Case: Eidler v. Brookdale Senior Living

4:17-cv-03962 | U.S. District Court for the Northern District of California

Filed Date: July 13, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 13, 2017, elderly and dependent residents with physical or cognitive impairments who lived in assisted living facilities, filed this lawsuit in the U.S. District Court of the Northern District of California under the Americans with Disabilities Act of 1990 ("ADA") and state law against the corporation that owned the facilities. The plaintiffs claimed that the defendant's California facilities and services failed to meet accessibility and usability requirements of persons with disabiliti…

On July 13, 2017, elderly and dependent residents with physical or cognitive impairments who lived in assisted living facilities, filed this lawsuit in the U.S. District Court of the Northern District of California under the Americans with Disabilities Act of 1990 ("ADA") and state law against the corporation that owned the facilities. The plaintiffs claimed that the defendant's California facilities and services failed to meet accessibility and usability requirements of persons with disabilities. The plaintiffs also asserted that the California facilities are understaffed, which resulted in insufficient care and services.

On August 25, 2017, the complaint was amended to include additional plaintiffs.

On September 28, 2017, the defendant filed motions to dismiss, strike, and compel arbitration. Among other things, the motions requested that the Court (Judge James Donato) dismiss any claims against communities operated by the defendant in which the plaintiffs had never lived. The defendant also claimed that their residential communities were not covered under Title III of ADA, and thus the plaintiffs' claims failed as a matter of law. If not dismissed, the defendant requested language regarding the understaffing allegations be stricken as the understaffing did not suggest discrimination under ADA. The defendant sought that class allegations be stricken due to a lack of factual allegations, and alternatively sought limitations to the class definition. Additionally, the defendant sought compelled arbitration of various plaintiffs based on arbitration agreements signed by the plaintiffs or their legal representatives.

On March 29, 2018, the plaintiffs filed a second amended complaint. The amended complaint limited the scope of the injunctions sought to residents with mobility or visual disabilities class, and to residents with disabilities class.

On April 16, 2018, the case was reassigned to Judge Haywood Gilliam. On April 19, 2018, the defendants’ renewed their motion to compel arbitration and motioned to dismiss/strike portions of the plaintiffs’ amended complaint. On January 25, 2019, the court denied the defendants’ motion to compel arbitration, but partially granted their motion to dismiss, which compelled the plaintiffs to submit a third amended complaint on February 15, 2019 (ECF #90). The defendants moved for an interlocutory appeal concerning the decision to deny arbitration to the 9th Circuit. On March 7, 2019, the case was referred to Magistrate Judge Beeler for discovery purposes. On May 2, 2019, the defendants moved for a protective order, which was granted. The court denied the defendants’ motion for an interlocutory appeal on June 5, 2019. Since July 25, 2019 discovery has been ongoing and the case has continued.

Summary Authors

Cade Boland (1/29/2018)

Dawn Lui (10/21/2018)

Christiana Johnson (3/31/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6339153/parties/eidler-v-brookdale-senior-living-inc/


Judge(s)

Beeler, Laurel (California)

Donato, James (California)

Gilliam, Haywood Stirling Jr. (California)

Attorneys(s) for Plaintiff

Bien-Kahn, Benjamin Joseph (California)

Close, Travis C. (California)

Colby, Sarah (California)

Grunfeld, Gay Crosthwait (California)

Hu, Christopher David (California)

Johnson, Mark Thomas (California)

Johnson [inactive], Mark T. (California)

Judge(s)

Beeler, Laurel (California)

Donato, James (California)

Gilliam, Haywood Stirling Jr. (California)

Attorneys(s) for Plaintiff

Bien-Kahn, Benjamin Joseph (California)

Close, Travis C. (California)

Colby, Sarah (California)

Grunfeld, Gay Crosthwait (California)

Hu, Christopher David (California)

Johnson, Mark Thomas (California)

Johnson [inactive], Mark T. (California)

Knapp, Kelly Jean (California)

Mauney, Devin Whetstone (California)

Stebner, Kathryn Ann (California)

Umpierre, Brian S. (California)

Wallace, Guy B. (California)

Yelin, Jenny Snay (California)

Attorneys(s) for Defendant

Barker, Jeffrey A. (California)

Curley, Justin Taylor (California)

Goodin, Matthew A. (California)

Jensen, Mallory Ann (California)

KohSweeney, Adam P (California)

Kopczynski, Jeffrey A.N. (New York)

Powers, Matthew David (California)

Riley, Jennifer A. (Illinois)

Truxler, Christopher Joseph (California)

Documents in the Clearinghouse

Document

4:17-cv-03962

Docket [PACER]

Eidler v. Brookdale Senior Living, Inc.

April 10, 2020

April 10, 2020

Docket
20

4:17-cv-03962

First Amended Complaint for Declaratory and Injunctive Relief and Damages

Eidler v. Brookdale Senior Living, Inc.

Aug. 25, 2017

Aug. 25, 2017

Complaint
52

4:17-cv-03962

Second Amended Complaint

Eidler v. Brookdale Senior Living, Inc.

