(bpf, COURT STAFF) (Filed on 1/4/2011) (Entered: 01/04/2011), Declination to Proceed Before a U.S. Magistrate Judge by Evergreen at Lakeport LLC and Request for Reassignment to a United States District Judge. at 1297 n. 3, 64 Cal.Rptr.3d 250, which suggests that abstention is not mandatory. The case status is Pending - Other Pending. CERTIFICATE OF SERVICE by Phyllis Wehlage re 39 Notice (Other) (Kingsdale, Andrew) (Filed on 4/1/2011) (Entered: 04/01/2011), NOTICE by Phyllis Wehlage Notice of Association and Appearance of Counsel (Kingsdale, Andrew) (Filed on 4/1/2011) (Entered: 04/01/2011), ORDER Granting 34 Stipulation CONTINUING CASE MANAGEMENT CONFERENCE AND HEARING ON MOTION TO QUASH; CIVIL L.R. Oberlandesgerichte. P. 12(b)(6) filed byEvergreen at Lakeport LLC. Inc., 911 F.2d 242, 24647 (9th Cir.1990). Although courts use the word referral to explain the primary jurisdiction doctrine, this word is perhaps not the most accurate term to describe this process, as most statutes do not authorize courts to require an agency to issue a ruling. Clark v. Time Warner Cable, 523 F.3d 1110, 1115 n. 9 (9th Cir.2008) (citing Reiter v. Cooper, 507 U.S. 258, 268 n. 3, 113 S.Ct. To avail herself of the doctrine, Plaintiff must allege two elements: First, there must be such a unity of interest and ownership between the corporation and its equitable owner that the separate personalities of the corporation and the shareholder do not in reality exist. Starts, Phyllis Wehlage. The EmpRes Entities argue that Plaintiff's section 1430(b) claims against them must be dismissed because they are not licensees of skilled nursing facilities. (ndr, COURT STAFF) (Filed on 5/24/2012), Corporate Disclosure Statement by EmpRes Healthcare Inc. (slh, COURT STAFF) (Filed on 12/22/2010) (Entered: 12/22/2010), ORDER GRANTING 81 MOTION TO FILE AMENDED COMPLAINT AND GRANTING IN PART 85 MOTION TO DISMISS. 2017-08-18, U.S. District Courts | Personal Injury | Auto. Filed by Rikki Leyba against Empres Healthcare Management, LLC dba Windsor Health and Rehabilitation Center (Attachments: #1 Civil Cover Sheet). Agency Tracking ID: AORDC-8804535 Jury Trial Requested: Yes. (Attachments: # 1 Memorandum Order)(Landsberg, Barry) (Filed on 4/26/2011) Modified on 4/27/2011 (cp, COURT STAFF). (Attachments: # 1 Proposed Order)(Landsberg, Barry) (Filed on 6/22/2011) Modified on 6/23/2011 (cp, COURT STAFF). Responses due by 7/6/2011. 25. P. 12(b)(6); Memorandum of Points and Authorities in Support thereof MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed. U of Michigan to pay $490M to settle physician sex abuse case. Id. (Docket No. Plaintiff argues that 1983 cases are inapposite because they address concerns over federalism. P. 12(b)(2) or in the alternative Fed. 54 MOTION to Dismiss pursuant to Fed. Responses due by 10/4/2012. There is no document associated with this entry.) Plaintiff brings three claims against Defendants: (1) violation of California Health and Safety Code 1430(b); violation of California's Unfair Competition Law (UCL), Cal. In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Fed. All of the Defendants have overlapping officers, directors and employees, and operate as a joint venture, single enterprise, are agents of one another, are alter egos, and/or conspire to increase profits by ignoring California's minimum staffing requirements. Id. Filed by Rikki Leyba against Empres Healthcare Management, LLC dba Windsor Health and Rehabilitation Center (Attachments: #1 Civil Cover Sheet). Plaintiff argues that, even if she does not have individual claims against the EmpRes or Evergreen Entities, she nevertheless should be able to assert