Joseph DeCarlo v. Watermark Retirement Communities, LLC et al
| California Central District Court | |
| Judge: | Dale S Fischer |
| Referred: | Rozella A Oliver |
| Case #: | 2:23-cv-01659 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 Diversity-Fraud |
| Case Filed: | Mar 06, 2023 |
| Last checked: Saturday Sep 02, 2023 3:14 AM PDT |
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Defendant
Watermark Retirement Communities, LLC
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Represented By
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Defendant
Does
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Plaintiff
Joseph DeCarlo
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Represented By
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| Docket last updated: 05/09/2025 11:59 PM PDT |
| Wednesday, March 19, 2025 | ||
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11
pgs
order
Settlement
Wed 03/19 9:16 AM
ORDER by Judge Dale S. Fischer GRANTING Motion for Preliminary Approval of Class Action Settlement28 . See Order for specifics. (jp) |
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| Tuesday, March 18, 2025 | ||
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respm
Declaration (Motion related)
Tue 03/18 4:42 PM
DECLARATION of Brian S. Umpierre in further support of Motion for Preliminary Approval of Class Action Settlement NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action Settlement 28 filed by Plaintiff Joseph DeCarlo.(Umpierre, Brian) |
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Att: 1
Exhibit Proposed Order (redline),
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Att: 2
Exhibit Proposed Order (clean),
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Att: 3
Exhibit Long Form Class Notice (redline),
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Att: 4
Exhibit Short Form Class Notice (redline)
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| Monday, March 17, 2025 | ||
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minutes
Motion Hearing Settlement
Tue 03/18 10:02 AM
MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT28 (Non-Evidentiary Held and Completed) before Judge Dale S. Fischer: The Court orders that counsel provide a revised, redlined proposed order granting a motion for preliminary approval. The revised order should include appropriate timeframes and dates. Court Reporter: Maria Bustillos. (jp) |
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| Thursday, March 06, 2025 | ||
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textonly
Text Only Scheduling Notice
Thu 03/06 1:07 PM
TEXT ONLY ENTRY (IN CHAMBERS) by Judge Dale S. Fischer. The Motion for Settlement Approval of Preliminary Approval of Class Action Settlement28 set for 3/10/2025 at 1:30 PM is continued to 3/17/2025 at 1:30 PM.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eo) |
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| Friday, February 21, 2025 | ||
| 29 | 29
respm
Reply (Motion related)
Fri 02/21 1:12 PM
REPLY in Support of NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action Settlement 28 filed by Plaintiff Joseph DeCarlo.(Umpierre, Brian) |
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Att: 1
Certificate of Service
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| Monday, February 10, 2025 | ||
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motion
Settlement
Mon 02/10 7:07 PM
NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action Settlement filed by plaintiff Joseph DeCarlo. Motion set for hearing on 3/10/2025 at 01:30 PM before Judge Dale S. Fischer. (Umpierre, Brian) |
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Att: 1
Memorandum Plaintiffs Memorandum of Points and Authorities in Support of Motion for Preliminary Approval of Class Action Settlement,
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Att: 2
Declaration Declaration of Brian S. Umpierre in Support of Plaintiffs Motion for Preliminary Approval of Class Action Settlement,
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Att: 3
Declaration Declaration of Joseph DeCarlo in Support of Plaintiffs Motion for Preliminary Approval of Class Action Settlement,
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Att: 4
Declaration Declaration of Cristina Flores in Support of Plaintiffs Motion for Preliminary Approval of Class Action Settlement,
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Att: 5
Proposed Order Proposed Order Granting Motion for Preliminary Approval of Class Action Settlement
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| Thursday, December 26, 2024 | ||
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2
pgs
order
Scheduling Order ~Util - Set/Reset Hearings ~Util - Terminate Deadlines and Hearings
Fri 12/27 10:54 AM