March 29, 2018

March 29, 2018

Complaint
90

4:17-cv-03962

Third Amended Complaint for Declaratory and Injunctive Relief and Damages

Feb. 15, 2019

Feb. 15, 2019

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6339153/eidler-v-brookdale-senior-living-inc/

Last updated Aug. 30, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief and Damages against Brookdale Living Communities, Inc., Brookdale Senior Living, Inc. ( Filing fee $ 400, receipt number 0971-11545459.). Filed byHellen Carlson, Stacia Stiner, Carlson Joan, Christopher Eidler, Patricia Eidler, Mary-Catherine Jones, Kelly Clapper. (Attachments: # 1 Civil Cover Sheet)(Wallace, Guy) (Filed on 7/13/2017) (Entered: 07/13/2017)

1 Civil Cover Sheet

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July 13, 2017

July 13, 2017

RECAP
2

MOTION to Appoint Guardian ad Litem filed by Hellen Carlson, Kelly Clapper, Christopher Eidler, Patricia Eidler, Carlson Joan, Mary-Catherine Jones, Stacia Stiner. (Attachments: # 1 Declaration of Christopher Eidler, # 2 Declaration of Joan Carlson, # 3 Declaration of Kelly Clapper)(Wallace, Guy) (Filed on 7/13/2017) (Entered: 07/13/2017)

1 Declaration of Christopher Eidler

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2 Declaration of Joan Carlson

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3 Declaration of Kelly Clapper

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July 13, 2017

July 13, 2017

PACER
3

Case assigned to Hon. James Donato. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (vlk, COURT STAFF) (Filed on 7/14/2017) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
4

Proposed Order re 2 MOTION to Appoint Guardian ad Litem by Hellen Carlson, Kelly Clapper, Christopher Eidler, Patricia Eidler, Carlson Joan, Mary-Catherine Jones, Stacia Stiner. (Wallace, Guy) (Filed on 7/14/2017) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
5

Proposed Summons. (Wallace, Guy) (Filed on 7/14/2017) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
6

Proposed Summons. (Wallace, Guy) (Filed on 7/14/2017) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
7

NOTICE of Appearance by Kathryn Ann Stebner (Stebner, Kathryn) (Filed on 7/17/2017) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
8

Initial Case Management Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras (Attachments: # 1 Notice of Eligibility for Video Recording)(hdjS, COURT STAFF) (Filed on 7/17/2017) (Entered: 07/17/2017)

1 Notice of Eligibility for Video Recording

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July 17, 2017

July 17, 2017

PACER
9

Summons Issued as to Brookdale Living Communities, Inc. (Attachments: # 1 Summons)(hdjS, COURT STAFF) (Filed on 7/17/2017) (Entered: 07/17/2017)

1 Summons

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July 17, 2017

July 17, 2017

PACER
10

NOTICE of Appearance by Gay Crosthwait Grunfeld, Benjamin Bien-Kahn and Christopher D. Hu (Grunfeld, Gay) (Filed on 7/18/2017) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER
11

NOTICE of Appearance by Kelly Jean Knapp (Knapp, Kelly) (Filed on 7/19/2017) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
12

SUMMONS Returned Executed by Hellen Carlson, Stacia Stiner, Carlson Joan, Christopher Eidler, Patricia Eidler, Mary-Catherine Jones, Kelly Clapper. Brookdale Senior Living, Inc. served on 7/18/2017, answer due 8/8/2017. (Colby, Sarah) (Filed on 7/26/2017) (Entered: 07/26/2017)

July 26, 2017

July 26, 2017

PACER
13

SUMMONS Returned Executed by Hellen Carlson, Stacia Stiner, Carlson Joan, Christopher Eidler, Patricia Eidler, Mary-Catherine Jones, Kelly Clapper. Brookdale Living Communities, Inc. served on 7/18/2017, answer due 8/8/2017. (Colby, Sarah) (Filed on 7/26/2017) (Entered: 07/26/2017)

July 26, 2017

July 26, 2017

PACER
14

NOTICE of Appearance by Matthew David Powers (Powers, Matthew) (Filed on 8/7/2017) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
15

NOTICE of Appearance by Jeffrey A. Barker (Barker, Jeffrey) (Filed on 8/7/2017) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
16

NOTICE of Appearance by Mallory Ann Jensen (Jensen, Mallory) (Filed on 8/7/2017) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
17

NOTICE of Appearance by Adam P. KohSweeney (KohSweeney, Adam) (Filed on 8/7/2017) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
18

STIPULATION re 1 Complaint, (Stipulation To Extend Time For Defendants Brookdale Senior Living, Inc. And Brookdale Senior Living Communities, Inc. To Respond to Plaintiffs' Complaint) filed by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (KohSweeney, Adam) (Filed on 8/7/2017) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
19

STIPULATION (Amended) to Extend Time for Defendants Brookdale Senior Living, Inc. and Brookdale Senior Living Communities, Inc. to Respond to Plaintiffs' Complaint filed by Hellen Carlson, Kelly Clapper, Christopher Eidler, Patricia Eidler, Carlson Joan, Mary-Catherine Jones, Stacia Stiner. (Wallace, Guy) (Filed on 8/18/2017) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
20

AMENDED COMPLAINT (First Amended Complaint for Declaratory and Injunctive Relief and Damages) against Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. Filed byHellen Carlson, Stacia Stiner, Carlson Joan, Christopher Eidler, Patricia Eidler, Mary-Catherine Jones, Kelly Clapper, Lawrence Quinlan, Bonita Hager, Loresia Vallette. (Wallace, Guy) (Filed on 8/25/2017) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
21

ADMINISTRATIVE MOTION for Appointment of Loresia Vallette as Guardian Ad Litem for Lawrence Quinlan filed by Hellen Carlson, Kelly Clapper, Christopher Eidler, Patricia Eidler, Bonita Hager, Carlson Joan, Mary-Catherine Jones, Lawrence Quinlan, Stacia Stiner, Loresia Vallette. Responses due by 8/29/2017. (Attachments: # 1 Declaration of Loresia Vallette, # 2 Proposed Order)(Wallace, Guy) (Filed on 8/25/2017) (Entered: 08/25/2017)

