Anderson et al v. Dooley
Plaintiff: Bruce Anderson, John Wilson, Robert Austin and California Advocates for Nursing Home Reform
Defendant: Diana Dooley and Mark Ghaly
Petitioner: United States of America
Not Classified By Court: Governor Gavin Newsom
Amicus Curiae: California Association of Health Facilities
Case Number: 4:2015cv05120
Filed: November 9, 2015
Court: US District Court for the Northern District of California
Presiding Judge: Jacqueline Scott Corley
Referring Judge: Haywood S Gilliam
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 10, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 10, 2022 Filing 132 CLERK'S JUDGMENT in favor of Diana Dooley, Mark Ghaly against California Advocates for Nursing Home Reform, Bruce Anderson, Robert Austin. (ndr, COURT STAFF) (Filed on 3/10/2022)
March 10, 2022 Opinion or Order Filing 131 ORDER by Judge Haywood S. Gilliam, Jr. RE ( #94 , #121 ) CROSS-MOTIONS FOR SUMMARY JUDGMENT. (ndr, COURT STAFF) (Filed on 3/10/2022)
November 22, 2021 Filing 130 TRANSCRIPT ORDER for proceedings held on 11/18/2021 before Judge Haywood S Gilliam, Jr by Bruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson, for Court Reporter Raynee Mercado. (Borden, Matthew) (Filed on 11/22/2021)
November 18, 2021 Filing 129 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Motion Hearing held on 11/18/2021. Total Time in Court: 46 Minutes. Court Reporter: Raynee Mercado. Plaintiff Attorney: Kory DeClark and Matthew Borden. Defendant Attorney: Dane Barca; Hadara Stanton; and Julia Clayton. Cross-motions for summary judgment (docket nos. #94 and #121 ) are argued and submitted by the parties and taken under submission by the Court. Written order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 11/18/2021)
November 15, 2021 Filing 128 CLERK'S NOTICE RE DOCKET NOS. #94 and #121 . Notice is hereby given that the hearings on the motions previously set for November 18, 2021 will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 11/15/2021) Modified on 11/15/2021 to correct typo(ndr, COURT STAFF).
November 10, 2021 Filing 127 DEFENDANT'S OBJECTION TO EVIDENCE SUBMITTED WITH PLAINTIFF'S REPLY re #124 Reply to Opposition/Response filed by Mark Ghaly. (Stanton, Hadara) (Filed on 11/10/2021)
November 4, 2021 Filing 126 Declaration of Mallory Reynolds in Support of #124 Reply to Opposition/Response of Plaintiffs' Motion for Summary Judgment filed byBruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #124 ) (Borden, Matthew) (Filed on 11/4/2021)
November 4, 2021 Filing 125 Declaration of Anthony Chicotel in Support of #124 Reply to Opposition/Response of Plaintiffs' Motion for Summary Judgment filed byBruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. (Attachments: #1 Exhibit 1)(Related document(s) #124 ) (Borden, Matthew) (Filed on 11/4/2021)
November 4, 2021 Filing 124 REPLY in Support (re #121 Second MOTION for Summary Judgment) filed by Bruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. (Borden, Matthew) (Filed on 11/4/2021)
October 28, 2021 Filing 123 Supplemental Brief in Support (re #94 MOTION for Summary Judgment); OPPOSITION/RESPONSE (re #121 Second MOTION for Summary Judgment) filed by Mark Ghaly. (Attachments: #1 Request for Judicial Notice, #2 Exhibit RJN Exhibits A-H, #3 Proposed Order Proposed Order)(Stanton, Hadara) (Filed on 10/28/2021) Modified on 11/5/2021 (slh, COURT STAFF).
October 15, 2021 Opinion or Order Filing 122 ORDER by Hon. Haywood S. Gilliam, Jr. LIFTING the stay of proceedings entered on 7/22/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2, COURT STAFF) (Filed on 10/15/2021)
October 14, 2021 Filing 121 Second MOTION for Summary Judgment filed by Bruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. Motion Hearing set for 11/18/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 10/28/2021. Replies due by 11/4/2021. (Attachments: #1 Declaration of Matthew Borden, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Declaration of Anthony Chicotel, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Proposed Order Granting Plaintiffs' Motion for Summary Judgment)(Borden, Matthew) (Filed on 10/14/2021)
October 14, 2021 Filing 120 NOTICE of Appearance by Matthew Brooks Borden of Kory J. DeClark (Borden, Matthew) (Filed on 10/14/2021)
September 30, 2021 Set Deadlines/Hearings, Docket No. 119 : Plaintiffs' Motion for Summary Judgment (MSJ)/Supplemental Briefing in Opposition to Defendant's MSJ is due by October 14, 2021; Defendant's Opposition to Plaintiffs' MSJ/Supplemental Brief in Support of Defendant's MSJ is due by October 28, 2021; and Plaintiffs may file a reply to Defendant's Opposition to Plaintiffs' MSJ by November 4, 2021. The hearings on the cross-motions for summary judgment are SET for November 18, 2021 at 2:00 p.m. in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 9/30/2021)
September 30, 2021 Opinion or Order Filing 119 ORDER by Hon. Haywood S. Gilliam, Jr. SETTING the following briefing schedule: Plaintiffs' Motion for Summary Judgment (MSJ)/Supplemental Briefing in Opposition to Defendant's MSJ is due by October 14, 2021; Defendant's Opposition to Plaintiffs' MSJ/Supplemental Brief in Support of Defendant's MSJ is due by October 28, 2021; and Plaintiffs may file a reply to Defendant's Opposition to Plaintiffs' MSJ by November 4, 2021. The hearing for both Plaintiffs' MSJ and Defendant's MSJ is SET for November 18, 2021 at 2:00 p.m. Dkt. No. #116 is TERMINATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2, COURT STAFF) (Filed on 9/30/2021)
September 29, 2021 #Electronic filing error. re: #117 Opposition/Response to Motion and #118 Proposed Order filed by California Advocates for Nursing Home Reform, Bruce Anderson, Robert Austin. P lease be advised for future reference that the proposed order should be attached to the opposition filing and not e-filed as a separate filing. (slhS, COURT STAFF) (Filed on 9/29/2021)
September 28, 2021 Filing 118 [PROPOSED] ORDER SETTING DEFAULT BRIEFING SCHEDULE FOR NOVEMBER 18, 2021 HEARING re #117 Opposition/Response to Motion filed by Bruce Anderson, Robert Austin, California Advocates for Nursing Home Reform. (Borden, Matthew) (Filed on 9/28/2021)
September 27, 2021 Filing 117 OPPOSITION/RESPONSE (re #116 ADMINISTRATIVE MOTION to Set Briefing Schedule; Declaration of Deputy Attorney General Julia A. Clayton in Support ) ; Declaration of Matthew Borden filed byBruce Anderson, Robert Austin, California Advocates for Nursing Home Reform. (Attachments: #1 Exhibit A)(Borden, Matthew) (Filed on 9/27/2021)
September 27, 2021 Filing 116 ADMINISTRATIVE MOTION to Set Briefing Schedule; Declaration of Deputy Attorney General Julia A. Clayton in Support filed by Mark Ghaly. Responses due by 10/1/2021. (Attachments: #1 Proposed Order)(Clayton, Julia) (Filed on 9/27/2021)
September 21, 2021 Filing 115 Minute Entry for proceedings held before Judge Haywood S Gilliam, Jr: Further Case Management Conference held on 9/21/2021.Total Time in Court: 20 minutes. Court Reporter: Not Reported. Plaintiff Attorney: Gunnar Martz; Matthew Borden. Defendant Attorney: Hadara Stanton; Julia Ann Clayton. The Court GRANTS the Plaintiffs oral motion to file a renewed motion for summary judgment. Parties are directed to meet and confer and e-file by Monday (9/27/2021) a stipulation and proposed order setting a motion for summary briefing schedule with either a 11/18/21 or 12/9/21 hearing date. The stipulation and proposed order should include whether the simultaneous supplemental briefing will be filed separately or included in the motion for summary judgment briefing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wft, COURT STAFF) (Date Filed: 9/21/2021) Modified on 9/23/2021 to correct minutes for the wrong case. (wft, COURT STAFF).