SCHEDULING ORDER by Judge Dale S. Fischer that: (1) The Case Management Conference currently set for 1/27/2025 vacated. (2) Plaintiff's Motion for Preliminary Approval of Class Action Settlement shall be set for hearing on 3/10/2025 at 1:30 PM. (3) The parties shall brief Plaintiffs Motion for Preliminary Approval of Class Action Settlement in accordance with the schedule dictated by Local Rules 6-1, 7-9, and 7-10. (jp) |
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| Monday, December 23, 2024 | ||
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misc
Status Report
Mon 12/23 7:31 PM
STATUS REPORT Joint Status Report Regarding Settlement filed by Plaintiff Joseph DeCarlo. (Umpierre, Brian) |
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| Friday, December 06, 2024 | ||
| 25 | 25
2
pgs
order
Order ~Util - Set/Reset Hearings
Fri 12/06 3:37 PM
SCHEDULING ORDER by Judge Dale S. Fischer that The Case Management Conference currently set for 12/16/2024 is RESET for 1/27/2025 at 1:30 PM. (2) Not later than 12/23/2024, the Parties shall provide the Court with a further status report24 . (jp) |
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misc
Status Report
Fri 12/06 1:33 PM
STATUS REPORT Joint Status Report Regarding Settlement filed by Plaintiff Joseph DeCarlo.(Umpierre, Brian) |
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Att: 1
Proposed Order Proposed Scheduling Order
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| Tuesday, October 22, 2024 | ||
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2
pgs
order
Order ~Util - Set/Reset Deadlines/Hearings
Tue 10/22 1:03 PM
SCHEDULING ORDER by Judge Dale S. Fischer that: (1) The case schedule reflected in the 7/18/2024 Order Adopting Case Schedule (ECF20 ), including the deadline for Defendant to respond to the First Amended Complaint currently set for 11/1/2024, is continued. (2) The Case Management Conference currently set for 1/13/2025, at 11:00 AM., is reset for 12/16/2024. (3) Not later than 12/6/2024, the Parties shall provide the Court with a further status report. If the settlement agreement is finalized: (a) the Parties status report shall include a proposal for a hearing date for preliminary approval of the class settlement. (b) The 12/16/2024 Case Management Conference shall be vacated. (jp) |
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| Monday, October 21, 2024 | ||
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misc
Status Report
Mon 10/21 6:24 PM
STATUS REPORT Joint Status Report Following Mediation filed by Plaintiff Joseph DeCarlo. (Umpierre, Brian) |
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| Thursday, July 18, 2024 | ||
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2
pgs
order
Order ~Util - Set/Reset Deadlines/Hearings ~Util - Terminate Hearings
Thu 07/18 5:08 PM
ORDER by Judge Dale S. Fischer Adopting Case Schedule19 , that: The parties will file a Joint Status Report informing the Court of theresults of the 10/16/2024 mediation by 10/21/2024. Plaintiff Serves and Files FAC 10/1/2024. Plaintiff Files Class Cert. Motion 4/1/2025. The Court sets a further Case Management Conference for 1/13/2025 at 11:00 AM. See Order for specific information. (jp) |
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| Wednesday, July 17, 2024 | ||
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misc
Miscellaneous Document
Wed 07/17 9:24 AM
[PROPOSED] ORDER ADOPTING CASE SCHEDULE re: Status Report18 (Umpierre, Brian) |
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| Monday, July 15, 2024 | ||
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misc
Status Report
Mon 07/15 5:10 PM
STATUS REPORT Joint Status Report filed by Plaintiff Joseph DeCarlo. (Umpierre, Brian) |
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| Monday, March 18, 2024 | ||
| 17 | 17
minutes
Scheduling Conference - optional html form ~Util - Set/Reset Deadlines/Hearings
Tue 03/19 10:38 AM
SCHEDULING CONFERENCE (Held and Completed) before Judge Dale S. Fischer: This matter is continued to 7/22/2024 at 11:00 AM., with a Status Report due 7/15/2024. Court Reporter: Pat Cuneo. (jp) |
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| Monday, March 11, 2024 | ||
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misc
Report
Mon 03/11 2:22 PM
JOINT REPORT of RULE 26(f) CONFERENCE filed by Plaintiff Joseph DeCarlo. (Umpierre, Brian) |
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| Thursday, August 31, 2023 | ||
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order
Initial Order Setting R26 Scheduling Conference - form only
Thu 08/31 1:00 PM
ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 3/18/2024 at 11:00 AM before Judge Dale S. Fischer. (pk) |
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| Wednesday, August 30, 2023 | ||
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2
pgs
order
Order ~Util - Terminate Deadlines and Hearings
Wed 08/30 2:48 PM
ORDER by Judge Dale S. Fischer re Joint Stipulation Requesting Extension of Time to Respond to Complaint and Continuing Case Schedule13 , that (1) All current case deadlines are vacated. (2) The Court will schedule a Case Management Conference after 2/21/2024, in order to facilitate the parties efforts in the interim to resolve the instant litigation by informal means. (See Order for specifics. (jp) |