1 Declaration of Loresia Vallette

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2 Proposed Order

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Aug. 25, 2017

Aug. 25, 2017

PACER
22

ORDER GRANTING MOTIONS FOR GUARDIAN AD LITEM APPOINTMENTS. Pursuant to plaintiffs' unopposed requests, Dkt. Nos. 2 & 21, the Court makes the following guardian ad litem appointments under Federal Rule of Civil Procedure 17(c)(2): Christopher William Eidler for plaintiff Patricia Eidler; Kelly L. Clapper for plaintiff Mary-Catherine Jones; Joan Carlson for plaintiff Helen Carlson; and Loresia Vallette for plaintiff Lawrence Quinlan. Signed by Judge James Donato on 9/22/2017. (This is a text-only entry. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 9/22/2017) (Entered: 09/22/2017)

Sept. 22, 2017

Sept. 22, 2017

PACER
23

MOTION to Compel Arbitration filed by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. Motion Hearing set for 11/2/2017 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Judge James Donato. Responses due by 10/12/2017. Replies due by 10/19/2017. (Attachments: # 1 Declaration of Shawn Cull in Support of, # 2 Declaration of Ferdinand Augustus Buot Jr. in Support of, # 3 Declaration of Shelly Halleck in Support of, # 4 Proposed Order)(Barker, Jeffrey) (Filed on 9/28/2017) (Entered: 09/28/2017)

1 Declaration of Shawn Cull in Support of

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2 Declaration of Ferdinand Augustus Buot Jr. in Support of

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3 Declaration of Shelly Halleck in Support of

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4 Proposed Order

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Sept. 28, 2017

Sept. 28, 2017

PACER
24

MOTION to Dismiss (Notice of Motion and Motion of Defendants to Dismiss and/or Strike Portions of Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities in Support thereof) filed by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. Motion Hearing set for 11/2/2017 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Judge James Donato. Responses due by 10/12/2017. Replies due by 10/19/2017. (Attachments: # 1 Proposed Order)(Barker, Jeffrey) (Filed on 9/28/2017) (Entered: 09/28/2017)

1 Proposed Order

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Sept. 28, 2017

Sept. 28, 2017

PACER
25

MOTION to Strike (Notice of Motion and Defendants' Motion to Strike Portions of First Amended Complaint; Memorandum of Points and Authorities in Support thereof) filed by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. Motion Hearing set for 11/2/2017 10:00 AM in Courtroom 11, 19th Floor, San Francisco before Judge James Donato. Responses due by 10/12/2017. Replies due by 10/19/2017. (Attachments: # 1 Proposed Order)(Barker, Jeffrey) (Filed on 9/28/2017) (Entered: 09/28/2017)

1 Proposed Order

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Sept. 28, 2017

Sept. 28, 2017

PACER
26

Request for Judicial Notice re 25 MOTION to Strike (Notice of Motion and Defendants' Motion to Strike Portions of First Amended Complaint; Memorandum of Points and Authorities in Support thereof), 24 MOTION to Dismiss (Notice of Motion and Motion of Defendants to Dismiss and/or Strike Portions of Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities in Support thereof), 23 MOTION to Compel Arbitration filed byBrookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (Attachments: # 1 Exhibit A to Request for Judicial Notice, # 2 Proposed Order)(Related document(s) 25, 24, 23 ) (Barker, Jeffrey) (Filed on 9/28/2017) (Entered: 09/28/2017)

1 Exhibit A to Request for Judicial Notice

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2 Proposed Order

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Sept. 28, 2017

Sept. 28, 2017

PACER
27

NOTICE of Appearance by Devin Whetstone Mauney (Mauney, Devin) (Filed on 10/2/2017) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

PACER
28

STIPULATION WITH PROPOSED ORDER re 25 MOTION to Strike (Notice of Motion and Defendants' Motion to Strike Portions of First Amended Complaint; Memorandum of Points and Authorities in Support thereof), 24 MOTION to Dismiss (Notice of Motion and Motion of Defendants to Dismiss and/or Strike Portions of Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities in Support thereof), 23 MOTION to Compel Arbitration (Stipulation and [Proposed] Order Extending Time For Plaintiffs To Respond To Defendants' Motions And Setting Additional Dates) filed by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (Attachments: # 1 Declaration of Adam P. Kohsweeney In Support)(KohSweeney, Adam) (Filed on 10/6/2017) (Entered: 10/06/2017)

1 Declaration of Adam P. Kohsweeney In Support

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Oct. 6, 2017

Oct. 6, 2017

PACER
29

Order granting 28 stipulation to extend briefing schedule and continue hearing. For defendants' 23 motion to compel, 24 motion to dismiss and 25 motion to strike: Responses due by 11/9/2017. Replies due by 12/7/2017. Motion Hearing set for 12/21/2017 at 10:00 AM in Courtroom 11, 19th Floor, San Francisco. Signed by Judge James Donato on 10/12/2017. (jdlc2S, COURT STAFF) (Filed on 10/12/2017) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
30

Declaration of Jeffrey A. Barker in Support of 23 MOTION to Compel Arbitration (Supplemental Declaration of Jeffrey A. Barker in Support of Defendants Brookdale Senior Living Inc.'s and Brookdale Senior Living Communities, Inc.'s Motion to Compel Arbitration) filed byBrookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (Related document(s) 23 ) (Barker, Jeffrey) (Filed on 10/17/2017) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
31

OPPOSITION/RESPONSE (re 23 MOTION to Compel Arbitration ) filed byHellen Carlson, Kelly Clapper, Christopher Eidler, Patricia Eidler, Bonita Hager, Carlson Joan, Mary-Catherine Jones, Lawrence Quinlan, Stacia Stiner, Loresia Vallette. (Attachments: # 1 Declaration Gay Grunfeld, # 2 Declaration Heather Fisher, # 3 Declaration Michele Lytle, # 4 Declaration Loresia Vallette, # 5 Proposed Order)(Grunfeld, Gay) (Filed on 11/9/2017) (Entered: 11/09/2017)

