Navarro v. Cedar Holdings, LLC et al
| Lesia Navarro |
| Does 1 through 25, Cedar Holdings, LLC doing business as Highland Palms Healthcare Center and Plum Healthcare Group, LLC |
| 3:2021cv00353 |
| February 26, 2021 |
| US District Court for the Southern District of California |
| Anthony J Battaglia |
| Mitchell D Dembin |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 pi |
| Both |
Docket Report
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| Document Text |
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| Filing 15 REPLY to Response to Motion re #10 MOTION to Remand filed by Lesia Navarro. (Attachments: #1 Request for Judicial Notice PLAINTIFFS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF REPLY BRIEF RELATING TO MOTION TO REMAND)(Fishback, Stephen) (jrm). |
| Filing 14 RESPONSE in Opposition re #10 MOTION to Remand filed by Cedar Holdings, LLC, Plum Healthcare Group, LLC. (Attachments: #1 Request for Judicial Notice, #2 Exhibit A-Complaint, #3 Exhibit B-HHS Dec of PH Emergency, #4 Exhibit C-Newsom Dec 3.4.20, #5 Exhibit D-Trump Dec of Emergency 3.13.20, #6 Exhibit E-PREP Act Dec, #7 Exhibit F-1st Amended PREP Dec, #8 Exhibit G-Second Amended Dec, #9 Exhibit H-PREP Act Advisory Op HHS, #10 Exhibit I-PREP Act Covered Devices and Tests, #11 Exhibit J-HHS Advisory Op 10.22.20, #12 Exhibit K-HHS Advisory Op 21-10 1.8.21, #13 Exhibit L-Fourth Amended Prep Dec, #14 Exhibit M-Fifth Amended Dec under PREP Act, #15 Exhibit N-HHS Letter Prep Act 8.14.20-02, #16 Exhibit O-CDC 1.8.20, #17 Exhibit P-CDC 1.17.20, #18 Exhibit Q-CDC 1.24.20, #19 Exhibit R-CDC 2.1.20 Updated Guidance, #20 Exhibit S-CDPH AFLS Jan and Feb 2020, #21 Exhibit T-CMS 2.6.20 Memo, #22 Exhibit U-CDC 2.28.20 Updated Interim Guidance, #23 Exhibit V-3.3.20 CDC Strategies, #24 Exhibit W-CDPH AFL 3.3.20, #25 Exhibit X-CMS 3.4.20 Memo, #26 Exhibit Y-CDC 3.8.20 Updated Guidance, #27 Exhibit Z-CDC 3.10.20, #28 Exhibit AA-CMS 3.10.20 Memo, #29 Exhibit BB-CDPH AFL 20-22 3.11.20, #30 Exhibit CC-CMS 3.13.20 Memo, #31 Exhibit DD-3.17.20 CDC Memos, #32 Exhibit EE-CMS 3.20.20 QSO 20-20, #33 Exhibit FF-3.21.20 CDC Prep for Covid 19, #34 Exhibit GG-4.2.20 CMS Covid 19 LTCF Guidance, #35 Exhibit HH-5.2.20 AFL 44.1, #36 Exhibit II-5.22.20 AFL 53, #37 Exhibit JJ-HHS Advisory Op 10.22.20, #38 Exhibit KK-8.31.20 Guidance PREP Coverage for Screening, #39 Exhibit LL-Statement of Interest of US (Bolton v. Gallatin), #40 Declaration OF RYAN G. CANAVAN, #41 Exhibit MM to Declaration of Ryan G. Canavan, #42 Exhibit NN to Declaration of Ryan G. Canavan, #43 Exhibit OO to Declaration of Ryan G. Canavan, #44 Exhibit PP to Declaration of Ryan G. Canavan, #45 Exhibit QQ to Declaration of Ryan G. Canavan, #46 Declaration of Daniel Driggs, #47 Exhibit 1 to Declaration of Daniel Driggs)(Cruz, Kim) (jrm). |
Filing 13
Order on Joint Motion to Stay the Briefing and Vacate the May 13, 2021, Hearing Date on Defendants Motion to Dismiss (FRCP 12(B)(6)) and Motion to Strike (FRCP 12(F)) Pending the Ruling on Plaintiffs Motion to Remand. Signed by Judge Anthony J. Battaglia on 3/18/2021. (jrm)
