Preview
1 BRETT SCHOEL, STATE BAR NO. 224212 E-FILED
BSchoel@ljdfa.com 3/21/2022 3:53 PM
2 DANIELLE OTERO, STATE BAR NO. 338421 Superior Court of California
dotero@ljdfa.com County of Fresno
3 LA FOLLETTE, JOHNSON, By: I. Herrera, Deputy
DeHAAS, FESLER & AMES
4 655 University Avenue, Suite 119
Sacramento, California 95825-6746
5 Telephone (916) 563-3100 • Facsimile (916) 565-3704
6 Attorneys for Defendants
ASFC, LLC dba SIERRA VISTA HEALTHCARE and ASPEN
7 SKILLED HEALTHCARE, INC.
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF FRESNO
LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES
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11 LOLA NUTT, by and through her Successor CASE NO.: 21CECG00531
in Interest, HENRY NUTT; and HENRY
12 NUTT, KEVIN NUTT, VASHON NUTT; DEFENDANT ASFC, LLC dba SIERRA VISTA
and TYRONE NUTT, individually, HEALTHCARE'S OPPOSITION TO
13 PLAINTIFFS' MOTION TO COMPEL
Plaintiffs, FURTHER RESPONSES TO REQUEST FOR
14 PRODUCTION OF DOCUMENTS, SET ONE
vs.
15 TRIAL DATE: 08/07/23
ASFC, LLC dba SIERRA VISTA ACTION FILED: 02/23/21
16 HEALTHCARE; ASPEN SKILLED
HEALTHCARE, INC; and DOES 1-25, Assigned to Kimberly Gaab, 503, for all purposes
17 inclusive, including trial
18 Defendants.
19
I. FACTS RELEVANT TO THE INSTANT MOTION
20
21 This action arises out of the care and treatment decedent, Lola Nutt, received at Sierra
22 Vista Healthcare (“Sierra Vista”) from February 15, 2020, through February 25, 2020.
23 According to plaintiffs’ First Amended Complaint, Ms. Nutt was admitted to Sierra Vista to
24 help improve her strength and mobility following a total knee replacement surgery. Ms. Nutt
25 was admitted to Sierra Vista with pre-existing medical conditions, including hypertension, type
26 II diabetes, anemia, and chronic kidney failure. Plaintiffs allege Ms. Nutt was not appropriately
27 monitored while at Sierra Vista. Ms. Nutt was never given Keflex, a medication she was allergic
28 to, and was appropriately monitored while at Sierra Vista.
-1-
s:\6446.42251 nutt\law and motion\do draft
oppositions\opp.mtc.rfp.001.d.docx
DEFENDANT ASFC, LLC dba SIERRA VISTA HEALTHCARE'S OPPOSITION TO PLAINTIFFS' MOTION TO
COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE
1 Ms. Nutt was continually encouraged to consume fluids, she was started on saline
2 intravenous hydration, she was evaluated thoroughly by nursing staff, dieticians, and physicians,
3 she underwent a urine analysis because she was experiencing confusion, and C.Diff test for loose
4 bowel movements.
5 On October 20, 2021, Plaintiffs deposed Jason Adiuba, LVN. Mr. Adiuba testified under
6 oath he did not carry out the Keflex order and did not administer it to Ms. Nutt. In addition, the