claims against them for injuries they may have caused putative class members. Allegations of fraud based on information and belief usually do not satisfy the particularity requirements of Rule 9(b); however, as to matters peculiarly within the opposing party's knowledge, allegations based on information and belief may satisfy Rule 9(b) if they also state the facts upon which the belief is founded. Entities use the [EmpRes] Entities to procure labor, services and/or merchandise for the SNFs and that Defendants share officers, directors and employees. There is no document associated with this entry.) 274 (Wash. Ct. App. Virginia judge largely sides with ex-patients in hospital's effort to Claudia Wilken. The analyses required to adjudicate Plaintiff's UCL claim against Evergreen Lakeport have not been shown to be overly complex, nor is there any indication that enforcing injunctive relief against Evergreen Lakeport would be unduly burdensome. She states generally that Evergreen Lakeport, in promotional materials, admission agreements, submissions made. EMPRES HEALTHCARE MANAGEMENT, LLC (f/k/a Evergreen Healthcare Management LLC); and Evergreen at Talbot Road, LLC d/b/a Talbot Center for Rehabilitation and Healthcare, Respondents. (Entered: 10/02/2012), Proposed Order re 123 MOTION FOR FINAL APPROVAL OF CLASS SETTLEMENT by Sherri Avalos, Dea Barry, John Michael Beauvais, Frances Benveniste, Tamara Dillon, Sharon Gonzalez, Paige Melendez, Francis Nishida, Marie-Louise Patch, Earl Roberts, Isabel S. Simental-Collier, Marily J. R. Civ. EmpRes Healthcare - Vancouver, Washington, United States - LinkedIn Bradley Cavedo issued the ruling Aug. 14 in favor of most of the dozens of plaintiffs who are suing publicly traded health care company Universal Health Services Inc . United States District Court, N.D. California. A, # 3 Exhibit 2 to Ex. 2015) 360 P.3d 34 190 Wn. (Entered: 06/22/2011), MOTION to Appoint Guardian ad Litem (Isabel S. Simental-Collier) - NOTE THAT THIS REPLACES DOCKET NO. Alvarado, 153 Cal.App.4th at 1297, 64 Cal.Rptr.3d 250. When granting a motion to dismiss, the court is generally required to grant the plaintiff leave to amend, even if no request to amend the pleading was made, unless amendment would be futile. Filed by on behalf of Empres Healthcare Management, LLC. ; and (3) violation of the California Consumers Legal Remedies Act (CLRA), Cal. Save 25% on a pre-paid one year subscription. Evergreen Lakeport does not establish that a stay under the primary jurisdiction doctrine is necessary. Proc. The author notes that the State is facing severe health care cost pressures that are likely to continue and that the number of seniors in California is expected to double in the next 15 years. Phoenix Settlement Administrators looks forward to implementing its successful C.A.S.E. A judicial determination as to whether Evergreen Lakeport satisfies its obligation under section 1276.5(a)'s staffing requirement does not appear to implicate technical or policy determinations usually reserved to an administrative agency. First, Plaintiff offers no factual basis for her assertion that Evergreen Lakeport, the licensee of the SNF in which she resides, is the agent for the EmpRes or Evergreen Entities. R. Civ. Responses due by 5/30/2012. (kc, COURT STAFF) (Filed on 11/22/2011) (Entered: 11/22/2011), DISREGARD, INCORRECT EVENT. Filed by Rikki Leyba. EmpRes Healthcare - Crunchbase Company Profile & Funding EmpRes Healthcare provides skilled nursing, assisted living, home health, hospice, and home care services across the western United States. EmpRes Healthcare Management - Overview, News & Competitors - ZoomInfo P. 