O'Neal v. CF Watsonville West LLC
| Otis Robert O'Neal Jr, Individually and as heir and Successor-in-Interest to Otis Robert O'Neal Deceased and Otis Robert O'Neal, Jr. |
| CF Watsonville West LLC doing business as Watsonville Post Acute Center |
| 3:2021cv08450 |
| October 29, 2021 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| Richard Seeborg |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1346 |
| Both |
Docket Report
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This docket was last retrieved on February 11, 2022. A more recent docket listing may be available from PACER.
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Filing 19
AMENDED DOCUMENT by CF Watsonville West LLC. Amendment to #17 Renotice motion hearing (Amended Defendant's Renotice of Motion to Dismiss). (Kanno, Rita) (Filed on 12/16/2021)
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Filing 18
Renotice motion hearing re #6 MOTION to Compel Binding Arbitration filed byCF Watsonville West LLC. (Related document(s) #6 ) (Kanno, Rita) (Filed on 12/16/2021)
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Filing 17
Renotice motion hearing re #7 MOTION to Dismiss filed byCF Watsonville West LLC. (Related document(s) #7 ) (Kanno, Rita) (Filed on 12/16/2021)
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Filing 16
Renotice motion hearing re #9 MOTION to Remand and Response in Opposition to Defendant's 12(b)(6) Motion to Dismiss filed byOtis Robert O'Neal, Jr. (Related document(s) #9 ) (Smith, Dawn) (Filed on 12/16/2021)
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Set/Reset as to #9 MOTION to Remand and Response in Opposition to Defendant's 12(b)(6) Motion to Dismiss. Motion Hearing set for 1/20/2022 01:30 PM in San Francisco, - Videoconference Only before Judge Richard Seeborg. (cl, COURT STAFF) (Filed on 12/16/2021)
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Set/Reset as to #6 MOTION to Compel Binding Arbitration, #7 MOTION to Dismiss . Motion Hearing set for 1/20/2022 at 01:30 PM in San Francisco, - Videoconference Only before Judge Richard Seeborg. (cl, COURT STAFF) (Filed on 12/16/2021)
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Filing 15
MOTION to Compel Binding Arbitration filed by CF Watsonville West LLC. Motion Hearing set for 1/20/2022 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 12/29/2021. Replies due by 1/5/2022. (Attachments: #1 Proposed Order (Granting Defendant's Motion to Compel Binding Arbitration))(Kanno, Rita) (Filed on 12/15/2021)
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Filing 14
MOTION to Dismiss filed by CF Watsonville West LLC. Motion Hearing set for 1/20/2022 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 12/29/2021. Replies due by 1/5/2022. (Attachments: #1 Proposed Order (Granting Defendant's Motion to Dismiss), #2 Supplement (Request for Judicial Notice in Support of Defendant's Motion to Dismiss))(Kanno, Rita) (Filed on 12/15/2021)
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Filing 13
OPPOSITION/RESPONSE (re #9 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 Motion to Remand))(Kanno, Rita) (Filed on 11/19/2021)
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Filing 12
CLERK'S NOTICE RE REASSIGNED CASE: You are notified that the Court has scheduled an Initial Case Management Conference set for January 27, 2022 at 10:00 AM before Judge Richard Seeborg upon reassignment. Case Management Statement due by January 20, 2022. All parties shall appear by videoconference using log-in instructions the Court will provide in advance. All pending motions will be taken off-calendar and must be renoticed by the moving party for a new hearing according to Judge Seeborg's available dates, which are listed on his webpage under the section "Scheduling Notes." The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. For a copy of Judge Seeborg's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 11/16/2021)
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Filing 11
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 11/16/2021)
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Case REASSIGNED to Judge Richard Seeborg. Magistrate Judge Nathanael M. Cousins no longer assigned to the case. (bw, COURT STAFF) (Filed on 11/16/2021)
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Filing 10
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 11/15/2021)
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Filing 9
NOTICE OF MOTION AND JOINT MOTION TO REMAND AND RESPONSE IN OPPOSITION TO DEFENDANTS 12(b)(6) MOTION TO DISMISS [Re: Santa Cruz County Superior Court Case No. 21CV02392.] filed by Otis Robert O'Neal, Jr. Motion Hearing set for 12/22/2021 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 11/19/2021. Replies due by 11/26/2021. (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)
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Filing 8
CLERK'S NOTICE RE: Consent or Declination. All parties are requested to file a consent or declination to proceed before a magistrate judge by 11/12/2021. 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 11/5/2021)
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Filing 7
MOTION to Dismiss filed by CF Watsonville West LLC. Motion Hearing set for 12/22/2021 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 11/19/2021. Replies due by 11/26/2021. (Attachments: #1 Proposed Order (Granting Defendants' Motion to Dismiss), #2 Supplement (Request for Judicial Notice in Support of Defendant's Motion to Dismiss))(Kanno, Rita) (Filed on 11/5/2021)
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Filing 6
MOTION to Compel Binding Arbitration filed by CF Watsonville West LLC. Motion Hearing set for 12/22/2021 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 11/19/2021. Replies due by 11/26/2021. (Attachments: #1 Proposed Order (Granting Defendant's Motion to Compel Binding Arbitration))(Kanno, Rita) (Filed on 11/5/2021).
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Filing 5
Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 1/26/2022. Initial Case Management Conference set for 2/2/2022 at 10:00 AM in San Jose, Courtroom 4, 5th Floor. (tn, COURT STAFF) (Filed on 11/1/2021)
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Filing 4
Case assigned to Magistrate Judge Nathanael M. Cousins. 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 10/29/2021)
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Filing 3
Request for Judicial Notice in Support of re #1 Notice of Removal filed by CF 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 10/29/2021)
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Filing 2
CERTIFICATE OF INTERESTED ENTITIES OR PERSONS [FRCP 7.1 and Civil L.R. 3-15] filed by CF Watsonville West LLC (Kanno, Rita) (Filed on 10/29/2021)
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Filing 1
NOTICE OF REMOVAL from Santa Cruz County Superior Court. Their case number is 21CV02392, (Filing Fee: $402.00, receipt number ACANDC-16570161). Filed by CF 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 10/29/2021) Modified on 11/1/2021 (tn, COURT STAFF).
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| Plaintiff: Otis Robert O'Neal Jr, Individually and as heir and Successor-in-Interest to Otis Robert O'Neal Deceased | |
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| Plaintiff: Otis Robert O'Neal, Jr. | |
| 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 |
| Represented By: | Kathleen Marie Walker |
| Represented By: | Lann Gottesman McIntyre |
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