7 Medication Manifest was produced, showing Keflex was not delivered to the facility on the date
8 Plaintiffs allege Ms. Nutt was given this medication.
9 To date, Defendants have responded and supplemented its responses to Plaintiffs’
LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES
10 extensive written discovery requests. Further, Defendants have produced hundreds of pages of
11 documents including the following:
12 • New Employee Orientation Packet
13 • Director of Social Services Job Description
14 • Resident Assessment/Care Plan Coordinator Job Description
15 • Director of Nursing Services Job Description
16 • Administrator Job Description
17 • In-service Director/Educator Job Description
18 • Treatment Nurse Job Description
19 • Infection Control Nurse Job Description
20 • Nursing Assistant Training Program Coordinator Job Description
21 • Nurse Supervisor Job Description
22 • Charge Nurse Job Description
23 • Census and Direct Care Service Hours Per Patient from February 15, 2020 through
24 February 25, 2020
25 • Daily Nurse Staffing Information
26 • A list of Sierra Vista Healthcare Center Policies and Procedures
27 • Daily Nurse Shift Assignments from February 15, 2020 to February 25, 2020
28 • Time and Attendance Detail Report from February 15, 2020 through February25, 2020
-2-
s:\6446.42251 nutt\law and motion\do draft
oppositions\opp.mtc.rfp.001.d.docx
DEFENDANT ASFC, LLC dba SIERRA VISTA HEALTHCARE'S OPPOSITION TO PLAINTIFFS' MOTION TO
COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE
1 • In-Services Classes and Class Attendance Roster for January and February 2020
2 • Employee Handbook
3 • Resident Grievance Investigation Report Form
4 • Arbitration Form Agreement
5 • ASFC Ownership/Operator Information
6 • ASFC billing records
7 • Sierra Vista Healthcare medical records
8 • Pharmacy Services Agreement with Skilled Nursing Pharmacy and Aspen Healthcare,
9 and ASFC, LLC
LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES
10 • Senior Care Primary Liability Policy, Common Policy Declarations
11 • California Department of Public Health Investigation and Complaint
12 • County of Fresno Coroner Report
13 • Admission Record for Ms. Nutt
14 • Administrative Services Agreement between Aspen Skilled Healthcare and ASFC, LLC
15 • Skilled Nursing Pharmacy Delivery Manifest for Medications Delivered to Sierra Vista
16 Healthcare
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Notwithstanding Plaintiffs’ burdensome discovery requests, Aspen and Sierra Vista
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Healthcare have provided nearly all the information requested as further discussed below and in
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Sierra Vista Healthcare’s Opposition to Plaintiffs’ Separate Statement of Items in Dispute. In
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addition, Sierra Vista Healthcare continues to supplement its responses.
21
Sierra Vista has supplemented its responses and has provided Plaintiffs with its written
22
organizational chart and budged PPD and is currently investigating documents that are not
23
privileged that may be responses to Plaintiffs’ request for documents regarding patient acuity.
24
As to its governing body, Defendant does not have responsive information after a thorough and
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reasonable search and inquiry were performed.
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//
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oppositions\opp.mtc.rfp.001.d.docx
DEFENDANT ASFC, LLC dba SIERRA VISTA HEALTHCARE'S OPPOSITION TO PLAINTIFFS' MOTION TO
COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE
1 II. SIERRA VISTA HEALTHCARE REFERS TO THE ACCOMPANYING
2 SEPARATE STATEMENT OPPOSING THE INSTANT MOTION TO
3 COMPEL FOR REBUTTALS TO PLAINTIFFS’ ARGUMENTS
4
For brevity and to avoid redundancy, Sierra Vista Healthcare refers the Court to its
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accompanying Separate Statement in Opposition to Plaintiffs’ Separate Statement related to
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the specific requests compelled.
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III. CONCLUSION
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Based on the foregoing, Sierra Vista Healthcare requests the Court deny Plaintiffs’
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instant motion to compel in its entirety.
LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES
10
Respectfully Submitted,
11
Dated: March 09, 2022 LA FOLLETTE, JOHNSON,
12 DeHAAS, FESLER & AMES
13
By: /s/ Brett Schoel
14 BRETT SCHOEL
DANIELLE OTERO
15 Attorneys for Defendants
ASFC, LLC dba SIERRA VISTA HEALTHCARE and
16 ASPEN SKILLED HEALTHCARE, INC.
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oppositions\opp.mtc.rfp.001.d.docx
DEFENDANT ASFC, LLC dba SIERRA VISTA HEALTHCARE'S OPPOSITION TO PLAINTIFFS' MOTION TO
COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE
1 DECLARATION OF DANIELLE A. OTERO, ESQ.
2 I, Danielle A. Otero, Esq., hereby declare as follows:
3 1. I am an attorney at law licensed to practice before all of the Courts of the State of
4 California and am an attorney at La Follette, Johnson, DeHaas, Fesler, and Ames, counsel
5 of records for defendants, Aspen Skilled Healthcare, Inc, and ASFC, LLC dba Sierra
6 Vista Healthcare. I make this declaration based upon my personal knowledge, and if
7 called as a witness to testify thereto, would and could competently do so.
