Vasquez et al v. Kaweah Health Medical Center et al
| California Eastern District Court | |
| Judge: | Jennifer L Thurston |
| Case #: | 1:23-cv-01652 |
| Nature of Suit | 362 Torts - Personal Injury - Medical Malpractice |
| Cause | 28:1441 Petition for Removal- Medical Malpractice |
| Case Filed: | Nov 28, 2023 |
| Terminated: | Jan 17, 2024 |
| Case in other court: | Tulare County Superior Court, VCU297964 |
| Last checked: Sunday May 26, 2024 1:51 AM PDT |
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Defendant
Shamika Banks
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Represented By
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Defendant
Kaweah Health Medical Center
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Represented By
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Plaintiff
Joseph Rios
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Represented By
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Plaintiff
Maribel Vasquez
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Eva Hirwe
Terminated: 01/17/2024
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Represented By
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Defendant
United States, CA
Terminated: 01/17/2024
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Represented By
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GPO
Jan 17 2024
ORDER GRANTING 9 United States' Motion to Substitute, Dismiss Under Federal Rules of Civil Procedure 12(b)(6), and Remand, signed by District Judge Jennifer L. Thurston on 1/17/2024. REMANDING CASE to Tulare County Superior Court. Certified copy of remand order sent to other court. CASE CLOSED. (Rivera, O) |
| Docket last updated: 1 hours ago |
| Wednesday, January 17, 2024 | ||
| 16 | 16
2
pgs
order
Order ~Util - 1 Terminate Deadlines and Hearings ~Util - Add and Terminate Parties ~Util - Case Remanded Order on Motion to Dismiss
Wed 01/17 1:09 PM
ORDER GRANTING9 United States' Motion to Substitute, Dismiss Under Federal Rules of Civil Procedure 12(b)(6), and Remand, signed by District Judge Jennifer L. Thurston on 1/17/2024. REMANDING CASE to Tulare County Superior Court. Certified copy of remand order sent to other court. CASE CLOSED . (Rivera, O) |
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| Friday, January 12, 2024 | ||
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misc
Proposed Order
Fri 01/12 12:30 PM
PROPOSED ORDER re Granting United States Motion To Substitute, Dismiss Under Federal Rules Of Civil Procedure 12(B)(6), and Remand re9 MOTION to DISMISS, 14 Minute Order,,, by United States.(Lodge, Jeffrey) |
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Att: 1
Declaration of Jeffrey J. Lodge in Support of Order Granting United States Motion To Substitute, Dismiss Under Federal Rules Of Civil Procedure 12(B)(6), and Remand
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| Friday, December 29, 2023 | ||
| 14 | 14
order
Minute Order
Fri 12/29 12:52 PM
MINUTE ORDER signed by District Judge Jennifer L. Thurston on 12/29/2023: (Text Only Entry) Plaintiffs' recent filings (Docs.11 ,12 ,13 ) indicate that the United States' motion to dismiss (Doc.9 ) is unopposed. However, it is somewhat unclear ( see Doc.11 at 5 (indicating that the claims against non-federal defendants remain "ongoing" in state court)) whether remand of any other claims is technically necessary. Accordingly, within fourteen days of the date of this order, the United States is directed to submit a proposed form of order granting without prejudice the motion to dismiss all claims against all federal defendants. Before submitting its proposed order, the United States shall meet and confer with Plaintiff in an attempt to reach agreement on any necessary language concerning remand. The United States shall file a declaration outlining the results of that meet and confer along with the proposed order. (Navarro, F) |
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| Thursday, December 28, 2023 | ||
| 13 | 13
respm
Statement of Non-Opposition
Thu 12/28 4:31 PM
STATEMENT of NON-OPPOSITION by Joseph Rios, Maribel Vasquez to9 Motion to Dismiss,.(Fagel, Bruce) |
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Att: 1
Declaration Declaration of Vadim Braslavsky,
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Att: 2
Exhibit Exhibit A to Declaration of Vadim Braslavsky,
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Att: 3
Exhibit Exhibit B to to Declaration of Vadim Braslavsky,
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Att: 4
Exhibit Exhibit C to to Declaration of Vadim Braslavsky,
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Att: 5
Exhibit Exhibit D to to Declaration of Vadim Braslavsky,
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Att: 6
Exhibit Exhibit E to to Declaration of Vadim Braslavsky,
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Att: 7
Exhibit Exhibit F to to Declaration of Vadim Braslavsky,
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Att: 8
Exhibit Exhibit G to to Declaration of Vadim Braslavsky,
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Att: 9
Exhibit Exhibit H to to Declaration of Vadim Braslavsky
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respm
Declaration
Thu 12/28 10:46 AM
DECLARATION of Vadim Braslavsky in opposition to9 Motion to Dismiss,.(Fagel, Bruce) |
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Att: 1
Exhibit Exhibit A to to Declaration of Vadim Braslavsky,
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Att: 2
Exhibit Exhibit B to to Declaration of Vadim Braslavsky,
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Att: 3
Exhibit Exhibit C to to Declaration of Vadim Braslavsky,
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Att: 4
Exhibit Exhibit D to to Declaration of Vadim Braslavsky,
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Att: 5
Exhibit Exhibit E to to Declaration of Vadim Braslavsky,
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Att: 6
Exhibit Exhibit F to to Declaration of Vadim Braslavsky,