12(b)(6) filed byEvergreen at Lakeport LLC. (ndr, COURT STAFF) (Filed on 12/1/2011), NOTICE of Related Case by EmpRes Healthcare Inc. (slh, COURT STAFF) (Filed on 12/22/2010) (Entered: 12/22/2010), ORDER VACATING HEARING DATES ON MOTIONS. )(Sitar, Laura) (Filed on 11/21/2011) Modified on 11/23/2011 (kc, COURT STAFF). Make your practice more effective and efficient with Casetexts legal research suite. Her claims against the Evergreen Entities are dismissed without leave to amend. The CDC website also provides general guidance on health precautions, such as safe food and water precautions and insect-bite protection. As a result, Plaintiff suffered several indignities and other harms, including a lack of or delayed responses to her call light and a lack of assistance with grooming, bathing and eating. Last Updated July 29, 2017 at 3:36 AM EDT (6.1 years ago), STIPULATED ORDER FOR INJUNCTION. P. 12(b)(6) MOTION to Dismiss pursuant to Fed. Claudia Wilken. Cal. STIPULATION AND [PROPOSED] ORDER RE REPLY TO OPPOSITION TO MOTION FOR LEAVE TO AMEND COMPLAINT AND MOTION TO DISMISS by Phyllis Wehlage, EmpRes Healthcare Inc, EHC Management LLC, MOTION to Dismiss Pursuant to 12(b)(6) and Consolidated OPPOSITION to 81 MOTION FOR LEAVE TO AMEND COMPLAINT filed by ECH Management LLC, EHC Financial Services LLC, EmpRes Healthcare Inc, Evegreen at Oroville LLC, Evergreen California Healthcare LLC, Evergreen at Arvin LLC, Evergreen at Bakersfield LLC, Evergreen at Gridley (SNF) LLC, Evergreen at Heartwood LLC, Evergreen at Lakeport LLC, Evergreen at Petaluma LLC, Evergreen at Springs Road LLC, Evergreen at Tracy LLC. (Nelson, Robert) (Filed on 7/13/2011) Modified on 7/14/2011 (cp, COURT STAFF). Motion Hearing set for 4/7/2011 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Replies due by 12/6/2011. The Judge overseeing this case is Ann L. Aiken. Health & Saf.Code 1276.5(b)(1). (Attachments: # 1 Proposed Order)(Seiling, Brad) (Filed on 2/18/2011) Modified on 2/23/2011 (cp, COURT STAFF). (Entered: 07/25/2012), Declaration of Robert J. Nelson in Support of 115 MOTION for Attorney Fees and Expenses and for Service Awards filed byPhyllis Wehlage. Last Updated July 29, 2017 at 3:36 AM EDT (5.2 years ago) Request Update Get E-Mail Alerts: Case Management Statement due by 10/11/2011. Defendant Evergreen at Lakeport, LLC (hereinafter, Evergreen Lakeport), on other grounds, moves to dismiss Plaintiff's complaint. The CDC also maintains an international travelers' hotline at 1-877-FYI-TRIP (1-877-394-8747) or, by fax, at 1-888-CDC-FAXX (1-888-232-3299). (Entered: 02/18/2011), Declaration of Andrew H. Struve in Support of 20 Opposition/Response to Motion filed byEmpRes Healthcare Inc. (Related document(s) 20 ) (Struve, Andrew) (Filed on 2/15/2011) (Entered: 02/15/2011), RESPONSE (re 19 MOTION to Relate Case ) filed byEmpRes Healthcare Inc. (Attachments: # 1 Proposed Order)(Struve, Andrew) (Filed on 2/15/2011) (Entered: 02/15/2011), MOTION to Relate Case filed by Hazel Walsh. Co. Cedell , 176 Wash.2d at 698, 295 P.3d 239. Compl. at 1305, 64 Cal.Rptr.3d 250. Filing 11 STIPULATION AND ORDER EXTENDING TIME TO ANSWER re 9 Stipulation,, filed by Evergreen at Springs Road LLC, Evegreen at Oroville LLC, Evergreen at Heartwood LLC, EmpRes Healthcare Inc, Evergreen at Petaluma LLC, Evergreen California Healthcare LLC, E vergreen at Gridley (SNF) LLC, Evergreen at Tracy LLC, ECH Management LLC, EHC . Box 7208 [] Then, the trial court would be required to calculate nursing hours for each facility involved in this case, which would entail classifying the employees of that facility. P. 12(b)(6) filed byEvergreen at Lakeport LLC. As noted above, the CLRA