8 2. This action arises out of the care and treatment decedent, Lola Nutt, received at Sierra
9 Vista from February 15, 2020 to February 25, 2020. Plaintiffs, individually and as
LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES
10 Successors in Interest to Lola Nutt, filed the instant complaint alleging causes of action
11 for Negligence/Willful Misconduct, Elder Abuse and Neglect (pursuant to the Elder
12 Adult and Dependent Adult Civil Protection Act – Welf. & Inst. Code section 15600, et.
13 seq.) and Violation of Patient’s Bill of Rights (pursuant to Health and Safety Code section
14 1430) against defendants Sierra Vista and Aspen Skilled Healthcare, Inc.
15 3. Despite the extensive boilerplate allegations contained in the operative complaint and
16 voluminous written discovery propounded by Plaintiffs to date, the facts are simple.
17 Decedent underwent a right total knee replacement surgery prior to her admission, she
18 had extensive pre-existing medical conditions, and despite appropriate treatment at Sierra
19 Vista, she was unable to recover from this stressful surgery, passing from a heart attack.
20 4. Notwithstanding the relatively straightforward claims against Sierra Vista, Plaintiffs have
21 sought an exorbitant amount of unrelated documents including, but not limited to
22 financial records, corporate records and filings, incident reports, complaints, and
23 employment files.
24 5. I engaged in multiple meet and confer discussions with Plaintiffs’ counsel and Sierra
25 Vista has served supplemental responses and hundreds of documents. Indeed,
26 notwithstanding Plaintiffs’ burdensome discovery requests, Sierra Vista has provided
27 nearly all the information requested as further discussed in Sierra Vista’s Opposition to
28 Plaintiffs’ Separate Statement of Items in Dispute.
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s:\6446.42251 nutt\law and motion\do draft
oppositions\opp.mtc.rfp.001.d.docx
DEFENDANT ASFC, LLC dba SIERRA VISTA HEALTHCARE'S OPPOSITION TO PLAINTIFFS' MOTION TO
COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE
1 I declare under penalty of perjury under the laws of the State of California that the foregoing
2 is true and correct.
3 Executed this 9th day of March 2022, at San Diego, California.
4
5 Respectfully Submitted,
6 Dated: March 09, 2022 LA FOLLETTE, JOHNSON,
DeHAAS, FESLER & AMES
7
8 By: /s/ Danielle Otero
DANIELLE OTERO
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DEFENDANT ASFC, LLC dba SIERRA VISTA HEALTHCARE'S OPPOSITION TO PLAINTIFFS' MOTION TO
COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE
1 PROOF OF SERVICE - 1013a, 2015.5 C.C.P.
2 STATE OF CALIFORNIA ]
]
3 COUNTY OF FRESNO ]
4 I am employed in the County of Sacramento, State of California. I am over the age of 18 and not
a party to the within action; my business address is LA FOLLETTE, JOHNSON, DeHAAS, FESLER &
5 AMES, 655 University Avenue, Suite 119, Sacramento, California 95825-6746.
6 On March 09, 2022, I served the foregoing document described as DEFENDANT ASFC, LLC
dba SIERRA VISTA HEALTHCARE'S OPPOSITION TO PLAINTIFFS' MOTION TO
7 COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS,
SET TWO on the interested parties in Re Nutt v. Aspen Skilled Healthcare, Inc., Court Case No.
