Nora Freeman v. Manor Care of Hemet CA, LLC et al

Filing 22

MINUTES (IN CHAMBERS) ORDER RE MOTION TO SUBSTITUTE DEFENDANT (DKT. 16 ); MOTION TO REMAND (DKT. 17); AND EX PARTE APPLICATION TO EXPEDITE RULING ON PLAINTIFF'S UNOPPOSED MOTIONS (DKT. 21 ) by Judge John A. Kronstadt. Because Defendants have indicated their consent to the Motions, they are GRANTED. See Paracor Fin., Inc. v. Gen. Elec. Capital Corp., 96 F.3d 1151, 1167 (9th Cir. 1996) (statement of non-opposition indicates consent to a motion). Accordingly, the Ex Parte Application to Expedite Ruling on Plaintiff's Unopposed Motions, filed on June 29, 2016, (Dkt. 21 ), is MOOT. The action shall be remanded to the Superior Court for the County of Riverside, 30755 Auld Rd., Murietta, CA 92563. Case Terminated. Made JS-6 (lom) Modified on 7/6/2017 (lom).

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES – GENERAL Case No. LA CV17-00875 JAK (DTBx) Title Nora Freeman v. Manor Care of Hemet CA, LLC et al Present: The Honorable Date July 6, 2017 JOHN A. KRONSTADT, UNITED STATES DISTRICT JUDGE Andrea Keifer Not Reported Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiffs: Attorneys Present for Defendants: Not Present Not Present Proceedings: (IN CHAMBERS) ORDER RE MOTION TO SUBSTITUTE DEFENDANT (DKT. 16); MOTION TO REMAND (DKT. 17); AND EX PARTE APPLICATION TO EXPEDITE RULING ON PLAINTIFF’S UNOPPOSED MOTIONS (DKT. 21) JS-6 On June 2, 2017, Nora Freeman (“Plaintiff”) filed a Motion to Substitute Cornerstone Hospice Foundation, Inc. (“Cornerstone”) as Fictitiously Named Defendant Doe 1. Dkt. 16. Also on that date, Plaintiff filed a Motion to Remand. Dkt. 17. On June 23, 2017, Manor Care of Hemet, CA, LLC and HCR Manorcare Services LLC (“Defendants”) filed notice of their intent not to oppose the Motions. Dkt. 20. Because Defendants have indicated their consent to the Motions, they are GRANTED. See Paracor Fin., Inc. v. Gen. Elec. Capital Corp., 96 F.3d 1151, 1167 (9th Cir. 1996) (statement of non-opposition indicates consent to a motion). Accordingly, the Ex Parte Application to Expedite Ruling on Plaintiff’s Unopposed Motions, filed on June 29, 2016, (Dkt. 21), is MOOT. The action shall be remanded to the Superior Court for the County of Riverside, 30755 Auld Rd., Murietta, CA 92563. IT IS SO ORDERED. : Initials of Preparer ak Page 1 of 1

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