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Att: 7
Exhibit Exhibit G to to Declaration of Vadim Braslavsky,
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Att: 8
Exhibit Exhibit H to to Declaration of Vadim Braslavsky
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| 11 | 11
respm
Statement of Non-Opposition
Thu 12/28 10:34 AM
STATEMENT of NON-OPPOSITION by Joseph Rios, Maribel Vasquez to9 Motion to Dismiss,. (Fagel, Bruce) |
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| Thursday, December 14, 2023 | ||
| 10 | 10
order
Minute Order
Thu 12/14 3:39 PM
MINUTE ORDER (Text Only Entry) Pursuant to Local Rule 302, the recently-filed motion to dismiss9 will be heard and decided by the undersigned. As set forth in the Court's standing order, no hearing will be calendared, and the matter will be decided on the papers. As a result of the ongoing judicial resource emergency in this District, more than 100 regular civil motions remain under submission before the undersigned. As a result, it is likely to be six or more months until the motion(s) in this matter is resolved. The Court reiterates that magistrate judge consent can alleviate the delay caused by the resource emergency. The parties SHALL reconsider magistrate judge consent for all purposes or only for this pending motion . In addition, the parties are reminded of their ongoing obligation to inform the Court of any changed circumstances that have rendered all or part of any pending motion moot. Finally, the parties are informed that the undersigned generally requires a formal settlement conference take place before any civil case proceeds to trial. Should the parties jointly wish to schedule a settlement conference, they are directed to contact Courtroom Deputy Irma Munoz at imunoz@caed.uscourts.gov signed by District Judge Jennifer L. Thurston on December 14, 2023. (Munoz, I) |
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| Tuesday, December 05, 2023 | ||
| 9 | 9
motion
Dismiss
Tue 12/05 4:56 PM
MOTION to DISMISS by United States. Motion Hearing set for 1/12/2024 at 09:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston.(Lodge, Jeffrey) |
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Att: 1
Memorandum in Support of United States' Motion to Substitute, Dismiss and Remand,
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Att: 2
Declaration of Meredith Torres
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| 8 | 8
misc
Consent/Decline of U.S. Magistrate Judge Jurisdiction
Tue 12/05 12:41 PM
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Lodge, Jeffrey) |
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misc
Consent/Decline of U.S. Magistrate Judge Jurisdiction
Tue 12/05 11:30 AM
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Fagel, Bruce) |
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| Monday, December 04, 2023 | ||
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order
JLT Standing Order
Mon 12/04 5:03 PM
STANDING ORDER signed by District Judge Jennifer L. Thurston on December 4, 2023. (Munoz, I) |
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| Thursday, November 30, 2023 | ||
| 5 | 5
misc
Clerk's Notice Reassigning Case
Thu 11/30 9:12 AM
CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Jennifer L. Thurston and Magistrate Judge Sheila K. Oberto. The new case number is: 1:23-cv-01652-JLT-SKO. (Xiong, J.) |
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order
Minute Order ~Util - 1 Terminate Deadlines and Hearings
Thu 11/30 8:39 AM
MINUTE ORDER signed by Magistrate Judge Sheila K. Oberto on 11/30/2023: (Text Only Entry) Pursuant to paragraph (m) of the Automated Case Assignment Plan, Appendix A to the Local Rules of the United States District Court, Eastern District of California, this case was randomly assigned directly to Magistrate Judge Sheila K. Oberto. ( See Doc.2 -1.) Without the written consent of all parties, pursuant to 28 U.S.C. § 636(c), a Magistrate Judge cannot conduct all proceedings and enter judgment in this case. (See id.) As there has been no written consent of all parties at this time, the hearing on Defendant's motion to dismiss set for January 3, 2024 (Doc.3 ) is VACATED, to be re-set, if appropriate, before the to-be-assigned district judge. Accordingly, the Clerk of Court is DIRECTED to assign a district judge to this case. (Kusamura, W) |
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| Wednesday, November 29, 2023 | ||
| 3 | 3
motion
Dismiss
Wed 11/29 1:19 PM
MOTION to DISMISS by United States. Attorney Lodge, Jeffrey James added. Motion Hearing set for 1/3/2024 at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto.(Lodge, Jeffrey) |
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Att: 1
Memorandum of Points and Authorities in Support of United States' Motion to Substitute, Dismiss and Remand,
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Att: 2
Declaration of Meredith Torres
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| Tuesday, November 28, 2023 | ||
| 2 | 2
misc
Civil New Case Documents for Magistrate as Presider
Tue 11/28 12:29 PM
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 2/27/2024 at 09:45 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. (Xiong, J.) |
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Att: 1
Appendix A(m),
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Att: 2
Consent Form,
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Att: 3
VDRP
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| 1 | 1
notice
Notice of Removal
Tue 11/28 11:14 AM
NOTICE of REMOVAL from Tulare County Superior Court, case number VCU297964 by United States.(Lodge, Jeffrey) |
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Att: 1
Attachment 1 Certification Regarding Scope of Employment,
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Att: 2
Attachment 2 State Court Documents,
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Att: 3
Civil Cover Sheet,
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Att: 4
Proof of Service
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