Santucci et al v. Balboa Healthcare, Inc. et al
Plaintiff: Frank Santucci and Elizabeth Santucci
Defendant: Balboa Healthcare, Inc. doing business as Balboa Nursing & Rehabilitation Center, a Skilled Nursing Facility, Providence Group, Inc., Saleem Rajper, M.D., Does 1-10 and Saleem Rajper, MD
Case Number: 3:2021cv01584
Filed: September 8, 2021
Court: US District Court for the Southern District of California
Presiding Judge: Jill L Burkhardt
Referring Judge: Larry Alan Burns
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1331 mm
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 1, 2021 Filing 15 NOTICE of Joinder by Saleem Rajper, MD re #14 Response in Opposition to Motion,,,,,,,, (Rubaum, David)(dxf).
November 1, 2021 Filing 14 RESPONSE in Opposition re #10 MOTION to Remand to State Court filed by Balboa Healthcare, Inc., Providence Group, Inc.. (Attachments: #1 Request for Judicial Notice ISO Opposition to Motion to Remand, #2 Exhibit A-Complaint, #3 Exhibit B-PREP Act Dec, #4 Exhibit C-Amended Dec Invoking PREP Act, #5 Exhibit D-2nd Amended Dec Invoking PREP Act, #6 Exhibit E-4th Amended HHS Dec, #7 Exhibit F-HHS Letter PREP Act 8.14.2020, #8 Exhibit G-HHS Advisory Opinion 10.22.2020, #9 Exhibit H-PREP Act Advisory Opinion by HHS 4.17.2020, #10 Exhibit I-PREP Act Covered Devices and Tests, #11 Exhibit J-CDC Jan 8. 2020, #12 Exhibit K-CDC Jan 17, 2020, #13 Exhibit L-CDC Jan 24, 2020, #14 Exhibit M-CDC Feb 1, 2020 Updated Guidance, #15 Exhibit N-CDPH AFLS Jan & Feb 2020, #16 Exhibit O-CMS Feb 6, 2020 Memo, #17 Exhibit P-CD Feb 28, 2020 Updated Interim Guidance, #18 Exhibit Q-March 1 or 3, 2020 CDC Strategies, #19 Exhibit R-CDPH AFL March 3, 2020, #20 Exhibit S-CMS March 4, 2020 Memo, #21 Exhibit T-CDC March 8, 2020 Updated Guidance, #22 Exhibit U-CDC March 10, 2020, #23 Exhibit V-CMS March 10, 2020 Memo, #24 Exhibit W-CDPH AFL 20-22 March 11, 2020, #25 Exhibit X-CMS March 13, 2020 Memo, #26 Exhibit Y-March 17, 220 CDC Memos, #27 Exhibit Z-CMS March 20, 2020 QSO 20-20, #28 Exhibit AA-3.21.2020 CDC PREP for Covid 19, #29 Exhibit BB-4.2.2020 CMS Covid 19 LTCF Guidance, #30 Exhibit CC-5th Amended Dec Under PREP Act, #31 Exhibit DD-HHS Advisory Opinion 21-01 Jan 8, 2021, #32 Exhibit FF-Designation of Scarce Materials by HHS, #33 Exhibit GG-Rachal v. Natchtoches Nursing & Rehab, #34 Exhibit HH-Umbrella EUA for Surgical Masks Not Cleared by FDA, #35 Exhibit II-Hand Sanitizer Revised Final Guidance, #36 Exhibit JJ-Surveys, #37 Declaration of Kim S. Cruz ISO Opposition to Motion to Remand, #38 Exhibit KK to Declaration of Kim S. Cruz, #39 Exhibit LL to Declaration of Kim S. Cruz, #40 Exhibit MM to Declaration of Kim S. Cruz)(Cruz, Kim)(dxf).
October 14, 2021 Opinion or Order Filing 13 ORDER Granting Joint Motion To Extend Time For Defendant Saleem Rajper, M.D. To Respond To Plaintiffs' Complaint #12 . Signed by Judge Larry Alan Burns on 10/13/2021. (dxf) (dlg).
October 12, 2021 Filing 12 Joint MOTION for Extension of Time to File Response to Plaintiff's Complaint by Saleem Rajper, MD. (Attachments: #1 Proposed Order)(Rubaum, David) QC Mailer, re proposed order emailed (dxf).
October 12, 2021 Filing 11 NOTICE of Appearance of Counsel by David J. Rubaum on behalf of Saleem Rajper, MD (Rubaum, David)Attorney David J. Rubaum added to party Saleem Rajper, MD(pty:dft) (dxf).