prohibits deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer. Cal. (ndr, COURT STAFF) (Filed on 2/6/2012) (Entered: 02/06/2012), REPLY (re 85 MOTION to Dismiss Pursuant to 12(b)(6) filed byECH Management LLC, EHC Financial Services LLC, EmpRes Healthcare Inc, Evegreen at Oroville LLC, Evergreen California Healthcare LLC, Evergreen at Arvin LLC, Evergreen at Bakersfield LLC, Evergreen at Gridley (SNF) LLC, Evergreen at Heartwood LLC, Evergreen at Lakeport LLC, Evergreen at Petaluma LLC, Evergreen at Springs Road LLC, Evergreen at Tracy LLC. Attorney Andrew Scirica Kingsdale terminated as counsel in case, entered by Hon. (Skillman, Diane) (Filed on 9/14/2012) (Entered: 09/14/2012), Proposed Order re 115 MOTION for Attorney Fees and Expenses and for Service Awards by Phyllis Wehlage. Starts, Phyllis Wehlage. (Court Reporter Diane Skillman.) The Court DENIES without prejudice the EmpRes Entities' Rule 12(b)(2) motion to dismiss. (Attachments: # 1 Exhibit 1-16, # 2 Exhibit 17)(Related document(s) 69 ) (Nelson, Robert) (Filed on 8/26/2011) (Entered: 08/26/2011), MOTION to Compel Responses to Plaintiffs' Jurisdictional Discovery Requests filed by Phyllis Wehlage. LinkedIn is the world's largest business network, helping professionals like EmpRes Healthcare discover inside connections to recommended job candidates, industry experts, and business partners. DOEHNE v. EMPRES HEALTHCARE MANAGEMENT LLC LLC LLC (2015) | FindLaw (Nelson, Robert) (Filed on 8/26/2011) Modified on 8/29/2011 (cp, COURT STAFF). 6-2, 7-12. Case Management Conference set for 4/6/2011 01:30 PM. EmpRes Healthcare Management Location 4601 NE 77th Ave Ste 300, Vancouver, Washington, 98662, United States Description Industry Hospitals & Clinics Healthcare Discover more about EmpRes Healthcare Management Cindy Cour Work Experience and Education Education Bachelor degree Portland State University v. Doe, 536 U.S. 273, 285, 122 S.Ct. All Rights Reserved. Ordered by Judge Ann L. Aiken. Replies due by 11/28/2011. 's RJN, Ex. (Attachments: # 1 Proposed Order)(Hazam, Lexi) (Filed on 11/7/2011) Modified on 11/8/2011 (cp, COURT STAFF). Even if abstention were appropriate as to Plaintiff's UCL claims, the equitable abstention doctrine does not afford the Court discretion to abstain from hearing Plaintiff's claims for damages under section 1430(b) or the CLRA, which are legal remedies. Filed by on behalf of Empres Healthcare Management, LLC. & Prof.Code 17204. As noted above, courts have discretion to abstain from UCL claims because of its equitable remedies. Plaintiff filed her lawsuit in Sonoma County Superior Court. R. Civ. Finally, there is no evidence that the CDPH is currently considering whether Evergreen Lakeport meets nurse staffing requirements, or that it will do so in the future. If an amended complaint is filed, the EmpRes Entities and Evergreen Lakeport shall answer or move to dismiss it fourteen days after it is filed. c/o Phoenix Settlement Administrators 03-28-2016 Jeanne HAWKINS and Julie Wilson, Appellants, v. EMPRES HEALTHCARE MANAGEMENT, LLC (f/k/a Evergreen Healthcare Management LLC); and Evergreen at Talbot Road, LLC d/b/a Talbot Center for Rehabilitation and Healthcare, Respondents. The cases cited by Evergreen Lakeport, which concern life insurance coverage, mortgages, credit cards, computer software, securities, and services related to real estate transactions do not warrant a contrary conclusion. For the purposes of this motion, the Court assumes that California's alter ego doctrine, which is more lenient than Washington's, applies. The State appellate courts (Oberlandesgerichte) are primarily appelate courts to review points