8 21CECG00531, by emailing a true copy, due to the COVID-19 pandemic, pursuant to the service listas
follows:
9
LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES
Gregory L. Johnson, Esq.
10 Joanna Hutchins
JOHNSON MOORE
11 100 E. Thousand Oaks Blvd., Suite 229
Thousand Oaks, CA 91360
12
Phone: (805) 988-3661
13 Fax: (805) 494-4777
Email: Greg@Johnson-Moore.com
14 joanna@johnson-moore.com
Attorneys for Plaintiffs LOLA NUTT, by and through her Successor in Interest, HENRY NUTT; and
15 HENRY NUTT, KEVN NUTT, VASHON NUTT; and TYRONE NUTT
16 X BY ELECTRONIC SERVICE: [Code of Civ. Proc. §1010.6] by electronically mailing the
document(s) listed above to the e-mail address(es) set forth above, or as stated on the attached service list
17 per agreement in accordance with Code of Civil Procedure Section 1010.6, OR in accordance with
Emergency Rule of Court 12(b)(1) during the COVID-19 crisis, by electronically mailing the
18 document(s) listed above to the e-mail address(es) set forth as stated on the attached service list.
19 BY MAIL: I caused such envelope with postage thereon fully prepaid to be placed in the United
States mail at Sacramento, California. I am ''readily familiar'' with the firm's practice of collection and
20 processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service
on that same day with postage thereon fully prepaid at Sacramento, California, in the ordinary course of
21 business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation
date or postage meter date is more than one day after date of deposit for mailing in affidavit.
22 BY FACSIMILE: I sent via facsimile, a copy of said document(s) to the following addressee(s)
at the following facsimile number(s) in accordance with the written confirmation of counsel in this action.
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BY OVERNIGHT DELIVERY: I caused such envelope(s) to be delivered to an overnight
24 delivery carrier with delivery fees provided for, addressed to the person(s) on whom it is to be served.
BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the offices of
25 the addressee(s).
26 I declare under penalty of perjury under the laws of the State of California that the above is true
and correct.
27 Executed on March 09, 2022, at Sacramento, California.
28 /s/ Ashley Eugene
ASHLEY EUGENE
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DEFENDANT ASFC, LLC dba SIERRA VISTA HEALTHCARE'S OPPOSITION TO PLAINTIFFS' MOTION TO
COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE
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DEFENDANT ASFC, LLC dba SIERRA VISTA HEALTHCARE'S OPPOSITION TO PLAINTIFFS' MOTION TO
COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE
Preview
1 BRETT SCHOEL, STATE BAR NO. 224212 E-FILED BSchoel@ljdfa.com 3/21/2022 3:53 PM 2 DANIELLE OTERO, STATE BAR NO. 338421 Superior Court of California dotero@ljdfa.com County of Fresno 3 LA FOLLETTE, JOHNSON, By: I. Herrera, Deputy DeHAAS, FESLER & AMES 4 655 University Avenue, Suite 119 Sacramento, California 95825-6746 5 Telephone (916) 563-3100 • Facsimile (916) 565-3704 6 Attorneys for Defendants ASFC, LLC dba SIERRA VISTA HEALTHCARE and ASPEN 7 SKILLED HEALTHCARE, INC. 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF FRESNO LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES 10 11 LOLA NUTT, by and through her Successor CASE NO.: 21CECG00531 in Interest, HENRY NUTT; and HENRY 12 NUTT, KEVIN NUTT, VASHON NUTT; DEFENDANT ASFC, LLC dba SIERRA VISTA and TYRONE NUTT, individually, HEALTHCARE'S OPPOSITION TO 13 PLAINTIFFS' MOTION TO COMPEL Plaintiffs, FURTHER RESPONSES TO REQUEST FOR 14 PRODUCTION OF DOCUMENTS, SET ONE vs. 15 TRIAL DATE: 08/07/23 ASFC, LLC dba SIERRA VISTA ACTION FILED: 02/23/21 16 HEALTHCARE; ASPEN SKILLED HEALTHCARE, INC; and DOES 1-25, Assigned to Kimberly Gaab, 503, for all purposes 17 inclusive, including trial 18 Defendants. 