September 14, 2021 Filing 114 CLERK'S NOTICE RE DOCKET NO. 113 Notice is hereby given that the case management conference set for September 21st will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 9/14/2021)
September 14, 2021 Opinion or Order Filing 113 ORDER by Hon. Haywood S. Gilliam, Jr. SETTING a case management conference for September 21, 2021 at 2:00 p.m. The Court anticipates requesting supplemental briefing regarding the substance of the United States' response as well as regarding Dkt. No. #103 , Defendant's statement of recent decision, and would like to discuss a schedule for that briefing. The Court also anticipates setting a hearing on the pending motions for summary judgment, and would like to discuss a date for the hearing. The Court requests that the parties meet and confer with respect to these topics before the case management conference. No case management conference statement or other filings may be submitted in advance of the conference. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2, COURT STAFF) (Filed on 9/14/2021)
September 3, 2021 Filing 112 Statement of Interest of the United States by United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Berman, Keri) (Filed on 9/3/2021)
August 27, 2021 Filing 111 STATUS REPORT by United States of America. (Berman, Keri) (Filed on 8/27/2021)
July 22, 2021 Opinion or Order Filing 110 ORDER by Hon. Haywood S. Gilliam, Jr., acknowledging receipt of Dkt. No. #109 the status report filed by the United States and further STAYING case proceedings until August 27, 2021 to provide additional time for the United States to complete its review of Dkt. No. #102 the Court's invitation to file an amicus curiae brief. The parties are advised that following receipt of the response of the United States on or before August 27, 2021, the Court will lift the stay of proceedings and is likely to request supplemental briefing on the substance of the United States' response as well as on Dkt. No. #103 Defendant's statement of recent decision. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 7/22/2021)
July 21, 2021 Filing 109 STATUS REPORT by United States of America. (Berman, Keri) (Filed on 7/21/2021)
June 22, 2021 Opinion or Order Filing 108 ORDER by Hon. Haywood S. Gilliam, Jr., acknowledging receipt of Dkt. No. #107 the status report filed by the United States and further STAYING case proceedings until July 22, 2021 to provide additional time for the United States to complete its review of Dkt. No. #102 the Court's invitation to file an amicus curiae brief. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 6/22/2021)
June 17, 2021 Filing 107 STATUS REPORT by United States of America. (Berman, Keri) (Filed on 6/17/2021)
May 19, 2021 Opinion or Order Filing 106 ORDER by Hon. Haywood S. Gilliam, Jr., acknowledging receipt of Dkt. No. #105 the status report filed by the United States and further STAYING case proceedings until June 21, 2021 to provide additional time for the United States to complete its review of Dkt. No. #102 the Court's invitation to file an amicus curiae brief. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 5/19/2021)
May 18, 2021 Filing 105 STATUS REPORT by United States of America. (Berman, Keri) (Filed on 5/18/2021)
May 3, 2021 Filing 104 NOTICE of Withdrawal of Attorney of Record by Bruce Anderson, Robert Austin, California Advocates for Nursing Home Reform (Acharya, Athul) (Filed on 5/3/2021) Modified on 5/4/2021 (bnsS, COURT STAFF).
April 27, 2021 Filing 103 Statement re #94 MOTION for Summary Judgment by Mark Ghaly. (Stanton, Hadara) (Filed on 4/27/2021)
March 30, 2021 Opinion or Order Filing 102 ORDER AND NOTICE OF INVITATION TO FILE AMICUS CURIAE BRIEF. Signed by Judge Haywood S. Gilliam, Jr. on 3/30/2021. A copy of this order has been served by First Class Mail on the Office of the Regional Administrator at the addresses listed in the order.(ndrS, COURT STAFF) (Filed on 3/30/2021)
March 19, 2021 Filing 101 PLAINTIFFS RESPONSE TO COURTS ORDER ON SUPPLEMENTAL BRIEFING(DKT. 99) re #99 Order filed by Bruce Anderson, Robert Austin, California Advocates for Nursing Home Reform. (Attachments: #1 Exhibit 1)(Related document(s) #99 ) (Borden, Matthew) (Filed on 3/19/2021) Modified on 3/22/2021 (bnsS, COURT STAFF).
March 19, 2021 Filing 100 Supplemental Brief re #99 Order filed byMark Ghaly. (Related document(s) #99 ) (Stanton, Hadara) (Filed on 3/19/2021)
March 15, 2021 Opinion or Order Filing 99 ORDER ON SUPPLEMENTAL BRIEFING. Signed by Judge Haywood S. Gilliam, Jr. on 3/15/2021. (ndrS, COURT STAFF) (Filed on 3/15/2021)
February 16, 2021 Filing 98 REPLY to Opposition (re #94 MOTION for Summary Judgment) filed by Mark Ghaly. (Attachments: #1 Declaration of Julia A. Clayton in Support of Defendants Reply to Plaintiffs Opposition to Motion for Summary Judgment)(Clayton, Julia) (Filed on 2/16/2021) Modified on 2/17/2021 (bnsS, COURT STAFF).