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stip
Extending Time to Answer (More than 30 days)
Wed 08/30 11:07 AM
STIPULATION for Extension of Time to File Answer filed by Plaintiff Joseph DeCarlo Joseph DeCarlo.(Umpierre, Brian) |
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Att: 1
Declaration DECLARATION OF BRIAN S. UMPIERRE IN SUPPORT OF JOINT STIPULATION REQUESTING EXTENSION OF TIME TO RESPOND TO COMPLAINT AND CONTINUING CASE SCHEDULE,
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Att: 2
Proposed Order [PROPOSED] ORDER ON JOINT STIPULATION REQUESTING EXTENSION OF TIME TO RESPOND TO COMPLAINT AND CONTINUING CASE SCHEDULE
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| Wednesday, June 21, 2023 | ||
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notice
Certificate/Notice of Interested Parties
Wed 06/21 5:05 PM
NOTICE of Interested Parties filed by Defendant Watermark Retirement Communities, LLC, identifying Watermark Retirement Communities, LLC, Keppel Capital Senior Living, LLC, Watermark Investments Manager, LLC, and Watermark Senior Investments, LLC, Keppel Capital Senior Living, LLC, Keppel Capital US Holding, Inc., Keppel Capital Holdings Pte, LTD, Watermark Investments Manager, LLC, Watermark Senior Investments, LLC, Barnes Family Revocable Trust, Diana and David Freshwater Living Trust, David Barnes, and TFG Holdings X, LLC. (Attorney Darren K Cottriel added to party Watermark Retirement Communities, LLC(pty:dft))(Cottriel, Darren) |
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| Tuesday, June 06, 2023 | ||
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service
Waiver of Service Executed
Tue 06/06 11:18 AM
WAIVER OF SERVICE Returned Executed filed by Plaintiff Joseph DeCarlo. upon Watermark Retirement Communities, LLC waiver sent by Plaintiff on 6/1/2023, answer due 7/31/2023. Waiver of Service signed by Darren K. Cottriel. (Umpierre, Brian) |
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| Wednesday, May 31, 2023 | ||
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stip
Extending Time to Answer (More than 30 days) Extension of Time to Amend
Wed 05/31 3:03 PM
STIPULATION for Extension of Time to File Answer to October 16, 2023, STIPULATION for Extension of Time to Amend filed by Plaintiff Joseph DeCarlo.(Umpierre, Brian) |
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Att: 1
Declaration DECLARATION OF BRIAN S. UMPIERRE IN SUPPORT OF JOINT STIPULATION REQUESTING EXTENSION OF TIME TO RESPOND TO COMPLAINT AND CONTINUING CASE SCHEDULE,
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Att: 2
Proposed Order [PROPOSED] ORDER ON JOINT STIPULATION REQUESTING EXTENSION OF TIME TO RESPOND TO COMPLAINT AND CONTINUING CASE SCHEDULE
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| Thursday, March 09, 2023 | ||
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order
Initial Order upon Filing of Complaint - form only
Thu 03/09 9:04 AM
STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (rfi) |
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| Tuesday, March 07, 2023 | ||
| 8 | 8
service
Summons Issued (Attorney Civil Case Opening)
Tue 03/07 10:52 AM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Plaintiff Watermark Retirement Communities, LLC. (sh) |
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notice
Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form
Tue 03/07 10:35 AM
Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
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adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Tue 03/07 10:34 AM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
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| 5 | 5
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Tue 03/07 10:34 AM
NOTICE OF ASSIGNMENT to District Judge Dale S. Fischer and Magistrate Judge Rozella A. Oliver. (sh) |
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| Monday, March 06, 2023 | ||
| 4 | 4
notice
Certificate/Notice of Interested Parties
Mon 03/06 4:32 PM
Certification and Notice of Interested Parties CERTIFICATE of Interested Parties filed by Plaintiff Joseph DeCarlo, identifying Joseph DeCarlo. (Stebner, Kathryn) |
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misc
Civil Cover Sheet (CV-71)
Mon 03/06 4:25 PM
CIVIL COVER SHEET filed by Plaintiff Joseph DeCarlo. (Stebner, Kathryn) |
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| 2 | 2
notice
Summons Request
Mon 03/06 4:22 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Joseph DeCarlo. (Stebner, Kathryn) |
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37
pgs
cmp
Complaint (Attorney Civil Case Opening)
Mon 03/06 3:11 PM
COMPLAINT Receipt No: ACACDC-34903262 - Fee: $402, filed by Plaintiff Joseph DeCarlo. (Attorney Kathryn Ann Stebner added to party Joseph DeCarlo(pty:pla))(Stebner, Kathryn) |
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