19 I. FACTS RELEVANT TO THE INSTANT MOTION 20 21 This action arises out of the care and treatment decedent, Lola Nutt, received at Sierra 22 Vista Healthcare (“Sierra Vista”) from February 15, 2020, through February 25, 2020. 23 According to plaintiffs’ First Amended Complaint, Ms. Nutt was admitted to Sierra Vista to 24 help improve her strength and mobility following a total knee replacement surgery. Ms. Nutt 25 was admitted to Sierra Vista with pre-existing medical conditions, including hypertension, type 26 II diabetes, anemia, and chronic kidney failure. Plaintiffs allege Ms. Nutt was not appropriately 27 monitored while at Sierra Vista. Ms. Nutt was never given Keflex, a medication she was allergic 28 to, and was appropriately monitored while at Sierra Vista. -1- s:\6446.42251 nutt\law and motion\do draft oppositions\opp.mtc.rfp.001.d.docx DEFENDANT ASFC, LLC dba SIERRA VISTA HEALTHCARE'S OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE 1 Ms. Nutt was continually encouraged to consume fluids, she was started on saline 2 intravenous hydration, she was evaluated thoroughly by nursing staff, dieticians, and physicians, 3 she underwent a urine analysis because she was experiencing confusion, and C.Diff test for loose 4 bowel movements. 5 On October 20, 2021, Plaintiffs deposed Jason Adiuba, LVN. Mr. Adiuba testified under 6 oath he did not carry out the Keflex order and did not administer it to Ms. Nutt. In addition, the 7 Medication Manifest was produced, showing Keflex was not delivered to the facility on the date 8 Plaintiffs allege Ms. Nutt was given this medication. 9 To date, Defendants have responded and supplemented its responses to Plaintiffs’ LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES 10 extensive written discovery requests. Further, Defendants have produced hundreds of pages of 11 documents including the following: 12 • New Employee Orientation Packet 13 • Director of Social Services Job Description 14 • Resident Assessment/Care Plan Coordinator Job Description 15 • Director of Nursing Services Job Description 16 • Administrator Job Description 17 • In-service Director/Educator Job Description 18 • Treatment Nurse Job Description 19 • Infection Control Nurse Job Description 20 • Nursing Assistant Training Program Coordinator Job Description 21 • Nurse Supervisor Job Description 22 • Charge Nurse Job Description 23 • Census and Direct Care Service Hours Per Patient from February 15, 2020 through 24 February 25, 2020 25 • Daily Nurse Staffing Information 26 • A list of Sierra Vista Healthcare Center Policies and Procedures 27 • Daily Nurse Shift Assignments from February 15, 2020 to February 25, 2020 28 • Time and Attendance Detail Report from February 15, 2020 through February25, 2020 -2- s:\6446.42251 nutt\law and motion\do draft oppositions\opp.mtc.rfp.001.d.docx DEFENDANT ASFC, LLC dba SIERRA VISTA HEALTHCARE'S OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE 1 • In-Services Classes and Class Attendance Roster for January and February 2020 2 • Employee Handbook 3 • Resident Grievance Investigation Report Form 4 • Arbitration Form Agreement 5 • ASFC Ownership/Operator Information 6 • ASFC billing records 7 • Sierra Vista Healthcare medical records 8 • Pharmacy Services Agreement with Skilled Nursing Pharmacy and Aspen Healthcare, 9 and ASFC, LLC LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES 10 • Senior Care Primary Liability Policy, Common Policy Declarations 11 • California Department of Public Health Investigation and Complaint 12 • County of Fresno Coroner Report 13 • Admission Record for Ms. Nutt 14 • Administrative Services Agreement between Aspen Skilled Healthcare and ASFC, LLC 15 • Skilled Nursing Pharmacy Delivery Manifest for Medications Delivered to Sierra Vista 16 Healthcare 17 Notwithstanding Plaintiffs’ burdensome discovery requests, Aspen and Sierra Vista 18 Healthcare have provided nearly all the information requested as further discussed below and in 19 Sierra Vista Healthcare’s Opposition to Plaintiffs’ Separate Statement of Items in Dispute. In 20 addition, Sierra Vista Healthcare continues to supplement its responses. 