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Filing 12
ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #10 MOTION to Remand : Responses due by 4/1/2021; Replies due by 4/8/2021; sur-replies will not be accepted. Motion Hearing set for 5/13/2021 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.(no document attached) (sc)
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| Filing 11 Joint MOTION to Stay Briefing and Vacate the May 13, 2021 Hearing Date on Defendant's Motion to Dismiss/Strike Pending Ruling on Plaintiff's Motion to Remand by Cedar Holdings, LLC, Plum Healthcare Group, LLC. (Cruz, Kim) (jrm). |
| Filing 10 MOTION to Remand by Lesia Navarro. (Attachments: #1 Memo of Points and Authorities Plaintiff's Memorandum of Points and Authorities in Support of Motion to Remand, #2 Request for Judicial Notice Plaintiff's Request for Judicial Notice in Support of Motion to Remand)(Fishback, Stephen) QC mailer sent re incorrect signature on 3/16/2021; withdraw/refile (jrm). |
| Filing 9 NOTICE of Appearance NOTICE OF APPEARANCE ON BEHALF OF PLAINTIFF BY STEPHEN M. FISHBACK AND DIRAN H. TASHJIAN by Stephen M. Fishback on behalf of Lesia Navarro (Fishback, Stephen)Attorney Stephen M. Fishback added to party Lesia Navarro(pty:pla) (jrm). |
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Filing 8
ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #7 MOTION to Dismiss for Failure to State a Claim and Motion to Strike : Responses due by 3/19/2021; Replies due by 3/26/2021; sur-replies will not be accepted. Motion Hearing set for 5/13/2021 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.(no document attached) (sc)
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| Filing 7 MOTION to Dismiss for Failure to State a Claim and Motion to Strike by Cedar Holdings, LLC, Plum Healthcare Group, LLC. (Attachments: #1 Declaration of Kim S. Cruz, Esq., #2 Request for Judicial Notice ISO Motion to Dismiss, #3 Exhibit A-Complaint, #4 Exhibit B-HHS Dec of PH Emergency, #5 Exhibit C-Newsom Dec 3-4-20, #6 Exhibit D-WHO Covid 19 March 11, 2020, #7 Exhibit E-Trump Dec March 13, 20, #8 Exhibit F-March 15, 20 Covid 19 Facilities, #9 Exhibit G-Notice of Removal, #10 Exhibit I-PREP Act Dec, #11 Exhibit J-Amended Dec PREP, #12 Exhibit K-2nd Amended PREP Dec, #13 Exhibit L-CDC Jan 8, 2020, #14 Exhibit M-CDC Jan 17, 2020, #15 Exhibit N-CDC Jan 24, 2020, #16 Exhibit O-CDC Feb 1, 2020 Updated Interim Guidance, #17 Exhibit P-CDPH AFLS Jan and Feb 2020, #18 Exhibit Q-CMS Feb 6, 2020 Memo, #19 Exhibit R-CDC Feb 28, 2020 updated interim guidance, #20 Exhibit S-March 2020 CDC Strategies, #21 Exhibit T-CDPH AFL March 3, 2020, #22 Exhibit U-CMS March 4, 2020 Memo, #23 Exhibit V-CDC March 8, 2020 Updated Guidance, #24 Exhibit W-CDC March 10, 2020, #25 Exhibit X-CMS March 10, 2020 Memo, #26 Exhibit Y-CDPH AFL 20-22 March 11, 2020, #27 Exhibit Z-CMS March 13, 2020 Memo, #28 Exhibit AA-March 17, 2020 CDC Memos, #29 Exhibit BB-CMS March 21, 2020 CDC Prep for Covid 19, #30 Exhibit