addition, the parties are reminded of their ongoing obligation to inform the Court of any changed circumstances that have rendered all or part of any pending motion moot. Finally, the parties are informed that the undersigned generally requires a formal settlement conference take place before any civil case proceeds to trial. Should the parties jointly wish to schedule a settlement conference, they are directed to contact Courtroom Deputy Irma Munoz at imunoz@caed.uscourts.gov signed by District Judge Jennifer L. Thurston on September 20, 2024. (Munoz, I)
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Filing 13
MOTION to REMAND by Cultiva La Salud, Fresno Building Healthy Communities. Motion Hearing set for 10/22/2024 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Attachments: #1 Points and Authorities, #2 Proposed Order, #3 Proof of Service) (Arambula, Amelia)
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Filing 12
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on September 11, 2024: Upon review, Respondents' ex parte application for an extension of time to respond to the petition/complaint (ECF No. #6 ) is granted, and Respondents shall have until November 12, 2024, to file their response to the complaint. (See Local Rule 144(c), permitting a court to exercise its discretion to grant an initial ex parte extension). (Text Only Entry) (Navarro, F)
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Filing 11
NOTICE of APPEARANCE by Patience Milrod on behalf of Cultiva La Salud, Fresno Building Healthy Communities. (Milrod, Patience)
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Filing 10
INITIAL DISCLOSURES pursuant to FRCP 26(a)(1) by Cultiva La Salud, Fresno Building Healthy Communities. (Arambula, Amelia)
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Filing 9
NOTICE of APPEARANCE by Amelia Arambula on behalf of Cultiva La Salud, Fresno Building Healthy Communities. (Arambula, Amelia)
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Filing 8
OPPOSITION by Cultiva La Salud, Fresno Building Healthy Communities to #6 Ex Parte Application. (Attachments: #1 Declaration, #2 Proof of Service) (Arambula, Amelia)
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Filing 7
CERTIFICATE / PROOF of SERVICE by Community Hospitals of Central California, Fresno Community Hospital and Medical Center re #6 EX PARTE APPLICATION by Community Hospitals of Central California, Fresno Community Hospital and Medical Center for Ex Parte to Extend Time to Respond.. (Retzinger, Jonah)
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Filing 6
EX PARTE APPLICATION by Community Hospitals of Central California, Fresno Community Hospital and Medical Center for Ex Parte to Extend Time to Respond. (Attachments: #1 Declaration, #2 Proposed Order) (Retzinger, Jonah)
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Filing 5
CERTIFICATE / PROOF of SERVICE by Community Hospitals of Central California, Fresno Community Hospital and Medical Center re #4 Civil New Case Documents for JLT, #1 Notice of Removal,. (Retzinger, Jonah)
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Filing 4
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 1/16/2025 at 11:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Flores, E)
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Filing 3
NOTICE of APPEARANCE by Jonah Retzinger on behalf of Community Hospitals of Central California, Fresno Community Hospital and Medical Center. (Retzinger, Jonah)
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Filing 2
CORPORATE DISCLOSURE STATEMENT by Respondents Community Hospitals of Central California, Fresno Community Hospital and Medical Center. (Retzinger, Jonah)
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Filing 1
NOTICE of REMOVAL from Superior Court of the State of California, County of Fresno, case number 24CECG03394 by Community Hospitals of Central California, Fresno Community Hospital and Medical Center. (Filing fee $ 405, receipt number ACAEDC-11734528) (Attachments: #1 Exhibit A-B, #2 Civil Cover Sheet) (Retzinger, Jonah)
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| Search for this case: Cultiva La Salud et al v. Community Hospitals of Central California et al | |
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| Respondent: Fresno Community Hospital and Medical Center California Non-profit Public Benefit Corporation Doing business as Community Health System | |
| Represented By: | Jonah Retzinger |
| Represented By: | Michael S. Helsley |
| Represented By: | John P. Kinsey |
| Represented By: | Harsh P. Parikh |
| Represented By: | Colleen Little |
| Represented By: | Christopher Grigg |
| Represented By: | Morgan C. Nighan, PHV |
| Represented By: | Morgan C. Nighan, PHV |
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| Respondent: Community Hospitals of Central California | |
| Represented By: | Jonah Retzinger |
| Represented By: | Michael S. Helsley |
| Represented By: | John P. Kinsey |
| Represented By: | Harsh P. Parikh |
| Represented By: | Colleen Little |
| Represented By: | Christopher Grigg |
| Represented By: | Morgan C. Nighan, PHV |
| Represented By: | Morgan C. Nighan, PHV |
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| Petitioner: Fresno Building Healthy Communities | |
| Represented By: | Patience Milrod |
| Represented By: | Amelia Arambula |
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| Petitioner: Cultiva La Salud | |
| Represented By: | Patience Milrod |
| Represented By: | Amelia Arambula |
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