21 Sierra Vista has supplemented its responses and has provided Plaintiffs with its written 22 organizational chart and budged PPD and is currently investigating documents that are not 23 privileged that may be responses to Plaintiffs’ request for documents regarding patient acuity. 24 As to its governing body, Defendant does not have responsive information after a thorough and 25 reasonable search and inquiry were performed. 26 27 // 28 -3- s:\6446.42251 nutt\law and motion\do draft oppositions\opp.mtc.rfp.001.d.docx DEFENDANT ASFC, LLC dba SIERRA VISTA HEALTHCARE'S OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE 1 II. SIERRA VISTA HEALTHCARE REFERS TO THE ACCOMPANYING 2 SEPARATE STATEMENT OPPOSING THE INSTANT MOTION TO 3 COMPEL FOR REBUTTALS TO PLAINTIFFS’ ARGUMENTS 4 For brevity and to avoid redundancy, Sierra Vista Healthcare refers the Court to its 5 accompanying Separate Statement in Opposition to Plaintiffs’ Separate Statement related to 6 the specific requests compelled. 7 III. CONCLUSION 8 Based on the foregoing, Sierra Vista Healthcare requests the Court deny Plaintiffs’ 9 instant motion to compel in its entirety. LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES 10 Respectfully Submitted, 11 Dated: March 09, 2022 LA FOLLETTE, JOHNSON, 12 DeHAAS, FESLER & AMES 13 By: /s/ Brett Schoel 14 BRETT SCHOEL DANIELLE OTERO 15 Attorneys for Defendants ASFC, LLC dba SIERRA VISTA HEALTHCARE and 16 ASPEN SKILLED HEALTHCARE, INC. 17 18 19 20 21 22 23 24 25 26 27 28 -4- s:\6446.42251 nutt\law and motion\do draft oppositions\opp.mtc.rfp.001.d.docx DEFENDANT ASFC, LLC dba SIERRA VISTA HEALTHCARE'S OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE 1 DECLARATION OF DANIELLE A. OTERO, ESQ. 2 I, Danielle A. Otero, Esq., hereby declare as follows: 3 1. I am an attorney at law licensed to practice before all of the Courts of the State of 4 California and am an attorney at La Follette, Johnson, DeHaas, Fesler, and Ames, counsel 5 of records for defendants, Aspen Skilled Healthcare, Inc, and ASFC, LLC dba Sierra 6 Vista Healthcare. I make this declaration based upon my personal knowledge, and if 7 called as a witness to testify thereto, would and could competently do so. 8 2. This action arises out of the care and treatment decedent, Lola Nutt, received at Sierra 9 Vista from February 15, 2020 to February 25, 2020. Plaintiffs, individually and as LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES 10 Successors in Interest to Lola Nutt, filed the instant complaint alleging causes of action 11 for Negligence/Willful Misconduct, Elder Abuse and Neglect (pursuant to the Elder 12 Adult and Dependent Adult Civil Protection Act – Welf. & Inst. Code section 15600, et. 13 seq.) and Violation of Patient’s Bill of Rights (pursuant to Health and Safety Code section 14 1430) against defendants Sierra Vista and Aspen Skilled Healthcare, Inc. 15 3. Despite the extensive boilerplate allegations contained in the operative complaint and 16 voluminous written discovery propounded by Plaintiffs to date, the facts are simple. 17 Decedent underwent a right total knee replacement surgery prior to her admission, she 18 had extensive pre-existing medical conditions, and despite appropriate treatment at Sierra 19 Vista, she was unable to recover from this stressful surgery, passing from a heart attack. 