1 Declaration Gay Grunfeld

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2 Declaration Heather Fisher

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3 Declaration Michele Lytle

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4 Declaration Loresia Vallette

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5 Proposed Order

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Nov. 9, 2017

Nov. 9, 2017

PACER
32

OPPOSITION/RESPONSE (re 25 MOTION to Strike (Notice of Motion and Defendants' Motion to Strike Portions of First Amended Complaint; Memorandum of Points and Authorities in Support thereof) ) filed byHellen Carlson, Kelly Clapper, Christopher Eidler, Patricia Eidler, Bonita Hager, Carlson Joan, Mary-Catherine Jones, Lawrence Quinlan, Stacia Stiner, Loresia Vallette. (Attachments: # 1 Proposed Order)(Wallace, Guy) (Filed on 11/9/2017) (Entered: 11/09/2017)

1 Proposed Order

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Nov. 9, 2017

Nov. 9, 2017

PACER
33

OPPOSITION/RESPONSE (re 24 MOTION to Dismiss (Notice of Motion and Motion of Defendants to Dismiss and/or Strike Portions of Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities in Support thereof) ) filed byHellen Carlson, Kelly Clapper, Christopher Eidler, Patricia Eidler, Bonita Hager, Carlson Joan, Mary-Catherine Jones, Lawrence Quinlan, Stacia Stiner, Loresia Vallette. (Attachments: # 1 Proposed Order)(Wallace, Guy) (Filed on 11/9/2017) (Entered: 11/09/2017)

1 Proposed Order

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Nov. 9, 2017

Nov. 9, 2017

PACER
34

REPLY (re 23 MOTION to Compel Arbitration ) filed byBrookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (Attachments: # 1 Supplemental Declaration of Rebecca McIntyre)(Barker, Jeffrey) (Filed on 12/7/2017) (Entered: 12/07/2017)

1 Supplemental Declaration of Rebecca McIntyre

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Dec. 7, 2017

Dec. 7, 2017

PACER
35

REPLY (re 24 MOTION to Dismiss (Notice of Motion and Motion of Defendants to Dismiss and/or Strike Portions of Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities in Support thereof) ) filed byBrookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (Barker, Jeffrey) (Filed on 12/7/2017) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
36

REPLY (re 25 MOTION to Strike (Notice of Motion and Defendants' Motion to Strike Portions of First Amended Complaint; Memorandum of Points and Authorities in Support thereof) ) filed byBrookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (Barker, Jeffrey) (Filed on 12/7/2017) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
37

ORDER. In light of the Court's trial schedule, the Court continues the hearing on defendants' 23 Motion to Compel Arbitration, 24 Motion to Dismiss, and 25 Motion to Strike to March 22, 2018 at 10:00 a.m. in Courtroom 11, 19th Floor, San Francisco. Signed by Judge James Donato on 12/15/2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc2S, COURT STAFF) (Filed on 12/15/2017) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
38

MOTION for Leave to File Second Amended Complaint filed by Hellen Carlson, Kelly Clapper, Christopher Eidler, Patricia Eidler, Bonita Hager, Carlson Joan, Mary-Catherine Jones, Lawrence Quinlan, Stacia Stiner, Loresia Vallette. (Attachments: # 1 Declaration Gay Crosthwait Grunfeld, # 2 Proposed Order)(Grunfeld, Gay) (Filed on 2/15/2018) (Entered: 02/15/2018)

1 Declaration Gay Crosthwait Grunfeld

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2 Proposed Order

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Feb. 15, 2018

Feb. 15, 2018

PACER

Set/Reset Deadlines as to 38 MOTION for Leave to File Second Amended Complaint. Motion Hearing set for 3/22/2018 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. (lrcS, COURT STAFF) (Filed on 2/15/2018)

Feb. 15, 2018

Feb. 15, 2018

PACER
39

NOTICE of Voluntary Dismissal Without Prejudice of Claims of Plaintiff Patricia Eidler by Christopher Eidler, Patricia Eidler (Mauney, Devin) (Filed on 2/22/2018) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
40

NOTICE of Voluntary Dismissal Without Prejudice of Claims of Plaintiff Bonita Hager by Bonita Hager (Mauney, Devin) (Filed on 2/22/2018) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
41

NOTICE of Voluntary Dismissal Without Prejudice of Claims of Plaintiff Mary-Catherine Jones by Kelly Clapper, Mary-Catherine Jones (Mauney, Devin) (Filed on 2/22/2018) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
42

NOTICE of Change In Counsel by Gay Crosthwait Grunfeld (Grunfeld, Gay) (Filed on 2/26/2018) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
43

OPPOSITION/RESPONSE (re 38 MOTION for Leave to File Second Amended Complaint ) filed byBrookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (Attachments: # 1 Declaration of Jeffrey A. Barker in Support of)(Barker, Jeffrey) (Filed on 3/1/2018) (Entered: 03/01/2018)

1 Declaration of Jeffrey A. Barker in Support of

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March 1, 2018

March 1, 2018

PACER
44

CLERK'S NOTICE Continuing Motion Hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to 24 MOTION to Dismiss (Notice of Motion and Motion of Defendants to Dismiss and/or Strike Portions of Plaintiffs' First Amended Complaint; Memorandum of Points and Authorities in Support thereof), 38 MOTION for Leave to File Second Amended Complaint, 23 MOTION to Compel Arbitration, 25 MOTION to Strike (Notice of Motion and Defendants' Motion to Strike Portions of First Amended Complaint; Memorandum of Points and Authorities in Support thereof). Motion Hearing set for 3/15/2018 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. (lrcS, COURT STAFF) (Filed on 3/2/2018) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