CC-March 21, 2020 CDC Prep for Covid 19, #31 Exhibit DD-April 2, 2020 CMS Covid 19 LTCF Guidance, #32 Exhibit EE-April 17, 20 OCG AO, #33 Exhibit FF-List Countermeasures, #34 Exhibit GG-Oct 22, 20 HHS AO, #35 Exhibit HH-OGC AO Jan 8, 2021, #36 Exhibit II-4th Amended HHS Dec, #37 Exhibit JJ-5th 5th Amended HHS Dec, #38 Exhibit KK-Aug 14, 2020 HHS Letter, #39 Exhibit LL-March 30, 2020 AFL, #40 Declaration of Ryan G. Canavan, Esq., #41 Exhibit MM to Dec of Ryan G. Canavan, Esq., #42 Exhibit NN to Dec of Ryan G. Canavan, #43 Exhibit OO to Dec of Ryan G. Canavan, #44 Exhibit PP to Dec of Ryan G. Canavan, #45 Exhibit QQ to Dec of Ryan G. Canavan)(Cruz, Kim) (jrm). |
| Filing 6 NOTICE of Appearance of Counsel by Ryan Canavan on behalf of Cedar Holdings, LLC, Plum Healthcare Group, LLC (Canavan, Ryan)Attorney Ryan Canavan added to party Cedar Holdings, LLC(pty:dft), Attorney Ryan Canavan added to party Plum Healthcare Group, LLC(pty:dft) (jrm). |
| Filing 5 NOTICE of Appearance of Counsel by William Crawford Wilson on behalf of Cedar Holdings, LLC, Plum Healthcare Group, LLC (Wilson, William)Attorney William Crawford Wilson added to party Cedar Holdings, LLC(pty:dft), Attorney William Crawford Wilson added to party Plum Healthcare Group, LLC(pty:dft) (jrm). |
| Filing 4 NOTICE of Appearance of Counsel by Kim S. Cruz on behalf of Cedar Holdings, LLC, Plum Healthcare Group, LLC (Cruz, Kim)Attorney Kim S. Cruz added to party Cedar Holdings, LLC(pty:dft), Attorney Kim S. Cruz added to party Plum Healthcare Group, LLC(pty:dft) (jrm). |
| Filing 3 Corporate Disclosure Statement by Highland Palms Healthcare Center identifying Other Affiliate Flower Farm Group, LLC, Other Affiliate New Sisu Holdco, LLC., Other Affiliate California Opco, LLC for Highland Palms Healthcare Center. (mcb) (sjt). |
| Filing 2 Corporate Disclosure Statement by Plum Healthcare Group, LLC identifying Other Affiliate Flower Farm Group, LLC, Other Affiliate New Sisu Holdco, LLC. for Plum Healthcare Group, LLC.. (mcb)(sjt). |
| Filing 1 NOTICE OF REMOVAL with Jury Demand ( Filing fee $ 402 receipt number ACASDC-15452789.), filed by Cedar Holdings, LLC, Plum Healthcare Group, LLC.(Attachments: #1 Civil Cover Sheet, #2 State Court Documents, #3 Request for Judicial Notice Request for Judicial Notice, #4 Exhibit Exhibits A-B to Request for Judicial Notice, #5 Exhibit Exhibits C-D to Request for Judicial Notice, #6 Exhibit Exhibits E-H to Request for Judicial Notice, #7 Exhibit Exhibits I-M to Request for Judicial Notice, #8 Exhibit Exhibits N-O to Request for Judicial Notice, #9 Exhibit Exhibits P-U to Request for Judicial Notic, #10 Exhibit Exhibits V-X to Request for Judicial Notice, #11 Exhibit Exhibits Y-Z to Request for Judicial Notice, #12 Exhibit Exhibits AA-CC to Request for Judicial Notice, #13 Exhibit Exhibits DD-EE to Request for Judicial Notice)The new case number is 3:21-cv-353-AJB-MDD. Judge Anthony J. Battaglia and Magistrate Judge Mitchell D. Dembin are assigned to the case. (mcb). (sjt). |
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