February 4, 2021 Terminated 2/25/2021 Hearing: See Docket No. 96 (amgS, COURT STAFF) (Filed on 2/4/2021)
February 1, 2021 Filing 97 OPPOSITION/RESPONSE (re #94 MOTION for Summary Judgment) filed byBruce Anderson, Robert Austin, California Advocates for Nursing Home Reform. (Attachments: #1 Declaration of Matthew Borden, #2 Exhibit 1 to Declaration of Matthew Borden, #3 Exhibit 2 to Declaration of Matthew Borden, #4 Exhibit 3 to Declaration of Matthew Borden, #5 Exhibit 4 to Declaration of Matthew Borden, #6 Exhibit 5 to Declaration of Matthew Borden, #7 Exhibit 6 to Declaration of Matthew Borden, #8 Exhibit 7 to Declaration of Matthew Borden, #9 Declaration of Anthony Chicotel, #10 Exhibit 1 to Declaration of Anthony Chicotel, #11 Exhibit 2 to Declaration of Anthony Chicotel, #12 Exhibit 3 to Declaration of Anthony Chicotel, #13 Exhibit 4 to Declaration of Anthony Chicotel, #14 Exhibit 5 to Declaration of Anthony Chicotel, #15 Exhibit 6 to Declaration of Anthony Chicotel, #16 Exhibit 7 to Declaration of Anthony Chicotel, #17 Exhibit 8 to Declaration of Anthony Chicotel, #18 Declaration of Vera Washington, #19 Exhibit 1 to Declaration of Vera Washington)(Borden, Matthew) (Filed on 2/1/2021)
January 26, 2021 Opinion or Order Filing 96 ORDER by Hon. Haywood S. Gilliam, Jr. GRANTING Dkt. No. #95 Defendant's Motion to Correct Filing Date. Defendant's Reply is now due on February 16, 2021. The Court also CONTINUES the dispositive motion hearing from February 25, 2021, to April 1, 2021, at 2 p.m. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 1/26/2021)
January 26, 2021 Reset Deadline and Hearing as to #94 MOTION for Summary Judgment. Reply due by 2/16/2021. Motion Hearing set for 4/1/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. See Docket No. 96 . (amgS, COURT STAFF) (Filed on 1/26/2021)
January 25, 2021 Filing 95 ADMINISTRATIVE MOTION - MOTION TO CORRECT FILING DATE filed by Mark Ghaly. Responses due by 1/29/2021. (Attachments: #1 Declaration, #2 Proposed Order)(Barca, Dane) (Filed on 1/25/2021)
January 11, 2021 Filing 94 MOTION for Summary Judgment; Memorandum of Points and Authorities filed by Mark Ghaly. Motion Hearing set for 2/25/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 1/25/2021. Replies due by 2/1/2021. (Attachments: #1 Declaration Barca, #2 Exhibits A-M to Barca Declaration, #3 Proposed Order)(Stanton, Hadara) (Filed on 1/11/2021) Modified on 1/12/2021 (bnsS, COURT STAFF).
January 11, 2021 Set/Reset Deadlines as to #94 MOTION for Summary Judgment. Responses due by 2/1/2021. Replies due by 2/15/2021. (bnsS, COURT STAFF) (Filed on 1/11/2021)
November 12, 2020 Opinion or Order Filing 93 ORDER by Judge Haywood S. Gilliam, Jr. GRANTING #79 MOTION TO DISMISS DECEASED PLAINTIFF.(ndrS, COURT STAFF) (Filed on 11/12/2020)
October 15, 2020 Opinion or Order Filing 92 ORDER by Judge Haywood S. Gilliam, Jr. Granting #91 Stipulation RE: BRIEFING SCHEDULE FOR DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. Motions due by 1/11/2021; Responses due by 2/1/2021; and Replies due by 2/15/2021. (ndrS, COURT STAFF) (Filed on 10/15/2020)
October 14, 2020 Filing 91 STIPULATION WITH PROPOSED ORDER RE: BRIEFING SCHEDULE FOR DEFENDANT'S MOTION FOR SUMMARY JUDGMENT: DECLARATION OF JULIA A. CLAYTON IN SUPPORT, filed by Mark Ghaly, California Advocate for Nursing Home Reform, Robert Austin, Bruce Anderson. (Attachments: #1 Proposed Order (Proposed) Order Re Briefing Schedule for Defendant's Motion for Summary Judgment)(Clayton, Julia) (Filed on 10/14/2020) Modified on 10/15/2020 (jlmS, COURT STAFF).
September 1, 2020 Filing 90 CLERK'S NOTICE VACATING DISCOVERY HEARING. At the request of the parties, the discovery hearing scheduled for September 3, 2020 before Magistrate Judge Corley is hereby vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 9/1/2020)
August 31, 2020 Filing 89 Discovery Letter Brief filed by Mark Ghaly. (Stanton, Hadara) (Filed on 8/31/2020) Modified on 9/17/2020 (ahm, COURT STAFF).
August 31, 2020 Filing 88 CLERK'S NOTICE. Notice is hereby given that the Court takes the pending #79 motion to dismiss filings under submission. The hearing previously scheduled for September 3rd at 2:00 p.m. is vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 8/31/2020)
August 28, 2020 Filing 87 CLERKS NOTICE SETTING ZOOM HEARING. Discovery Hearing set for 9/3/2020 at 10:00 a.m. before Magistrate Judge Jacqueline Scott Corley will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsc General Order 58. Persons granted access to court proceedings held by telephone or videoconfere nce are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 8/28/2020)
August 19, 2020 Filing 86 REPLY (re #79 MOTION to Dismiss Deceased Plaintiff John Wilson; Memoradum of Points and Authorities in Support of Motion to Dismiss Pursuant to FRCP Rule 25 ) filed by Mark Ghaly. (Barca, Dane) (Filed on 8/19/2020) Modified on 8/20/2020 (jmlS, COURT STAFF).
August 12, 2020 Filing 85 OPPOSITION/RESPONSE (re #79 MOTION to Dismiss Deceased Plaintiff John Wilson; Memoradum of Points and Authorities in Support of Motion to Dismiss Pursuant to FRCP Rule 25 ) filed byBruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. (Attachments: #1 Declaration of Gunnar K. Martz, #2 Exhibit 1 to Declaration of Gunnar K. Martz, #3 Exhibit 2 to Declaration of Gunnar K. Martz)(Martz, Gunnar) (Filed on 8/12/2020)
August 6, 2020 Filing 84 Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Discovery Hearing held by Zoom webinar on 8/6/2020. Defendants' Motion to Compel (Dkt. No. #80 ) is denied without prejudice. The Court sets a further discovery status conference for September 3, 2020 at 10:00 a.m. In advance of the status conference, the parties shall meet and confer by video to discuss what discovery Defendants continue to seek following the upcoming depositions. The parties shall also meet and confer regarding referral to a magistrate judge for settlement. (Court Reporter: JoAnn Bryce)(Time 00:21)Attorney for Plaintiff Attorney: Gunnar Martz. Attorney for Defendants: Hadara Stanton. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 8/6/2020)
August 4, 2020 Filing 83 CLERKS NOTICE SETTING ZOOM HEARING. Discovery Hearing set for 8/6/2020 at 9:00 a.m. before Magistrate Judge Jacqueline Scott Corley will be a Zoom video conferencing webinar. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/ PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1613661817?pwd=Z0tnSzBvKzJMN25SRFB3M1B6dFBadz09Meeting ID: 161 366 1817Password: 924619Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see #https://www.cand.u scourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 8/4/2020)
July 31, 2020 CASE REFERRED to Magistrate Judge Jacqueline Scott Corley for Discovery (ahm, COURT STAFF) (Filed on 7/31/2020)
July 31, 2020 Opinion or Order Filing 82 ORDER REFERRING CASE to Magistrate Judge for Discovery purposes Re Docket No. #80 . Signed by Judge Haywood S. Gilliam, Jr. on 7/31/2020. (ndrS, COURT STAFF) (Filed on 7/31/2020)
July 30, 2020 Filing 81 NOTICE of Appearance by Jennifer Perkell (Perkell, Jennifer) (Filed on 7/30/2020)
July 29, 2020 Filing 80 Defendant's Notice of Motion and MOTION to Compel (1) Electronic Service, and (2) Amended Discovery Responses and Documents; Memorandum of Points and Authorities in Support filed by Mark Ghaly. Motion Hearing set for 9/3/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 8/12/2020. Replies due by 8/19/2020. (Attachments: #1 Declaration Declaration of Deputy Attorney General Hadara R. Stanton in Support of Defendant's Motion to Compel and Exhibits A-T, #2 Proposed Order)(Stanton, Hadara) (Filed on 7/29/2020) Modified on 7/30/2020 (jmlS, COURT STAFF).