PACER
45

NOTICE of Change In Counsel by Kathryn Ann Stebner (Stebner, Kathryn) (Filed on 3/6/2018) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

PACER
46

REPLY (re 38 MOTION for Leave to File Second Amended Complaint ) filed byHellen Carlson, Kelly Clapper, Christopher Eidler, Patricia Eidler, Bonita Hager, Carlson Joan, Mary-Catherine Jones, Lawrence Quinlan, Stacia Stiner, Loresia Vallette. (Grunfeld, Gay) (Filed on 3/8/2018) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
47

Minute Entry for proceedings held before Judge James Donato: Motion Hearing held on 3/15/2018. Total Time in Court: 7 minutes. Court Reporter: Pamela Batalo. Plaintiffs' amended pleading due by 3/29/2018. (jdlc2S, COURT STAFF) (Date Filed: 3/16/2018) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
48

TRANSCRIPT ORDER for proceedings held on 03/15/2018 before Judge James Donato by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc., for Court Reporter Pam Batalo. (Jensen, Mallory) (Filed on 3/16/2018) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
49

Judicial Referral for Purpose of Determining Relationship of Cases re 13-3962-HSG. Signed by Judge James Donato on 3/16/2018. (jdlc2S, COURT STAFF) (Filed on 3/16/2018) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

RECAP
50

Transcript of Proceedings held on 03/15/18, before Judge Donato. Court Reporter Pamela A. Batalo, telephone number pamela_batalo@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 48 Transcript Order ) Redaction Request due 4/19/2018. Redacted Transcript Deadline set for 4/30/2018. Release of Transcript Restriction set for 6/27/2018. (Related documents(s) 48 ) (Batalo, Pam) (Filed on 3/29/2018) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
51

TRANSCRIPT ORDER for proceedings held on 03/15/2018 before Judge James Donato by Hellen Carlson, Carlson Joan, Lawrence Quinlan, Stacia Stiner, Loresia Vallette, for Court Reporter Pam Batalo. (Grunfeld, Gay) (Filed on 3/29/2018) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
52

AMENDED COMPLAINT Second Amended Complaint for Declaratory and Injunctive Relief and Damages against Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. Filed byCarlson Joan, Hellen Carlson, Stacia Stiner, Lawrence Quinlan, Loresia Vallette, Heather Fisher, Patricia Lindstrom, Arthur Lindstrom, Ralph Schmidt, Edward Boris, Michele Lytle, Bernie Jestrabek-Hart. (Attachments: # 1 Exhibit A - Declaration of Patricia Lindstrom Pursuant to CCP Section 377.32)(Colby, Sarah) (Filed on 3/29/2018) (Entered: 03/29/2018)

1 Exhibit A - Declaration of Patricia Lindstrom Pursuant to CCP Section 377.32

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March 29, 2018

March 29, 2018

PACER
53

MOTION to Appoint Guardian ad Litem for Edward Boris and Ralph Schmidt filed by Edward Boris, Hellen Carlson, Heather Fisher, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Patricia Lindstrom, Michele Lytle, Lawrence Quinlan, Ralph Schmidt, Stacia Stiner, Loresia Vallette. (Attachments: # 1 Declaration Heather Fisher, # 2 Declaration Michele Lytle, # 3 Proposed Order)(Grunfeld, Gay) (Filed on 3/29/2018) (Entered: 03/29/2018)

1 Declaration Heather Fisher

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2 Declaration Michele Lytle

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3 Proposed Order

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March 29, 2018

March 29, 2018

PACER
54

STIPULATION Extending Time to Respond to Plaintiffs' Second Amended Complaint re 52 Amended Complaint filed by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (KohSweeney, Adam) (Filed on 4/9/2018) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
55

ORDER RELATING CASE to 13-cv-3962-HSG. Signed by Judge Haywood S. Gilliam, Jr. on 4/16/2018. (ndrS, COURT STAFF) (Filed on 4/16/2018) (Entered: 04/16/2018)

April 16, 2018

April 16, 2018

PACER
56

ORDER REASSIGNING CASE. Case reassigned to Judge Haywood S Gilliam, Jr for all further proceedings. Judge James Donato no longer assigned to the case. Signed by Executive Committee on 4/16/2018. (jmlS, COURT STAFF) (Filed on 4/16/2018) (Entered: 04/16/2018)

April 16, 2018

April 16, 2018

PACER
57

ADMINISTRATIVE MOTION Relief from Stipulation and to Compel Rule 26 Conference filed by Edward Boris, Hellen Carlson, Heather Fisher, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Patricia Lindstrom, Michele Lytle, Lawrence Quinlan, Ralph Schmidt, Stacia Stiner, Loresia Vallette. Responses due by 4/23/2018. (Attachments: # 1 Declaration Gay Grunfeld in Support, # 2 Proposed Order)(Grunfeld, Gay) (Filed on 4/17/2018) (Entered: 04/17/2018)

1 Declaration Gay Grunfeld in Support

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2 Proposed Order

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April 17, 2018

April 17, 2018

PACER

Electronic filing error. Re: 57 ADMINISTRATIVE MOTION Relief from Stipulation and to Compel Rule 26 Conference filed by Patricia Lindstrom, Edward Boris, Michele Lytle, Loresia Vallette, Hellen Carlson, Stacia Stiner, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Ralph Schmidt, Lawrence Quinlan, Heather Fisher. REMINDER TO COUNSEL: In the future, please be sure that the case number is correctly reflected on your documents as 4:17-cv-03962-HSG. (jjbS, COURT STAFF) (Filed on 4/18/2018)

April 18, 2018

April 18, 2018

PACER
58

ORDER SETTING CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 4/24/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 4/19/2018) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
59

