Fierros et al v. Gupta et al
| Maria Elena Fierros, Miguel Cervantes Barboza and Jose Antonio Cervantes Barboza |
| Anshu Kumar Gupta, MD, Scripps Memorial Hospital Encinitas, Does 1 to 40, Samuel Poniachik, MD, TrueCare, Verve Plastic Surgery, Scripps Health and United States of America |
| 3:2024cv00315 |
| February 20, 2024 |
| US District Court for the Southern District of California |
| Jill L Burkhardt |
| William Q Hayes |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 pi Removal- Personal Injury |
| None |
Docket Report
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This docket was last retrieved on March 28, 2024. A more recent docket listing may be available from PACER.
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Filing 15
ORDER granting #12 Motion to Remand to State Court (Certified copy sent to State Court via US Mail Service.). Signed by District Judge William Q. Hayes on 3/28/2024. (alns)
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Filing 14
ORDER granting in part #13 Joint Motion to Amend/Correct. The Court construes the parties' Joint Motion to Amend the Scheduling Order as a request to vacate the Case Management Conference ("CMC") set for 4/5/2024 03:15 PM and joint discovery plan deadline of 3/26/24. The joint motion is GRANTED IN PART. Until the parties' Joint Motion to Remand is ruled upon, the Court declines to vacate the CMC and joint discovery plan deadline. The Court will instead reschedule those dates. Case Management Conference reset for 4/19/2024 03:45 PM. Counsel shall use the call-in information previously provided to participate in the conference. Joint discovery plan deadline reset for 4/12/2024. Signed by Magistrate Judge Jill L. Burkhardt on 3/27/2024. (no document attached) (cdc)
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| Filing 13 Joint MOTION to Amend/Correct #7 Notice and Order for Early Neutral Evaluation conference Joint Motion to Amend the Scheduling Order Pending Outcome of Joint Motion to Remand to State Court by Miguel Cervantes Barboza, Jose Antonio Cervantes Barboza, Maria Elena Fierros. (Attachments: #1 Proof of Service)(Heppenstall, Jessica) (alns). |
| Filing 12 MOTION to Remand to State Court Joint Motion to Remand Removed Action to State Court by Miguel Cervantes Barboza, Jose Antonio Cervantes Barboza, Maria Elena Fierros. (Attachments: #1 Proof of Service POS via USPS, #2 Proof of Service POS via eMail)(Heppenstall, Jessica) (alns). |
| Filing 11 NOTICE OF WITHDRAWAL OF DOCUMENT by Miguel Cervantes Barboza, Jose Antonio Cervantes Barboza, Maria Elena Fierros re #10 Response in Opposition to Motion,, filed by Maria Elena Fierros, Miguel Cervantes Barboza, Jose Antonio Cervantes Barboza Plaintiffs Notice of Withdrawal and Withdrawal of Plaintiffs Response in Opposition (ECF No. 10) to Defendant United States of Americas Motion to Dismiss (ECF No. 6). (Attachments: #1 Proof of Service Certificate of Service)(Heppenstall, Jessica) (alns). |
| Filing 10 **WITHDRAWN Per ECF #11 ** RESPONSE in Opposition re #6 MOTION to Dismiss for Lack of Jurisdiction Notice of Plaintiffs Response in Opposition and Response in Opposition to Defendant United States of Americas Motion to Dismiss filed by Miguel Cervantes Barboza, Jose Antonio Cervantes Barboza, Maria Elena Fierros. (Attachments: #1 Memo of Points and Authorities Memorandum of Points and Authorities in Support of Plaintiffs Response in Opposition to Defendants Motion to Dismiss, #2 Declaration Declaration of Jessica G. Heppenstall in Support of Plaintiffs Response in Opposition to Defendants Motion to Dismiss, #3 Proof of Service Certificate of Service)(Heppenstall, Jessica) (alns). |
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Filing 9
ORDER granting #8 Motion to Dismiss Party. United States of America terminated. Signed by District Judge William Q. Hayes on 3/18/2024. (alns) (jmo).
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| Filing 8 Joint MOTION to Dismiss Party Defendant the United States of America Without Prejudice by United States of America. (Attachments: #1 Proof of Service)(Glover-Rogers, Mary) (alns). |
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Filing 7
ORDER Setting Case Management Conference. Signed by Magistrate Judge Jill L. Burkhardt on 2/27/2024.(alns)
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| Filing 6 MOTION to Dismiss for Lack of Jurisdiction by United States of America. (Attachments: #1 Memo of Points and Authorities in Support of Defendant the United States of America's Motion to Dismiss Plaintiffs' Amended Complaint, #2 Declaration of Meredith Torres in Support of Defendant the United States of America's Motion to Dismiss Plaintiffs' Amended Complaint, #3 Proof of Service)(Glover-Rogers, Mary) (alns). |
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Filing 5
ORDER granting #4 Motion for Extension of Time to Answer re #4 Ex Parte MOTION for Extension of Time to File Answer and for an Order Establishing Time for Federal Defendants to Respond to Plaintiffs' Complaint United States of America answer due 4/22/2024.. Signed by District Judge William Q. Hayes on 2/26/2024. (alns)
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| Filing 4 Ex Parte MOTION for Extension of Time to File Answer and for an Order Establishing Time for Federal Defendants to Respond to Plaintiffs' Complaint by United States of America. (Attachments: #1 Declaration of Mary Cile Glover-Rogers in Support of Ex Parte Application, #2 Proof of Service)(Glover-Rogers, Mary) (alns). |
| Filing 3 NOTICE of Substitution of United States of America as Defendant in Place of Samuel Poniachik, M.D., and North County Health Project D/B/A TrueCare by United States of America (Attachments: #1 Notice Certificate of Scope of Employment, #2 Proof of Service)(Glover-Rogers, Mary) (alns). |
| Filing 2 ANSWER to Complaint (Notice of Removal) by Does 1 to 40, Anshu Kumar Gupta, MD, Verve Plastic Surgery. (ggv) (jms). |
| Filing 1 NOTICE OF REMOVAL (Fee Waived), filed by United States of America, Does 1 to 40, Samuel Poniachik, MD, Verve Plastic Surgery, Anshu Kumar Gupta, MD, TrueCare. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 in Support of Notice of Removal, #3 Exhibit 2 in Support of Notice of Removal, #4 Exhibit 3 in Support of Notice of Removal, #5 Notice Certificate of Scope of Employment, #6 Proof of Service)The new case number is 3:24-cv-315-WQH-JLB. Judge William Q. Hayes and Magistrate Judge Jill L. Burkhardt are assigned to the case.(ggv) (jms). |
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