July 29, 2020 Filing 79 MOTION to Dismiss Deceased Plaintiff John Wilson; Memoradum of Points and Authorities in Support of Motion to Dismiss Pursuant to FRCP Rule 25 filed by Mark Ghaly. Motion Hearing set for 9/3/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 8/12/2020. Replies due by 8/19/2020. (Attachments: #1 Declaration Dane C. Barca, #2 Proposed Order)(Barca, Dane) (Filed on 7/29/2020)
June 15, 2020 Opinion or Order Filing 78 ORDER by Judge Haywood S. Gilliam, Jr. DENYING #57 MOTION FOR PRELIMINARY INJUNCTION AND #56 MOTION FOR PARTIAL SUMMARY JUDGMENT, AND GRANTING #51 MOTION TO QUASH.(ndrS, COURT STAFF) (Filed on 6/15/2020)
May 22, 2020 Filing 77 DEFENDANTS OBJECTIONS TO UNTIMELY DECLARATIONS to re #76 Affidavit by Mark Ghaly. (Clayton, Julia) (Filed on 5/22/2020) Modified on 5/26/2020 (jmlS, COURT STAFF).
May 21, 2020 Filing 76 AFFIDAVIT of Gunnar K. Martz by Bruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. (Attachments: #1 Exhibit A)(Martz, Gunnar) (Filed on 5/21/2020)
May 13, 2020 Filing 75 CLERK'S NOTICE. Notice is hereby given that the Court takes the pending ( #56 motion for partial summary judgment and #57 motion for preliminary injunction filings under submission. The hearings previously scheduled for May 14th at 2:00 p.m. is vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 5/13/2020)
May 11, 2020 Filing 74 AMICUS CURIAE IN SUPPORT OF DEFENDANTS OPPOSITION/RESPONSE (re #56 MOTION for Partial Summary Judgment ) filed by California Association of Health Facilities. (Attachments: #1 Request for Judicial Notice)(Kiepen, Scott) (Filed on 5/11/2020) Modified on 5/12/2020 (jmlS, COURT STAFF).
May 11, 2020 Opinion or Order Filing 73 ORDER (as modified) by Judge Haywood S. Gilliam, Jr. Granting #71 Administrative Motion Leave to File Amicus Curiae Brief in Support of Defendant. Counsel is directed to e-file the brief on the docket. (ndrS, COURT STAFF) (Filed on 5/11/2020)
May 8, 2020 Filing 72 REPLY (re #57 MOTION for Preliminary Injunction ) filed byBruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. (Attachments: #1 Declaration of Athul K. Acharya, #2 Exhibit 1 to Declaration of Athul K. Acharya, #3 Declaration of Vera Washington (Second), #4 Exhibit 1 to Declaration of Vera Washington (Second))(Borden, Matthew) (Filed on 5/8/2020)
May 8, 2020 Filing 71 ADMINISTRATIVE MOTION Leave to File Amicus Curiae Brief in Support of Defendant filed by California Association of Health Facilities. Responses due by 5/12/2020. (Attachments: #1 Declaration Katrina A. Pagonis, #2 Proposed Order, #3 Proposed Amicus Curiae Brief, #4 Request for Judicial Notice in Support of Amicus Curiae Brief)(Kiepen, Scott) (Filed on 5/8/2020)
May 6, 2020 Filing 70 NOTICE of Appearance by Gregory David Brown and Notice of Retirement of Susan M. Carson (Brown, Gregory) (Filed on 5/6/2020)
May 1, 2020 Filing 69 OBJECTIONS to re #57 MOTION for Preliminary Injunction by Mark Ghaly. (Stanton, Hadara) (Filed on 5/1/2020)
May 1, 2020 Filing 68 Request for Judicial Notice re #67 Opposition/Response to Motion ; Declaration of Julia A. Clayton in Support Thereof filed byMark Ghaly. (Related document(s) #67 ) (Stanton, Hadara) (Filed on 5/1/2020)
May 1, 2020 Filing 67 OPPOSITION/RESPONSE (re #57 MOTION for Preliminary Injunction ) filed byMark Ghaly. (Attachments: #1 Declaration of Marko Mijic)(Stanton, Hadara) (Filed on 5/1/2020)
May 1, 2020 Filing 66 CLERK'S NOTICE. The May 14th hearing will be held telephonically. All counsel shall use the following dial-in information to access the call:Dial-In: 888-808-6929/Passcode: 6064255. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 5/1/2020)
April 28, 2020 Filing 65 AMENDED REPLY (re #56 MOTION for Partial Summary Judgment) filed by Bruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. (Borden, Matthew) (Filed on 4/28/2020) Modified on 4/29/2020 (jmlS, COURT STAFF).