of law raised in appeals from the lower courts. The lawsuit was filed Tuesday in the U.S. District Court in Jacksonville by the Florida Health Justice Project and the National Health Law Program, and the complaint was shared exclusively with . (Attachments: # 1 Memorandum Order)(Related document(s) 43 ) (Landsberg, Barry) (Filed on 4/25/2011) Modified on 4/26/2011 (kc, COURT STAFF). (This is a text-only entry generated by the court. Determining whether a so-called regulatory statute confers rights depends on the intent underlying the law. Courts and cases Germany (Lexadin) to DHS and other materials disseminated to the public, represents that its facilities provide sufficient and lawful staffing. Compl. Her theory is that Defendants are a single entity that is a licensee for multiple SNFs, including the one in which she resides, and are thus jointly responsible for her alleged injuries. Plaintiff asks the Court to take judicial notice of a summary by the California Assembly Committee on Health of AB 2791, which amended California Health and Safety Code section 1430(b). (Entered: 11/21/2011), Declaration of Lexi J. Hazam in Support of 81 MOTION FOR LEAVE TO AMEND COMPLAINT filed byPhyllis Wehlage. (Entered: 09/19/2012), AMENDED CLERKS NOTICE RE DEFICIENCY re document #119 (cpS, COURT STAFF) (Filed on 9/19/2012) (Entered: 09/19/2012), CLERKS NOTICE RE DEFICIENCY re document #119 (cpS, COURT STAFF) (Filed on 9/19/2012) (Entered: 09/19/2012), [Proposed] Final Approval Order by Sherri Avalos, Dea Barry, John Michael Beauvais, Frances Benveniste, Tamara Dillon, Sharon Gonzalez, Paige Melendez, Francis Nishida, Marie-Louise Patch, Earl Roberts, Isabel S. Simental-Collier, Marily J. 201. Case Management Conference set for 7/14/2011 02:00 PM. PDF V. Empres Healthcare Management, Llc (F.k.a. ^ ^^ Evergreen Health Care Accordingly, Evergreen Lakeport's motion to dismiss, if it chooses to file one, may concern only Plaintiff's CLRA claim. Important Dates: Further, Evergreen Lakeport and the Evergreen Entities communicated with the state department of health services for the benefit of the EmpRes Entities. P. 12(b)(2) or in the alternative Fed. As explained below, Plaintiff's claims against the EmpRes Entities are dismissed with leave to amend. Wells Fargo Defeats Shareholder Lawsuit Over Fake Job Interviews Supreme Court to decide whether ERISA pre-empts - ResearchGate Starts, EmpRes Healthcare Inc. (Attachments: # 1 Exhibit)(Stebner, Kathryn) (Filed on 10/2/2012) Modified on 10/3/2012 (cpS, COURT STAFF). No tags have been applied so far. Wehlage v. EmpRes Healthcare Inc et al - PlainSite Health & Safety Code 1599.1(a). Fed.R.Evid. Civ.Code 1750, et seq. R. Civ. R. Civ. (Nelson, Robert) (Filed on 8/26/2011) Modified on 8/29/2011 (cp, COURT STAFF). 4. Second, there must be an inequitable result if the acts in question are treated as those of the corporation alone. Sonora Diamond Corp. v. Superior Court, 83 Cal.App.4th 523, 526, 99 Cal.Rptr.2d 824 (2000). From initial case pre-consultation and noticing through award distribution, taxing and case conclusion, PSA delivers superior support services to achieve the highest level of outcomes. (Seiling, Brad) (Filed on 3/24/2011) Modified on 3/25/2011 (cp, COURT STAFF). (Seiling, Brad) (Filed on 3/24/2011) Modified on 3/25/2011 (cp, COURT STAFF). The EmpRes Healthcare affiliated companies operate 45 licensed nursing homes, post-acute and rehabilitation centers and assisted living . The court noted that the plaintiff could have petitioned for a writ of mandamus, compelling the administrative agency to enforce section 1276.5(a)'s staffing requirement. Ch. The Alvarado court concluded