Raymond Rodriguez, Individually and as heir and Successor-in-Interest to Agustina Rodriguez, Deceased v. CF Watsonville West LLC
Plaintiff: Raymond Rodriguez, Individually and as heir and Successor-in-Interest to Agustina Rodriguez, Deceased
Defendant: CF Watsonville West LLC doing business as Watsonville Post Acute Center
Case Number: 4:2021cv08355
Filed: October 27, 2021
Court: US District Court for the Northern District of California
Presiding Judge: Yvonne Gonzalez Rogers
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 20, 2021 Filing 21 CLERK'S NOTICE SETTING INITIAL CASE MANAGEMENT CONFERENCE FOR 1/24/22 VIA ZOOM PLATFORM. Case Management Statement due by 1/17/2022. Initial Case Management Conference set for Monday, 1/24/2022 02:00 PM via Zoom Webinar Videoconference before Hon. Yvonne Gonzalez Rogers. (Attachments: #1 Standing Order) Zoom link information will be posted on the docket in advance of the hearing. Zoom link information is also on the Judge's page on the court website www.cand.uscourts.gov/judges/gonzalez-rogers-yvonne-ygr/ (fs, COURT STAFF) (Filed on 12/20/2021)
December 16, 2021 Filing 20 CLERK'S NOTICE. Counsel is reminded that counsel must re-notice not re- file the #8 MOTION to Dismiss & #10 MOTION to Remand in compliance with Local Rule 7-2(a). The briefing schedule remains in effect. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amg, COURT STAFF) (Filed on 12/16/2021)
December 9, 2021 Filing 19 Case reassigned to Judge Yvonne Gonzalez Rogers. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Virginia K. DeMarchi no longer assigned to the case. (Attachments: #1 Notice of Eligibility for Video Recording) (bw, COURT STAFF) (Filed on 12/9/2021)
December 9, 2021 Filing 18 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #http://cand.uscourts.gov/news/225. (bw, COURT STAFF) (Filed on 12/9/2021)
December 8, 2021 Filing 17 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 12/8/2021)
December 8, 2021 Filing 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by CF Watsonville West LLC.. (Kanno, Rita) (Filed on 12/8/2021)
December 6, 2021 Filing 15 CLERKS NOTICE SETTING ZOOM HEARING. Motion to Dismiss, Dkt. #8 and Motion for Remand, Dkt. #10 set for 12/14/2021, at 10:00 AM before Magistrate Judge Virginia K. DeMarchi. This proceeding 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/vkd Court Appearances: Advanced notice is requir ed of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vkdcrd@cand.uscourts.gov no later than 12/14/2021, at 9:00 a.m..General Order 58. 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.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the co urt. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 12/6/2021)
December 6, 2021 Filing 14 SECOND CLERK'S NOTICE RE: Consent or Declination. All parties are requested to file a consent or declination to proceed before a magistrate judge by 12/9/2021. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 12/6/2021)
November 24, 2021 Filing 13 REPLY (re #8 MOTION to Dismiss ) (Defendant's Reply to Plaintiffs' Opposition to Motion to Dismiss) filed byCF Watsonville West LLC. (Kanno, Rita) (Filed on 11/24/2021)
November 17, 2021 Filing 12 OPPOSITION/RESPONSE (re #10 MOTION to Remand and Response in Opposition to Defendant's 12(b)(6) Motion to Dismiss ) filed byCF Watsonville West LLC. (Attachments: #1 Supplement (Defendant's Request for Judicial Notice in Support of Opposition to Plaintiffs' Motion to Remand))(Kanno, Rita) (Filed on 11/17/2021)
November 12, 2021 Filing 11 CLERK'S NOTICE RE: Consent or Declination. All parties are requested to file a consent or declination to proceed before a magistrate judge by 11/19/2021. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 11/12/2021)
November 12, 2021 Filing 10 MOTION to Remand and Response in Opposition to Defendant's 12(b)(6) Motion to Dismiss filed by Raymond Rodriguez, Individually and as heir and Successor-in-Interest to Agustina Rodriguez, Deceased. Motion Hearing set for 12/14/2021 10:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K. DeMarchi. Responses due by 11/17/2021. Replies due by 11/24/2021. (Attachments: #1 Declaration Declaration of Dawn M. Smith, #2 Exhibit Ex. 1 Original Complaint, #3 Exhibit Ex. 2 AO21-01, #4 Exhibit Ex. 3, #5 Exhibit Ex. 4)(Smith, Dawn) (Filed on 11/12/2021)
November 3, 2021 Filing 9 Request for Judicial Notice re #8 MOTION to Dismiss filed by CF Watsonville West LLC. (Related document(s) #8 ) (Kanno, Rita) (Filed on 11/3/2021) Modified on 11/4/2021 (kmg, COURT STAFF).