April 24, 2020 Filing 64 REPLY (re #56 MOTION for Partial Summary Judgment ) filed byBruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. (Borden, Matthew) (Filed on 4/24/2020)
April 13, 2020 Opinion or Order Filing 63 ORDER by Judge Haywood S. Gilliam, Jr. Granting #59 Motion for Extension of Time to File MOTION PURSUANT TO LOCAL RULE 6-3 TO EXTEND TIME FOR SECRETARY TO OPPOSE PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION. (ndrS, COURT STAFF) (Filed on 4/13/2020)
April 13, 2020 Reset Deadline as to #57 MOTION for Preliminary Injunction , See Docket No. #63 : Responses due by 5/1/2020. (ndrS, COURT STAFF) (Filed on 4/13/2020)
April 10, 2020 Filing 62 OPPOSITION/RESPONSE (re #59 MOTION for Extension of Time to File MOTION PURSUANT TO LOCAL RULE 6-3 TO EXTEND TIME FOR SECRETARY TO OPPOSE PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION; DECLARATION OF JULIA A. CLAYTON IN SUPPORT THEREOF; [PROPOSED] ORDER ) CORRECTION OF DOCKET #61 filed byBruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. (Borden, Matthew) (Filed on 4/10/2020)
April 10, 2020 Filing 61 ***DISREGARD. ERROR IN FILING PER FILER. SEE DOCKET #62 FOR CORRECTED FILING.*** OPPOSITION/RESPONSE (re #59 MOTION for Extension of Time to File MOTION PURSUANT TO LOCAL RULE 6-3 TO EXTEND TIME FOR SECRETARY TO OPPOSE PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION; DECLARATION OF JULIA A. CLAYTON IN SUPPORT THEREOF; [PROPOSED] ORDER ) filed byBruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. (Borden, Matthew) (Filed on 4/10/2020) Modified on 4/10/2020 (jmlS, COURT STAFF).
April 10, 2020 Filing 60 OPPOSITION/RESPONSE (re #56 MOTION for Partial Summary Judgment ) filed byMark Ghaly. (Attachments: #1 Declaration DECLARATION OF DANE C. BARCA IN SUPPORT OF DEFENDANTS RESPONSE TO PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT, #2 Proposed Order [PROPOSED] ORDER DENYING PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT PURSUANT TO F.R.C.P. 56(D))(Clayton, Julia) (Filed on 4/10/2020)
April 10, 2020 Filing 59 MOTION for Extension of Time to File MOTION PURSUANT TO LOCAL RULE 6-3 TO EXTEND TIME FOR SECRETARY TO OPPOSE PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION; DECLARATION OF JULIA A. CLAYTON IN SUPPORT THEREOF; [PROPOSED] ORDER filed by Mark Ghaly. (Clayton, Julia) (Filed on 4/10/2020)
April 7, 2020 Filing 58 NOTICE of Appearance by Julia Ann Clayton (Clayton, Julia) (Filed on 4/7/2020) Modified on 4/8/2020 (jmlS, COURT STAFF).
April 3, 2020 Filing 57 MOTION for Preliminary Injunction filed by Bruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. Motion Hearing set for 5/14/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 4/17/2020. Replies due by 4/24/2020. (Attachments: #1 Declaration of Matthew Borden, #2 Exhibit 1 to Declaration of Matthew Borden, #3 Exhibit 2 to Declaration of Matthew Borden, #4 Exhibit 3 to Declaration of Matthew Borden, #5 Exhibit 4 to Declaration of Matthew Borden, #6 Exhibit 5 to Declaration of Matthew Borden, #7 Declaration of Jonathan Evans, M.D., #8 Exhibit 1 to Declaration of Jonathan Evans, M.D., #9 Declaration of Anthony Chicotel, #10 Exhibit 1 to Declaration of Anthony Chicotel, #11 Exhibit 2 to Declaration of Anthony Chicotel, #12 Exhibit 3 to Declaration of Anthony Chicotel, #13 Exhibit 4 to Declaration of Anthony Chicotel, #14 Exhibit 5 to Declaration of Anthony Chicotel, #15 Exhibit 6 to Declaration of Anthony Chicotel, #16 Exhibit 7 to Declaration of Anthony Chicotel, #17 Exhibit 8 to Declaration of Anthony Chicotel, #18 Proposed Order)(Borden, Matthew) (Filed on 4/3/2020)
April 3, 2020 Filing 56 MOTION for Partial Summary Judgment filed by Bruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. Motion Hearing set for 5/14/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 4/17/2020. Replies due by 4/24/2020. (Attachments: #1 Declaration of Matthew Borden, #2 Exhibit 1 to Declaration of Matthew Borden, #3 Exhibit 2 to Declaration of Matthew Borden, #4 Exhibit 3 to Declaration of Matthew Borden, #5 Exhibit 4 to Declaration of Matthew Borden, #6 Exhibit 5 to Declaration of Matthew Borden, #7 Declaration of Jonathan Evans, M.D., #8 Exhibit 1 to Declaration of Jonathan Evans, M.D., #9 Declaration of Anthony Chicotel, #10 Exhibit 1 to Declaration of Anthony Chicotel, #11 Exhibit 2 to Declaration of Anthony Chicotel, #12 Exhibit 3 to Declaration of Anthony Chicotel, #13 Exhibit 4 to Declaration of Anthony Chicotel, #14 Exhibit 5 to Declaration of Anthony Chicotel, #15 Exhibit 6 to Declaration of Anthony Chicotel, #16 Exhibit 7 to Declaration of Anthony Chicotel, #17 Exhibit 8 to Declaration of Anthony Chicotel, #18 Proposed Order)(Borden, Matthew) (Filed on 4/3/2020)
March 24, 2020 Filing 55 REPLY In Support of Motion to Quash Subpoena to Produce Documents Served on Non-Party Gavin Newsom, in His Official Capacity As Governor of The State of California byGavin Newsom. (Barca, Dane) (Filed on 3/24/2020) Modified on 3/25/2020 (jmlS, COURT STAFF).