that, if the trial court found various SNFs in violation of section 1276.5(a), it would have to decide whether to issue networks of injunctions across the State of California and then monitor and enforce them. 153 Cal.App.4th at 1306, 64 Cal.Rptr.3d 250. (Attachments: # 1 Exhibit Exhibits 1-5, # 2 Exhibit Exhibits 6-8)(Related document(s) 23 ) (Seiling, Brad) (Filed on 2/18/2011) Modified on 2/23/2011 (cp, COURT STAFF). Giuliani struggling under massive legal bills after defending Trump R. Civ. Florida agencies are accused in a lawsuit of - The Seattle Times C, at AP12. at 1547; see Fed. Ch. (adsbygoogle = window.adsbygoogle || []).push({}); Non-Government Works Copyright 2001-2023 Think Computer Corporation. R. Civ. (Entered: 03/26/2012), Notice of Withdrawal of Motion TO DISMISS PLAINTIFFS' THIRD AMENDED COMPLAINT PURSUANT TO FED. P. 12(b)(6), 56 MOTION to Dismiss Plaintiff's First Amended Complaint Pursuant to Fed. ORDER GRANTING DEFENDANTS' REQUEST FOR LEAVE TO FILE ADDITIONAL AUTHORITY, DENYING WITHOUT PREJUDICE EMPRES ENTITIES' RULE 12(B)(2) MOTION TO DISMISS, GRANTING EMPRES ENTITIES AND EVERGREEN ENTITIES' RULE 12(B)(6) MOTION TO DISMISS, AND GRANTING IN PART AND DENYING IN PART DEFENDANT EVERGREEN AT LAKEPORT'S MOTION TO DISMISS (Docket Nos. (Attachments: # 1 Declaration of Isabel S. Simental-Collier in Support)(Hazam, Lexi) (Filed on 6/15/2011) (Entered: 06/15/2011), MOTION to Appoint Marilyn J. P. 12(B)(6) AND DEFENDANTS' JOINDER THERETO (Sitar, Laura) (Filed on 3/21/2012) (Entered: 03/21/2012), MOTION to Withdraw as Attorney Motion of Andrew S. Kingsdale for Leave to Withdraw as Counsel and [Proposed] Order Granting Withdrawal filed by Sherri Avalos, Dea Barry, John Michael Beauvais, Frances Benveniste, Tamara Dillon, Paige Melendez, Francis Nishida, Marie-Louise Patch, Earl Roberts, Isabel S. Simental-Collier, Marily J. (Attachments: # 1 Request for Judicial Notice, # 2 Proposed Order)(Sitar, Laura) (Filed on 3/7/2012) Modified on 3/8/2012 (cp, COURT STAFF). II. The doctrine applies when a claim is originally cognizable in the courts, but is also subject to a regulatory scheme that is enforced by an administrative body of special competence. Chabner, 225 F.3d at 1051. EmpRes Healthcare Management has an overall rating of 2.8 out of 5, based on over 137 reviews left anonymously by employees. Pl. Evergreen Lakeport also argues that, because section 1276.5(a) is regulatory in nature, it cannot confer an enforceable right. Id. ), also does not require abstention. This rating has decreased by -1% over the last 12 months. According to Alvarado, administering such relief would be unnecessarily burdensome for a trial court. (Kingsdale, Andrew) (Filed on 3/9/2012) (Entered: 03/09/2012), NOTICE of Change of Address by Christopher J. Healey (Attachments: # 1 Certificate/Proof of Service)(Healey, Christopher) (Filed on 3/8/2012) (Entered: 03/08/2012), NOTICE of Joinder in Defendants' Motion to Dismiss Plaintiffs' Third Amended Complaint filed by Evegreen at Oroville LLC, Evergreen at Arvin LLC, Evergreen at Bakersfield LLC, Evergreen at Gridley (SNF) LLC, Evergreen at Heartwood LLC, Evergreen at Lakeport LLC, Evergreen at Petaluma LLC, Evergreen at Springs Road LLC, Evergreen at Tracy LLC. Id. filed by ECH Management LLC, EHC Financial Services LLC, EmpRes Healthcare Inc, Evegreen at Oroville LLC, Evergreen California Healthcare LLC, Evergreen at Arvin LLC, Evergreen at Bakersfield LLC, Evergreen at Gridley (SNF) LLC, Evergreen at Heartwood LLC, Evergreen at Lakeport LLC, Evergreen at Petaluma LLC, Evergreen at Springs Road LLC, Evergreen at Tracy LLC.

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