November 3, 2021 Filing 8 MOTION to Dismiss filed by CF Watsonville West LLC. Motion Hearing set for 12/14/2021 10:00 AM in San Jose, Courtroom 2, 5th Floor before Magistrate Judge Virginia K. DeMarchi. Responses due by 11/17/2021. Replies due by 11/24/2021. (Attachments: #1 Proposed Order (Granting Motion to Dismiss))(Kanno, Rita) (Filed on 11/3/2021)
October 28, 2021 Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/18/2022. Initial Case Management Conference set for 1/25/2022 01:30 PM in San Jose, - To be determined. (ecg, COURT STAFF) (Filed on 10/28/2021)
October 28, 2021 Filing 6 Case assigned to Magistrate Judge Virginia K. DeMarchi. 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. Consent/Declination due by 11/12/2021. (ha, COURT STAFF) (Filed on 10/28/2021)
October 27, 2021 Filing 5 Certificate of Interested Entities by CF Watsonville West LLC re #4 Amended Notice of Removal,, (Amended Certificate of Interested Entities or Persons) (Kanno, Rita) (Filed on 10/27/2021)
October 27, 2021 Filing 4 AMENDED NOTICE OF REMOVAL against Raymond Rodriguez, Individually and as heir and Successor-in-Interest to Agustina Rodriguez, Deceased. Filed byCF Watsonville West LLC. (Attachments: #1 Exhibit A (Re Defendant's Notice of Removal), #2 Civil Cover Sheet (Amended Civil Cover Sheet; Amended Only as to Division Corrected to San Jose), #3 Supplement (Amended Notice to Adverse Party of Removal, #4 Supplement (Amended Request for Judicial Notice in Support of Defendant's Notice of Removal), #5 Exhibit 1 to 12 (Re Request for Judicial Ntc), #6 Exhibit 13 to 26 (Re Request for Judicial Ntc), #7 Exhibit 27 to 34 (Re Request for Judicial Ntc))(Kanno, Rita) (Filed on 10/27/2021)
October 27, 2021 Filing 3 Request for Judicial Notice re #1 Notice of Removal, filed byCF Watsonville West LLC. (Attachments: #1 Exhibit 1 to 12, #2 Exhibit 13 to 26, #3 Exhibit 27 to 34)(Related document(s) #1 ) (Kanno, Rita) (Filed on 10/27/2021)
October 27, 2021 Filing 2 Certificate of Interested Entities by CF Watsonville West LLC (Kanno, Rita) (Filed on 10/27/2021)
October 27, 2021 Filing 1 NOTICE OF REMOVAL from Santa Cruz Superior Court. Their case number is 21CV02349. (Filing fee $402 receipt number ACANDC-16558480). Filed byCF Watsonville West LLC. (Attachments: #1 Exhibit A (Re Defendant's Notice of Removal), #2 Civil Cover Sheet, #3 Supplement Notice to Adverse Party of Removal)(Kanno, Rita) (Filed on 10/27/2021)

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Plaintiff: Raymond Rodriguez, Individually and as heir and Successor-in-Interest to Agustina Rodriguez, Deceased
Represented By: Dawn Marie Smith
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Defendant: CF Watsonville West LLC doing business as Watsonville Post Acute Center
Represented By: Rita Rebecca Kanno
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