March 18, 2020 Filing 54 OPPOSITION/RESPONSE (re #51 MOTION to Quash Subpoena to Produce Documents Served on Non-Party Gavin Newsom, in His Official Capacity as Governor of the State of California; Memorandum of Points and Authorities in Support ) filed byBruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. (Attachments: #1 Declaration of Gunnar K. Martz, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Declaration of Matthew Borden)(Borden, Matthew) (Filed on 3/18/2020)
March 18, 2020 Filing 53 NOTICE of Appearance by Gunnar Karl Martz (Martz, Gunnar) (Filed on 3/18/2020)
March 18, 2020 Filing 52 CLERK'S NOTICE. Notice is hereby given that the Court takes the pending #51 motion to quash filings under submission. The hearing previously scheduled for April 9, 2020 at 2:00 p.m. is vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 3/18/2020)
March 4, 2020 Filing 51 MOTION to Quash Subpoena to Produce Documents Served on Non-Party Gavin Newsom, in His Official Capacity as Governor of the State of California; Memorandum of Points and Authorities in Support filed by Gavin Newsom. Motion Hearing set for 4/9/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 3/18/2020. Replies due by 3/25/2020. (Attachments: #1 Declaration, #2 Proposed Order)(Barca, Dane) (Filed on 3/4/2020)
February 20, 2020 Opinion or Order Filing 49 SCHEDULING ORDER: Amended Pleadings due by 5/11/2020; Close of Fact Discovery due by 10/5/2020; Opening Reports due by 11/2/2020; Close of Expert Discovery due by 12/4/2020; Motion Hearing set for 2/25/2021 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr.; Pretrial Conference set for 5/25/2021 03:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. and Jury Selection / Jury Trial (5-day) set for 6/14/2021 08:30 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 2/20/2020. (ndrS, COURT STAFF) (Filed on 2/20/2020)
February 19, 2020 Filing 50 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Further Case Management Conference held on 2/19/2020. FTR Time: 2:00 - 2:14. Plaintiff Attorney: Matthew Borden; Athul Acharya and Gunnar Martz. Defendant Attorney: Dane Barca and Hadar Stanton. The Court advises the parties that a stay will not be granted. Parties are directed to consider when a settlement conference with a magistrate judge would be appropriate. Written scheduling order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 2/19/2020)
February 10, 2020 Opinion or Order Filing 48 ORDER by Judge Haywood S. Gilliam, Jr. Granting #47 Stipulation Requesting Continuance of Case Management Conference. Further Case Management Conference set for 2/19/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor. (ndrS, COURT STAFF) (Filed on 2/10/2020)
February 10, 2020 Filing 47 STIPULATION WITH PROPOSED ORDER Requesting Continuance of Case Management Conference filed by Bruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. (Borden, Matthew) (Filed on 2/10/2020)
February 10, 2020 NOTICE TO COUNSEL: In the future, every stipulation requesting judicial action must be signed by all affected parties or counsel. Please refer to Local Rule 7-12. ALSO, proposed order missing suffix to Judge's Name. Counsel need not re-file document, but should reference Hon. Judge Haywood S. Gilliam, Jr. in future filings if they wish to include reference to Judge's full assignment reference. (jjbS, COURT STAFF) (Filed on 2/10/2020)
February 7, 2020 Set Hearing, See Docket No. 46 : Further Case Management Conference set for 2/12/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor. (ndrS, COURT STAFF) (Filed on 2/7/2020)
February 7, 2020 Opinion or Order Filing 46 ORDER by Hon. Haywood S. Gilliam, Jr. RESETTING the case management conference from February 11, 2020 to February 12, 2020 at 2:00 p.m. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 2/7/2020)
February 4, 2020 Filing 45 JOINT CASE MANAGEMENT STATEMENT and Proposed Case Schedule [JOINT] filed by Bruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson, and Mark Ghaly. (Borden, Matthew) (Filed on 2/4/2020) Modified on 2/5/2020 (jjbS, COURT STAFF).
January 29, 2020 Filing 44 ANSWER to #35 Amended Complaint by Mark Ghaly. (Stanton, Hadara) (Filed on 1/29/2020) Modified on 1/30/2020 (jjbS, COURT STAFF).
January 15, 2020 Opinion or Order Filing 43 ORDER by Judge Haywood S. Gilliam, Jr. DENYING DEFENDANTS #37 MOTION TO DISMISS FIRST AMENDED COMPLAINT. Case Management Statement due by 2/4/2020 and Further Case Management Conference set for 2/11/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor. (ndrS, COURT STAFF) (Filed on 1/15/2020)
December 17, 2019 Filing 42 REPLY (re #37 MOTION to Dismiss #35 First Amended Complaint ) filed byDiana Dooley, Mark Ghaly. (Barca, Dane) (Filed on 12/17/2019)
December 10, 2019 Filing 41 OPPOSITION/RESPONSE (re #37 MOTION to Dismiss #35 First Amended Complaint ) filed byBruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. (Attachments: #1 Declaration of Matthew Borden, #2 Exhibit 1)(Borden, Matthew) (Filed on 12/10/2019)
November 18, 2019 Opinion or Order Filing 40 ORDER by Judge Haywood S. Gilliam, Jr. Granting #39 Stipulation To Continue Plaintiffs' Deadline to Oppose Defendant's Motion to Dismiss. (ndrS, COURT STAFF) (Filed on 11/18/2019)
November 18, 2019 Reset Deadlines as to #37 MOTION to Dismiss #35 First Amended Complaint, See Docket No. #40 : Responses due by 12/10/2019 and Replies due by 12/17/2019. (ndrS, COURT STAFF) (Filed on 11/18/2019)
November 18, 2019 #Electronic filing error. Document missing suffix to Judge's Name. Counsel need not re-file document, but should reference Hon. Judge Haywood S. Gilliam, Jr. in future filings if they wish to include reference to Judge's full assignment reference. Re: #39 STIPULATION WITH PROPOSED ORDER To Continue Plaintiffs' Deadline to Oppose Defendant's Motion to Dismiss filed by California Advocates for Nursing Home Reform, John Wilson, Bruce Anderson, Robert Austin (jjbS, COURT STAFF) (Filed on 11/18/2019) Modified on 11/18/2019 (jjbS, COURT STAFF). Modified on 11/18/2019 (jjbS, COURT STAFF).
November 15, 2019 Filing 39 STIPULATION WITH PROPOSED ORDER To Continue Plaintiffs' Deadline to Oppose Defendant's Motion to Dismiss filed by Bruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. (Borden, Matthew) (Filed on 11/15/2019)
November 5, 2019 Filing 38 Request for Judicial Notice re #37 MOTION to Dismiss First Amended Complaint filed byMark Ghaly. (Attachments: #1 Certificate/Proof of Service)(Related document(s) #37 ) (Stanton, Hadara) (Filed on 11/5/2019)
November 5, 2019 Filing 37 MOTION to Dismiss #35 First Amended Complaint filed by Mark Ghaly. Motion Hearing set for 1/16/2020 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 11/19/2019. Replies due by 11/26/2019. (Attachments: #1 [Proposed] Order Granting Defendant's Motion to Dismiss, #2 Certificate/Proof of Service Certificate of Service)(Stanton, Hadara) (Filed on 11/5/2019) Modified on 11/6/2019 (jjbS, COURT STAFF). Modified on 11/6/2019 (jjbS, COURT STAFF).
October 9, 2019 #Electronic filing error. REMINDER TO COUNSEL: In the future, please be sure that the case number is correctly reflected on your documents as 4:15-cv-05120-HSG. Re:[3 6] Stipulation, filed by California Advocates for Nursing Home Reform, John Wilson, Bruce Anderson, Mark Ghaly, Robert Austin (jjbS, COURT STAFF) (Filed on 10/9/2019)
October 8, 2019 Filing 36 STIPULATION Continuing the Deadline for Defendant to File a Responsive Pleading to the First Amended Complaint filed by Mark Ghaly, Bruce Anderson, Robert Austin, John Wilson. and California Advocates for Nursing Home Reform. (Barca, Dane) (Filed on 10/8/2019) Modified on 10/9/2019 (jjbS, COURT STAFF).