October 6, 2021 Filing 10 MOTION to Remand to State Court by Elizabeth Santucci, Frank Santucci. (Attachments: #1 Memo of Points and Authorities in Support of Plaintiffs' Motion for Remand, #2 Declaration of Natalie B. Holm in Support of Plaintiffs' Motion for Remand, #3 Exhibit to Declaration of Natalie B. Holm in Support of Plaintiffs' Motion for Remand, #4 Proof of Service Certificate of Service)(Holm, Natalie) (dxf).
September 17, 2021 Opinion or Order Filing 9 ORDER 1) Setting Deadline For Remand Motion; 2) Vacating Hearing On Motion To Dismiss; 3) Staying Briefing On Motion To Dismiss; And 4) Denying Motion For Extension Of Time As Moot [Dkt. #4 ]. Signed by Judge Larry Alan Burns on 9/17/2021. (dxf) (dlg).
September 16, 2021 Filing 8 NOTICE of Appearance by William Crawford Wilson on behalf of Balboa Healthcare, Inc., Providence Group, Inc. (Wilson, William)Attorney William Crawford Wilson added to party Balboa Healthcare, Inc.(pty:dft), Attorney William Crawford Wilson added to party Providence Group, Inc.(pty:dft) (dxf).
September 15, 2021 Filing 7 MOTION to Dismiss and MOTION to Strike Complaint by Balboa Healthcare, Inc., Providence Group, Inc.. (Attachments: #1 Request for Judicial Notice in support of Defendants' Motion to Dismiss and Motion to Strike, #2 Exhibit A to Request for Judicial Notice, #3 Exhibit B to Request for Judicial Notice, #4 Exhibit C to Request for Judicial Notice, #5 Exhibit E to Request for Judicial Notice, #6 Exhibit F to Request for Judicial Notice, #7 Exhibit G to Request for Judicial Notice, #8 Exhibit H to Request for Judicial Notice, #9 Exhibit I to Request for Judicial Notice, #10 Exhibit J to Request for Judicial Notice, #11 Exhibit K to Request for Judicial Notice, #12 Exhibit L to Request for Judicial Notice, #13 Exhibit M to Request for Judicial Notice, #14 Exhibit N to Request for Judicial Notice, #15 Exhibit O to Request for Judicial Notice, #16 Exhibit P to Request for Judicial Notice, #17 Exhibit Q to Request for Judicial Notice, #18 Exhibit R to Request for Judicial Notice, #19 Exhibit S to Request for Judicial Notice, #20 Exhibit T to Request for Judicial Notice, #21 Exhibit U to Request for Judicial Notice, #22 Exhibit V to Request for Judicial Notice, #23 Exhibit W to Request for Judicial Notice, #24 Exhibit X to Request for Judicial Notice, #25 Exhibit Y to Request for Judicial Notice, #26 Exhibit Z to Request for Judicial Notice, #27 Exhibit AA to Request for Judicial Notice, #28 Exhibit BB to Request for Judicial Notice, #29 Exhibit CC to Request for Judicial Notice, #30 Exhibit DD to Request for Judicial Notice, #31 Declaration EE to Request for Judicial Notice, #32 Exhibit FF to Request for Judicial Notice, #33 Exhibit GG to Request for Judicial Notice, #34 Exhibit HH to Request for Judicial Notice, #35 Exhibit II to Request for Judicial Notice, #36 Exhibit JJ to Request for Judicial Notice, #37 Exhibit KK to Request for Judicial Notice, #38 Exhibit LL to Request for Judicial Notice, #39 Exhibit OO to Request for Judicial Notice, #40 Exhibit PP to Request for Judicial Notice, #41 Exhibit QQ to Request for Judicial Notice, #42 Exhibit RR to Request for Judicial Notice, #43 Exhibit VV to Request for Judicial Notice, #44 Exhibit WW to Request for Judicial Notice, #45 Declaration of Kim S. Cruz in support of Motion to Dismiss and Strike, #46 Exhibit MM to Declaration of Kim S. Cruz, #47 Exhibit NN to Declaration of Kim S. Cruz)(Topol, Evan) (dxf).
September 15, 2021 Filing 6 NOTICE of Appearance by Ryan Canavan on behalf of Balboa Healthcare, Inc., Providence Group, Inc. (Canavan, Ryan)Attorney Ryan Canavan added to party Balboa Healthcare, Inc.(pty:dft), Attorney Ryan Canavan added to party Providence Group, Inc.(pty:dft) (dxf).
September 15, 2021 Filing 5 NOTICE of Appearance by Evan John Topol on behalf of Balboa Healthcare, Inc., Providence Group, Inc. (Topol, Evan)Attorney Evan John Topol added to party Balboa Healthcare, Inc.(pty:dft), Attorney Evan John Topol added to party Providence Group, Inc.(pty:dft) (dxf).