Renewed MOTION to Compel Arbitration filed by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. Motion Hearing set for 8/9/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 5/3/2018. Replies due by 5/10/2018. (Attachments: # 1 Proposed Order)(Barker, Jeffrey) (Filed on 4/19/2018) Modified on 4/20/2018 (cpS, COURT STAFF). (Entered: 04/19/2018)

1 Proposed Order

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April 19, 2018

April 19, 2018

PACER
60

MOTION to Dismiss and/or Strike Portions of Plaintiffs' Second Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. Motion Hearing set for 8/9/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 5/3/2018. Replies due by 5/10/2018. (Attachments: # 1 Proposed Order)(Barker, Jeffrey) (Filed on 4/19/2018) Modified on 4/20/2018 (cpS, COURT STAFF). (Entered: 04/19/2018)

1 Proposed Order

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April 19, 2018

April 19, 2018

PACER
61

MOTION to Strike Portions of Second Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc.. Motion Hearing set for 8/9/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 5/3/2018. Replies due by 5/10/2018. (Attachments: # 1 Proposed Order)(Barker, Jeffrey) (Filed on 4/19/2018) Modified on 4/20/2018 (cpS, COURT STAFF). (Entered: 04/19/2018)

1 Proposed Order

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April 19, 2018

April 19, 2018

PACER

Per Order dkt. # 58 . Set/Reset Hearing. Further Case Management Conference set for 4/24/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor. (cpS, COURT STAFF) (Filed on 4/20/2018)

April 20, 2018

April 20, 2018

PACER
62

OPPOSITION/RESPONSE (re 57 ADMINISTRATIVE MOTION Relief from Stipulation and to Compel Rule 26 Conference ) filed byBrookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (Attachments: # 1 Proposed Order)(Barker, Jeffrey) (Filed on 4/23/2018) (Entered: 04/23/2018)

1 Proposed Order

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April 23, 2018

April 23, 2018

PACER
63

Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Further Case Management Conference held on 4/24/2018. FTR Time: 2:06-2:16 (Diane Skillman assigned transcriber). Total Time in Court: 10 Minutes. Plaintiff Attorney: Sarah Colby; Guy Wallace; and Gay Grunfeld. Defendant Attorney: Jeffrey Barker; Mallory Jensen; and Matt Powers. Plaintiffs' administrative motion (docket no. 57 ) is submitted by the parties, and DENIED by the Court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 4/24/2018) Modified on 5/1/2018 (napS, COURT STAFF). (Entered: 04/25/2018)

April 24, 2018

April 24, 2018

PACER
64

STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule on Defendants' Motions filed by Edward Boris, Hellen Carlson, Heather Fisher, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Patricia Lindstrom, Michele Lytle, Lawrence Quinlan, Ralph Schmidt, Stacia Stiner, Loresia Vallette, Brookdale Senior Living, Inc., and Brookdale Living Communities, Inc. (Wallace, Guy) (Filed on 4/27/2018) Modified on 4/30/2018 (jjbS, COURT STAFF). (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
65

TRANSCRIPT ORDER for proceedings held on 4/24/2018 before Judge Haywood S Gilliam, Jr by Brookdale Living Communities, Inc., Brookdale Senior Living, Inc., for Court Reporter FTR - Oakland. (Jensen, Mallory) (Filed on 4/27/2018) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
66

ORDER by Judge Haywood S. Gilliam, Jr. Granting 64 Stipulation Regarding Briefing Schedule on Defendants' Motions. (ndrS, COURT STAFF) (Filed on 4/30/2018) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

RECAP

Reset Deadlines as to 59 MOTION to Compel Arbitration; 60 MOTION to Dismiss and/or Strike Portions of Plaintiffs' Second Amended Complaint; and 61 MOTION to Strike Portions of Second Amended Complaint Pursuant to Docket No. 66 : Responses due by 5/17/2018 and Replies due by 6/7/2018. (ndrS, COURT STAFF) (Filed on 4/30/2018)

April 30, 2018

April 30, 2018

PACER

REMINDER TO COUNSEL: In the future, please be sure that the case number is correctly reflected as 4:17-cv-03962-HSG and that the Oakland Division is listed as court location. (jjbS, COURT STAFF) (Filed on 4/30/2018)

April 30, 2018

April 30, 2018

PACER
67

ADMINISTRATIVE MOTION to Shorten Time for Hearing re 61 MOTION to Strike Portions of Second Amended Complaint, 59 MOTION to Compel Arbitration, 60 MOTION to Dismiss and/or Strike Portions of Plaintiffs' Second Amended Complaint filed by Edward Boris, Hellen Carlson, Heather Fisher, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Patricia Lindstrom, Michele Lytle, Lawrence Quinlan, Ralph Schmidt, Stacia Stiner, Loresia Vallette. Responses due by 5/11/2018. (Attachments: # 1 Declaration Gay Crosthwait Grunfeld in Support, # 2 Proposed Order)(Grunfeld, Gay) (Filed on 5/7/2018) (Entered: 05/07/2018)

1 Declaration Gay Crosthwait Grunfeld in Support

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2 Proposed Order

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May 7, 2018

May 7, 2018

PACER
68

ORDER by Judge Haywood S. Gilliam, Jr. Granting 67 Administrative Motion to Shorten Time for Hearing re 61 MOTION to Strike Portions of Second Amended Complaint, 59 MOTION to Compel Arbitration, 60 MOTION to Dismiss and/or Strike Portions of Plaintiffs' Second Amended Complaint.(ndrS, COURT STAFF) (Filed on 5/8/2018) (Entered: 05/08/2018)