September 30, 2019 #Electronic filing error.REMINDER TO COUNSEL: In the future, please be sure that the Court's location is correctly reflected as the OAKLAND DIVSION, not San Francisco. No f urther action is necessary. Re: #35 Amended Complaint, filed by California Advocates for Nursing Home Reform, John Wilson, Bruce Anderson, Robert Austin (jjbS, COURT STAFF) (Filed on 9/30/2019)
September 27, 2019 Filing 35 AMENDED COMPLAINT against Diana Dooley. Filed byCalifornia Advocates for Nursing Home Reform, Bruce Anderson, Robert Austin, John Wilson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Borden, Matthew) (Filed on 9/27/2019)
September 27, 2019 Filing 34 NOTICE of Appearance by Athul Karinja Acharya (Acharya, Athul) (Filed on 9/27/2019)
September 27, 2019 Filing 33 NOTICE of Change In Counsel by Matthew Brooks Borden (Borden, Matthew) (Filed on 9/27/2019)
September 6, 2019 Opinion or Order Filing 32 ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING Plaintiffs, in light of #29 the Ninth Circuit's opinion, to file an amended complaint by September 27, 2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 9/6/2019)
September 6, 2019 Set Deadline, See Docket No. 32 : Amended Pleadings due by 9/27/2019. (ndrS, COURT STAFF) (Filed on 9/6/2019)
August 9, 2019 Filing 31 MANDATE of USCA as to #27 Notice of Appeal, filed by California Advocates for Nursing Home Reform, John Wilson, Bruce Anderson, Robert Austin. (jjbS, COURT STAFF) (Filed on 8/9/2019)
July 18, 2019 Opinion or Order Filing 30 ORDER of USCA, parties shall bear their own costs, as to #27 Notice of Appeal, filed by California Advocates for Nursing Home Reform, John Wilson, Bruce Anderson, Robert Austin (jjbS, COURT STAFF) (Filed on 7/18/2019)
July 18, 2019 Filing 29 OPINION of USCA, VACATED AND REMANDED, as to #27 Notice of Appeal, filed by California Advocates for Nursing Home Reform, John Wilson, Bruce Anderson, Robert Austin. (jjbS, COURT STAFF) (Filed on 7/18/2019) Modified on 7/19/2019 (jjbS, COURT STAFF).
July 15, 2016 Filing 28 USCA Case Number 16-16193 for #27 Notice of Appeal, filed by California Advocates for Nursing Home Reform, John Wilson, Bruce Anderson, Robert Austin. (dtmS, COURT STAFF) (Filed on 7/15/2016)
July 6, 2016 Filing 27 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Bruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. (Appeal fee of $505 receipt number 0971-10584903 paid.) (Attachments: #1 Exhibit Exhibit 1 - Representation Statement)(Borden, Matthew) (Filed on 7/6/2016)
June 16, 2016 Filing 26 Transcript of Proceedings held on March 3, 2016, before Judge HSG. Court Reporter/Transcriber Victoria L. Valine, CSR, RMR, CRR, telephone number victoriavalinecsr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #25 Transcript Order, ) Redaction Request due 7/7/2016. Redacted Transcript Deadline set for 7/18/2016. Release of Transcript Restriction set for 9/14/2016. (Related documents(s) #25 ) (vlv, COURT STAFF) (Filed on 6/16/2016)
June 7, 2016 Filing 25 TRANSCRIPT ORDER for proceedings held on 03/03/2016 before Hon. Haywood S Gilliam, Jr by Bruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson, for Court Reporter Victoria Valine. (Schueller, Eva) (Filed on 6/7/2016)
June 7, 2016 Filing 24 CLERK'S JUDGMENT in favor of Diana Dooley against California Advocates for Nursing Home Reform, Bruce Anderson, John Wilson, Robert Austin. (ndrS, COURT STAFF) (Filed on 6/7/2016)
June 7, 2016 Opinion or Order Filing 23 ORDER by Judge Haywood S. Gilliam, Jr. DISMISSING COMPLAINT WITH PREJUDICE.(Granting #11 Motion to Dismiss) (ndrS, COURT STAFF) (Filed on 6/7/2016)
April 1, 2016 Filing 22 Request for Judicial Notice re #11 First MOTION to Dismiss Defendants Notice of Motion and Motion to Dismiss Complaint (Fed. R. Civ. P. 12(B)(1) & (6)) and Memorandum of Points and Authorities in Support Defendant's Request for Judicial Notice filed byDiana Dooley. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Certificate/Proof of Service Certificate of Service)(Related document(s) #11 ) (Stanton, Hadara) (Filed on 4/1/2016)
March 15, 2016 REMINDER: Pursuant to Local Rule 3-4, Judge's Initials HSG Required after the Case Number on all Documents. (dtmS, COURT STAFF) (Filed on 3/15/2016)
March 14, 2016 Filing 21 NOTICE of Appearance by Dane Christian Barca (Barca, Dane) (Filed on 3/14/2016)
March 3, 2016 Filing 20 Minute Entry for proceedings held before Hon. Haywood S. Gilliam, Jr.: Motion Hearing held on 3/3/2016. Total Time in Court 29 minutes. Court Reporter Name Vickie Valine. Plaintiff Attorney Eva Schueller; Matthew Borden. Defendant Attorney Susan Carson; Dane Barca. Defendant's motion to dismiss (docket no. #11 ) is argued and submitted by the parties, and taken under submission by the Court.(This is a text minute entry, there is no document associated with this entry.)(ndrS, COURT STAFF) (Date Filed: 3/3/2016)
February 29, 2016 Filing 19 DECLARATION of Anthony Chicotel Correction of #14 in Opposition to #11 First MOTION to Dismiss filed byBruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. (Attachments: #1 Exhibit 1 to Chicotel Declaration, #2 Exhibit 2 to Chicotel Declaration, #3 Exhibit 3 to Chicotel Declaration, #4 Exhibit 4 to Chicotel Declaration, #5 Exhibit 5 to Chicotel Declaration, #6 Exhibit 6 to Chicotel Declaration, #7 Exhibit 7 to Chicotel Declaration, #8 Exhibit 8 to Chicotel Declaration)(Related document(s) #11 ) (Borden, Matthew) (Filed on 2/29/2016) Modified on 2/29/2016 (dtmS, COURT STAFF).
January 27, 2016 Filing 18 REPLY (re #11 MOTION to Dismiss ) filed byDiana Dooley. (Stanton, Hadara) (Filed on 1/27/2016) Modified on 1/28/2016 (dtmS, COURT STAFF).
January 25, 2016 Opinion or Order Filing 17 ORDER by Judge Haywood S. Gilliam, Jr. Granting #16 Stipulation to Change Hearing Date re #11 MOTION to Dismiss. (ndrS, COURT STAFF) (Filed on 1/25/2016)
January 25, 2016 Reset Deadlines as to #11 First MOTION to Dismiss Pursuant to Docket No. #17 : Motion Hearing set for 3/3/2016 02:00 PM before Hon. Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 1/25/2016)
January 21, 2016 Filing 16 STIPULATION WITH PROPOSED ORDER to Change Hearing Date re #11 MOTION to Dismiss filed by Diana Dooley. (Stanton, Hadara) (Filed on 1/21/2016) Modified on 1/22/2016 (dtmS, COURT STAFF).