September 14, 2021 Filing 4 Joint MOTION for Extension of Time to File Answer by Balboa Healthcare, Inc., Providence Group, Inc.. (Attachments: #1 Proposed Order on Joint Motion)(Cruz, Kim) QC Mailer sent re the proposed order(dxf).
September 8, 2021 Filing 3 REQUEST FOR JUDICIAL NOTICE by Balboa Healthcare, Inc., Providence Group, Inc. (fth)
September 8, 2021 Filing 2 Corporate Disclosure Statement by Balboa Healthcare, Inc., Providence Group, Inc. No corporate parents identified. (fth) (rmc).
September 8, 2021 Filing 1 NOTICE OF REMOVAL with Jury Demand ( Filing fee $ 402 receipt number ACASDC-16112664.), filed by Providence Group, Inc., Balboa Healthcare, Inc. (Attachments: #1 Civil Cover Sheet, #2 Summons and Complaint filed in Superior Court, #3 Declaration of Kim S. Cruz, #4 Exhibit A-Complaint, #5 Exhibit B-PREP Act Declaration, #6 Exhibit C-Amended Declaration Invoking PREP Act, #7 Exhibit D-2nd Amended Declaration Invoking PREP Act, #8 Exhibit E-4th Amended HHS Declaration, #9 Exhibit F-HHS Letter PREP Act 8.14.2020, #10 Exhibit G-HHS Advisory Opinion 10.22.20, #11 Exhibit H-PREP Act Advisory Opinion by HHS, #12 Exhibit I-PREP Act covered devices & tests, #13 Exhibit J-CDC Jan 8, 2020, #14 Exhibit K-CDC Jan 17, 2020, #15 Exhibit L-CDC Jan 24, 2020, #16 Exhibit M-CDC Feb 1, 2020 Updated Guidance, #17 Exhibit N-CDPH AFLs Jan & Feb 2020, #18 Exhibit O-CDM Feb 6, 2020 Memo, #19 Exhibit P-CDC Feb 28, 2020 Updated Interim Guidance, #20 Exhibit Q-March 1 or 3, 2020 CDC Strategies, #21 Exhibit R-CDPH AFL March 3, 2020, #22 Exhibit S-CMS March 4, 2020 memo, #23 Exhibit T-CDC March 8, 2020 Updated Guidance, #24 Exhibit U-CDC March 10, 2020, #25 Exhibit V-CMS March 10, 2020 Memo, #26 Exhibit W-CDPH AFL 20-22 March 11, 2020, #27 Exhibit X-CMS March 13, 2020 Memo, #28 Exhibit Y-March 17, 2020 CDC Memos, #29 Exhibit Z-CMS March 10, 220 QSO 20-20, #30 Exhibit AA-MArch 21, 2020 CDC Prep for Covid 19, #31 Exhibit BB-April 2, 2020 CMS Covid 19 LTCF Guidance, #32 Exhibit CC-5th Amended Declaration Under the PREP Act, #33 Exhibit DD-HHS Advisory Opinion 21-01 Jan 8, 2021, #34 Exhibit EE-Proofs of Service, #35 Exhibit FF-Designation of Scarce Materials by HHS, #36 Exhibit GG-Rachal v. Natchitoches Nursing & Rehab, #37 Exhibit HH-Umbrella EUA for surgical masks, #38 Exhibit II-Hand Sanitizer revised final guidance, #39 Exhibit JJ-Surveys, #40 Exhibit KK-CDC Jan 17, 2020)The new case number is 3:21-cv-1584-LAB-JLB. Judge Larry Alan Burns and Magistrate Judge Jill L. Burkhardt are assigned to the case.(fth) (rmc).

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Plaintiff: Frank Santucci
Represented By: Natalie B. Holm
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Plaintiff: Elizabeth Santucci
Represented By: Natalie B. Holm
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Defendant: Balboa Healthcare, Inc. doing business as Balboa Nursing & Rehabilitation Center, a Skilled Nursing Facility
Represented By: Kim S. Cruz
Represented By: William Crawford Wilson
Represented By: Evan John Topol
Represented By: Ryan Canavan
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Defendant: Providence Group, Inc.
Represented By: Kim S. Cruz
Represented By: William Crawford Wilson
Represented By: Evan John Topol
Represented By: Ryan Canavan
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Defendant: Saleem Rajper, M.D.
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Defendant: Does 1-10
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Defendant: Saleem Rajper, MD
Represented By: David J. Rubaum
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