May 8, 2018

May 8, 2018

RECAP

Reset Hearings as to Docket Nos. 59, 60 and 61 Pursuant to Docket No. 68 : Motion Hearing set for 7/12/2018 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 5/8/2018)

May 8, 2018

May 8, 2018

PACER
69

OPPOSITION/RESPONSE (re 59 MOTION to Compel Arbitration ) filed byEdward Boris, Hellen Carlson, Heather Fisher, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Patricia Lindstrom, Michele Lytle, Lawrence Quinlan, Ralph Schmidt, Stacia Stiner, Loresia Vallette. (Attachments: # 1 Declaration Joan Carlson, # 2 Declaration Loresia Vallette, # 3 Appendix)(Grunfeld, Gay) (Filed on 5/17/2018) (Entered: 05/17/2018)

1 Declaration Joan Carlson

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2 Declaration Loresia Vallette

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3 Appendix

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May 17, 2018

May 17, 2018

PACER
70

OPPOSITION/RESPONSE (re 60 MOTION to Dismiss and/or Strike Portions of Plaintiffs' Second Amended Complaint ) filed byEdward Boris, Hellen Carlson, Heather Fisher, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Patricia Lindstrom, Michele Lytle, Lawrence Quinlan, Ralph Schmidt, Stacia Stiner, Loresia Vallette. (Colby, Sarah) (Filed on 5/17/2018) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

RECAP
71

OPPOSITION/RESPONSE (re 61 MOTION to Strike Portions of Second Amended Complaint ) filed byEdward Boris, Hellen Carlson, Heather Fisher, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Patricia Lindstrom, Michele Lytle, Lawrence Quinlan, Ralph Schmidt, Stacia Stiner, Loresia Vallette. (Wallace, Guy) (Filed on 5/17/2018) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

PACER
72

Request for Judicial Notice filed byEdward Boris, Hellen Carlson, Heather Fisher, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Patricia Lindstrom, Michele Lytle, Lawrence Quinlan, Ralph Schmidt, Stacia Stiner, Loresia Vallette. (Attachments: # 1 Proposed Order)(Wallace, Guy) (Filed on 5/17/2018) (Entered: 05/17/2018)

1 Proposed Order

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May 17, 2018

May 17, 2018

PACER

Electronic filing error. Re: 72 Request for Judicial Notice, filed by Patricia Lindstrom, Edward Boris, Michele Lytle, Loresia Vallette, Hellen Carlson, Stacia Stiner, B ernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Ralph Schmidt, Lawrence Quinlan, Heather Fisher. REMINDER TO COUNSEL: Please be sure that the Judge's name is reflected as Haywood S. Gilliam, Jr. on the signature line of all future proposed orders submitted. (jjbS, COURT STAFF) (Filed on 5/18/2018)

May 18, 2018

May 18, 2018

PACER
73

Transcript of Proceedings held on April 24, 2018, before Judge Haywood S. Gilliam Jr.. Transcriber Diane E. Skillman, telephone number 925-899-2812, Diane_Skillman@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 65 Transcript Order ) Release of Transcript Restriction set for 8/29/2018. (Related documents(s) 65 ) (Skillman, Diane) (Filed on 5/31/2018) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER
74

TRANSCRIPT ORDER for proceedings held on 04/24/2018 before Judge Haywood S Gilliam, Jr by Edward Boris, Hellen Carlson, Heather Fisher, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Patricia Lindstrom, Michele Lytle, Lawrence Quinlan, Ralph Schmidt, Stacia Stiner, Loresia Vallette, for Court Reporter Diane Skillman. (Grunfeld, Gay) (Filed on 6/6/2018) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
75

REPLY in Support of Renewed 59 MOTION to Compel Arbitration filed byBrookdale Living Communities, Inc., Brookdale Senior Living, Inc. (Barker, Jeffrey) (Filed on 6/7/2018) Modified on 6/8/2018 (jjbS, COURT STAFF). (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

PACER
76

REPLY in Support of 60 MOTION to Dismiss and/or Strike Portions of Plaintiffs' Second Amended Complaint filed byBrookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (Barker, Jeffrey) (Filed on 6/7/2018) Modified on 6/8/2018 (jjbS, COURT STAFF). (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

PACER
77

REPLY in Support of 61 MOTION to Strike Portions of Second Amended Complaint filed byBrookdale Living Communities, Inc., Brookdale Senior Living, Inc.. (Barker, Jeffrey) (Filed on 6/7/2018) Modified on 6/8/2018 (jjbS, COURT STAFF). (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

PACER
78

Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Motion Hearing held on 7/12/2018. Total Time in Court: 45 Minutes. Court Reporter: Diane Skillman. Plaintiff Attorney: Sarah Colby; Guy Grunfeld; Devin Mauney. Defendant Attorney: Mallory Jensen; Jeffrey Barker. Defendants' motions to compel, motion to dismiss and motion to strike (docket nos. 60 - 61 ) are argued and submitted by the parties, and taken under submission by the Court. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 7/12/2018) (Entered: 07/13/2018)

July 12, 2018

July 12, 2018

PACER
79

NOTICE of Substitution of Counsel by Jenny Snay Yelin (Yelin, Jenny) (Filed on 8/7/2018) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
80

NOTICE of Change of Address by Benjamin Joseph Bien-Kahn (Bien-Kahn, Benjamin) (Filed on 10/15/2018) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
81

** * DISREGARD THIS ENTRY. DOCKETED IN INCORRECT CASE NUMBER*** Minute Entry for proceedings held before Judge Yvonne Gonzalez Rogers: Telephone Conference held on 11/29/2018.Total Time in Court: 13 minutes (for both related cases). Court Reporter: NOT REPORTED. (fs, COURT STAFF) (Date Filed: 11/29/2018) Modified on 11/29/2018 (fs, COURT STAFF). (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