January 20, 2016 Filing 15 Declaration of Jeremy Wilson in Opposition to #11 Motion to Dismiss filed byBruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. (Attachments: #1 Exhibit 1 to Wilson Declaration, #2 Exhibit 2 to Wilson Declaration)(Related document(s) #14 ) (Borden, Matthew) (Filed on 1/20/2016) Modified on 1/21/2016 (dtmS, COURT STAFF).
January 20, 2016 Filing 14 Declaration of Anthony Chicotel in Opposition to #11 Motion to Dismiss filed byBruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. (Attachments: #1 Exhibit 1 to Chicotel Declaration, #2 Exhibit 2 to Chicotel Declaration, #3 Exhibit 3 to Chicotel Declaration, #4 Exhibit 4 to Chicotel Declaration, #5 Exhibit 5 to Chicotel Declaration, #6 Exhibit 6 to Chicotel Declaration, #7 Exhibit 7 to Chicotel Declaration, #8 Exhibit 8 to Chicotel Declaration)(Related document(s) #13 ) (Borden, Matthew) (Filed on 1/20/2016) Modified on 1/21/2016 (dtmS, COURT STAFF).
January 20, 2016 Filing 13 RESPONSE (re #11 First MOTION to Dismiss ) filed byBruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson. (Attachments: #1 Declaration of Sara Anderson in support of Opposition, #2 Exhibit 1 to Anderson Declaration, #3 Declaration of Vera Washington in support of Opposition, #4 Exhibit 1 to Washington Declaration)(Borden, Matthew) (Filed on 1/20/2016) Modified on 1/21/2016 (dtmS, COURT STAFF).
December 30, 2015 Filing 12 Request for Judicial Notice re #11 MOTION to Dismiss filed byDiana Dooley. (Attachments: #1 Exhibit Exhibit A to Defendant's Request for Judicial Notice, #2 Exhibit Exhibit B to Defendant's Request for Judicial Notice, #3 Exhibit Exhibit C to Defendant's Request for Judicial Notice, #4 Exhibit Exhibit D to Defendant's Request for Judicial Notice, #5 Exhibit Exhibit E to Defendant's Request for Judicial Notice)(Related document(s) #11 ) (Stanton, Hadara) (Filed on 12/30/2015) Modified on 1/4/2016 (dtmS, COURT STAFF).
December 30, 2015 Filing 11 MOTION to Dismiss filed by Diana Dooley. Motion Hearing set for 2/11/2016 02:00 PM in Courtroom 15, 18th Floor, San Francisco before Hon. Haywood S Gilliam Jr.. Responses due by 1/20/2016. Replies due by 1/27/2016. (Attachments: #1 Certificate/Proof of Service Certificate of Service, #2 Proposed Order [Proposed] Order)(Stanton, Hadara) (Filed on 12/30/2015) Modified on 1/4/2016 (dtmS, COURT STAFF).
December 10, 2015 Filing 10 CLERK'S NOTICE. Notice is hereby given that the Case Management Conference, previously set for February 9, 2016, before Judge Haywood S. Gilliam, Jr. is vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 12/10/2015)
December 10, 2015 Opinion or Order Filing 9 ORDER by Judge Haywood S. Gilliam, Jr. Granting #8 Stipulation Extending Time for Filing. (ndrS, COURT STAFF) (Filed on 12/10/2015)
December 10, 2015 Set Deadlines/Hearings Pursuant to Docket No. #9 : Motions due by 12/30/2015.; Responses due by 1/20/2016; Replies due by 1/27/2016; Motion Hearing set for 2/11/2016 02:00 PM before Hon. Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 12/10/2015)
December 9, 2015 Filing 8 STIPULATION WITH PROPOSED ORDER Extending Time for Filing filed by Diana Dooley. (Stanton, Hadara) (Filed on 12/9/2015) Modified on 12/9/2015 (dtmS, COURT STAFF).
November 20, 2015 Filing 7 CERTIFICATE OF SERVICE by Bruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson re #5 Initial Case Management Scheduling Order with ADR Deadlines, #6 Summons Issued, #1 Complaint, (Borden, Matthew) (Filed on 11/20/2015)
November 9, 2015 Filing 6 Summons Issued as to Diana Dooley. (dtmS, COURT STAFF) (Filed on 11/9/2015)
November 9, 2015 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/2/2016. Case Management Conference set for 2/9/2016 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (dtmS, COURT STAFF) (Filed on 11/9/2015)
November 9, 2015 Filing 4 Case assigned to Hon. Haywood S Gilliam, Jr. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (as, COURT STAFF) (Filed on 11/9/2015)
November 9, 2015 Filing 3 Certificate of Interested Entities by Bruce Anderson, Robert Austin, California Advocates for Nursing Home Reform, John Wilson (Borden, Matthew) (Filed on 11/9/2015)
November 9, 2015 Filing 2 Proposed Summons. (Borden, Matthew) (Filed on 11/9/2015)
November 9, 2015 Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400, receipt number 0971-9977516.). Filed byCalifornia Advocates for Nursing Home Reform, Bruce Anderson, Robert Austin, John Wilson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(Borden, Matthew) (Filed on 11/9/2015)

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Plaintiff: Bruce Anderson
Represented By: Athul Karinja Acharya
Represented By: Eva Krisztina Schueller
Represented By: Jonas Noah Hagey
Represented By: Athul K. Acharya
Represented By: Gunnar Karl Martz
Represented By: Kory James DeClark
Represented By: Matthew Brooks Borden
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Plaintiff: John Wilson
Represented By: Athul Karinja Acharya
Represented By: Eva Krisztina Schueller
Represented By: Jonas Noah Hagey
Represented By: Athul K. Acharya
Represented By: Gunnar Karl Martz
Represented By: Matthew Brooks Borden
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Plaintiff: Robert Austin
Represented By: Athul Karinja Acharya
Represented By: Eva Krisztina Schueller
Represented By: Jonas Noah Hagey
Represented By: Athul K. Acharya
Represented By: Gunnar Karl Martz
Represented By: Kory James DeClark
Represented By: Matthew Brooks Borden
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Plaintiff: California Advocates for Nursing Home Reform
Represented By: Athul Karinja Acharya
Represented By: Eva Krisztina Schueller
Represented By: Jonas Noah Hagey
Represented By: Athul K. Acharya
Represented By: Gunnar Karl Martz
Represented By: Kory James DeClark
Represented By: Matthew Brooks Borden
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Defendant: Diana Dooley
Represented By: Dane Christian Barca
Represented By: Hadara Rachel Stanton
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Defendant: Mark Ghaly
Represented By: Hadara Rachel Stanton
Represented By: Dane Christian Barca
Represented By: Gregory David Brown
Represented By: Jennifer Perkell
Represented By: Julia Ann Clayton
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Not classified by court: Governor Gavin Newsom
Represented By: Dane Christian Barca
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Petitioner: United States of America
Represented By: Keri Lane Berman
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Amicus curiae: California Association of Health Facilities
Represented By: Scott Jason Kiepen
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