PACER
82

NOTICE of Appearance by Travis C Close (Close, Travis) (Filed on 1/16/2019) (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

PACER
83

ORDER by Judge Haywood S. Gilliam, Jr. Granting 53 Motion to Appoint Guardian ad Litem. (ndrS, COURT STAFF) (Filed on 1/17/2019) (Entered: 01/17/2019)

Jan. 17, 2019

Jan. 17, 2019

RECAP
84

TRANSCRIPT ORDER for proceedings held on 07/12/2018 before Judge Haywood S Gilliam, Jr by Edward Boris, Hellen Carlson, Heather Fisher, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Patricia Lindstrom, Michele Lytle, Lawrence Quinlan, Ralph Schmidt, Stacia Stiner, Loresia Vallette, for Court Reporter Diane Skillman. (Grunfeld, Gay) (Filed on 1/22/2019) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

PACER
85

ORDER by Judge Haywood S. Gilliam, Jr. DENYING DEFENDANTS 59 MOTION TO COMPEL ARBITRATION, GRANTING IN PART AND DENYING IN PART DEFENDANTS 60 MOTION TO DISMISS, AND DENYING DEFENDANTS 61 MOTION TO STRIKE. Amended Pleadings due by 2/15/2019; Case Management Statement due by 2/5/2019; Further Case Management Conference set for 2/12/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor. (ndrS, COURT STAFF) (Filed on 1/25/2019) (Entered: 01/25/2019)

Jan. 25, 2019

Jan. 25, 2019

RECAP
86

Transcript of Proceedings held on July 12, 2018, before Judge Haywood S. Gilliam. Court Reporter Diane E. Skillman, telephone number 925-899-2812, Diane_Skillman@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 84 Transcript Order, ) Release of Transcript Restriction set for 5/2/2019. (Related documents(s) 84 ) (Skillman, Diane) (Filed on 2/1/2019) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER
87

JOINT CASE MANAGEMENT STATEMENT filed by Edward Boris, Hellen Carlson, Heather Fisher, Bernie Jestrabek-Hart, Carlson Joan, Arthur Lindstrom, Patricia Lindstrom, Michele Lytle, Lawrence Quinlan, Ralph Schmidt, Stacia Stiner, Loresia Vallette, Brookdale Senior Living, Inc., and Brookdale Living Communities, Inc. (Wallace, Guy) (Filed on 2/5/2019) Modified on 2/6/2019 (jjbS, COURT STAFF). (Entered: 02/05/2019)

Feb. 5, 2019

Feb. 5, 2019

PACER
88

NOTICE of Appearance by Mark T. Johnson (Johnson, Mark) (Filed on 2/8/2019) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
89

Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Further Case Management Conference held on 2/12/2019. FTR Time: 2:27-2:51. Plaintiff Attorney: Gay Brunfeld and Gay Wallace. Defendant Attorney: Jeffrey Barker and Mallory Jensen. The parties are directed to meet and confer and e-file a stipulation and proposed order regarding a briefing schedule re request for certification for appeal. The parties proposed briefing schedule should only include the filing of the motion and an opposition. The Court advises the parties that the motion will be deemed submitted upon receipt of the final brief. Parties are directed to e-file by February 22nd their requested list of agreed-upon Magistrate Judges. The setting of case schedule is deferred at this time. (This is a text-only entry generated by the court. There is no document associated with this entry.)Transcriber is Diane Skillman. (ndrS, COURT STAFF) (Date Filed: 2/12/2019) Modified on 2/28/2019 (oh, COURT STAFF). (Entered: 02/13/2019)

Feb. 12, 2019

Feb. 12, 2019

PACER
90

AMENDED COMPLAINT (Third) against All Defendants. Filed byCarlson Joan, Bernie Jestrabek-Hart, Hellen Carlson, Patricia Lindstrom, Stacia Stiner, Heather Fisher, Lawrence Quinlan, Loresia Vallette, Edward Boris, Arthur Lindstrom, Ralph Schmidt, Michele Lytle. (Grunfeld, Gay) (Filed on 2/15/2019) (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

RECAP
91

Submission re 89 Minute Entry for Further Case Management Conference held on 2/12/2019 by Jeanette Algarme, Edward Boris, Helen Carlson, Joan Carlson, Heather Fisher, Bernie Jestrabek-Hart, Arthur Lindstrom, Patricia Lindstrom, Michele Lytle, Lawrence Quinlan, Ralph Schmidt, Stacia Stiner, Loresia Vallette. (Wallace, Guy) (Filed on 2/22/2019) Modified on 2/25/2019 (jjbS, COURT STAFF). (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
92

STIPULATION WITH PROPOSED ORDER Setting Briefing Schedule for Request for Certification and Appeal filed by Brookdale Senior Living Communities, Inc., Brookdale Senior Living, Inc.. (Barker, Jeffrey) (Filed on 2/25/2019) (Entered: 02/25/2019)

Feb. 25, 2019

Feb. 25, 2019

PACER
93

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Brookdale Senior Living Communities, Inc., Brookdale Senior Living, Inc.. (Appeal fee of $505 receipt number 0971-13121584 paid.) (Barker, Jeffrey) (Filed on 2/25/2019) (Entered: 02/25/2019)

Feb. 25, 2019

Feb. 25, 2019

PACER

Case Details

State / Territory: California

Case Type(s):

Nursing Home Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 13, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Residents of the defendant facilities with disabilities who use mobility aids.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Rosen, Bien, Galvan & Grunfeld

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Brookdale Senior Living, Inc. , Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Bathing and hygiene

Bathrooms

Failure to supervise

Food service / nutrition / hydration

Housing

Neglect by staff

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mobility impairment

Type of Facility:

Non-government for-profit