20 4. Notwithstanding the relatively straightforward claims against Sierra Vista, Plaintiffs have 21 sought an exorbitant amount of unrelated documents including, but not limited to 22 financial records, corporate records and filings, incident reports, complaints, and 23 employment files. 24 5. I engaged in multiple meet and confer discussions with Plaintiffs’ counsel and Sierra 25 Vista has served supplemental responses and hundreds of documents. Indeed, 26 notwithstanding Plaintiffs’ burdensome discovery requests, Sierra Vista has provided 27 nearly all the information requested as further discussed in Sierra Vista’s Opposition to 28 Plaintiffs’ Separate Statement of Items in Dispute. -5- s:\6446.42251 nutt\law and motion\do draft oppositions\opp.mtc.rfp.001.d.docx DEFENDANT ASFC, LLC dba SIERRA VISTA HEALTHCARE'S OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE 1 I declare under penalty of perjury under the laws of the State of California that the foregoing 2 is true and correct. 3 Executed this 9th day of March 2022, at San Diego, California. 4 5 Respectfully Submitted, 6 Dated: March 09, 2022 LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES 7 8 By: /s/ Danielle Otero DANIELLE OTERO 9 LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6- s:\6446.42251 nutt\law and motion\do draft oppositions\opp.mtc.rfp.001.d.docx DEFENDANT ASFC, LLC dba SIERRA VISTA HEALTHCARE'S OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE 1 PROOF OF SERVICE - 1013a, 2015.5 C.C.P. 2 STATE OF CALIFORNIA ] ] 3 COUNTY OF FRESNO ] 4 I am employed in the County of Sacramento, State of California. I am over the age of 18 and not a party to the within action; my business address is LA FOLLETTE, JOHNSON, DeHAAS, FESLER & 5 AMES, 655 University Avenue, Suite 119, Sacramento, California 95825-6746. 6 On March 09, 2022, I served the foregoing document described as DEFENDANT ASFC, LLC dba SIERRA VISTA HEALTHCARE'S OPPOSITION TO PLAINTIFFS' MOTION TO 7 COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO on the interested parties in Re Nutt v. Aspen Skilled Healthcare, Inc., Court Case No. 8 21CECG00531, by emailing a true copy, due to the COVID-19 pandemic, pursuant to the service listas follows: 9 LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES Gregory L. Johnson, Esq. 10 Joanna Hutchins JOHNSON MOORE 11 100 E. Thousand Oaks Blvd., Suite 229 Thousand Oaks, CA 91360 12 Phone: (805) 988-3661 13 Fax: (805) 494-4777 Email: Greg@Johnson-Moore.com 14 joanna@johnson-moore.com Attorneys for Plaintiffs LOLA NUTT, by and through her Successor in Interest, HENRY NUTT; and 15 HENRY NUTT, KEVN NUTT, VASHON NUTT; and TYRONE NUTT 16 X BY ELECTRONIC SERVICE: [Code of Civ. Proc. §1010.6] by electronically mailing the document(s) listed above to the e-mail address(es) set forth above, or as stated on the attached service list 17 per agreement in accordance with Code of Civil Procedure Section 1010.6, OR in accordance with Emergency Rule of Court 12(b)(1) during the COVID-19 crisis, by electronically mailing the 18 document(s) listed above to the e-mail address(es) set forth as stated on the attached service list. 19 BY MAIL: I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at Sacramento, California. I am ''readily familiar'' with the firm's practice of collection and 20 processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Sacramento, California, in the ordinary course of 21 business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 22 BY FACSIMILE: I sent via facsimile, a copy of said document(s) to the following addressee(s) at the following facsimile number(s) in accordance with the written confirmation of counsel in this action. 23 BY OVERNIGHT DELIVERY: I caused such envelope(s) to be delivered to an overnight 24 delivery carrier with delivery fees provided for, addressed to the person(s) on whom it is to be served. BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the offices of 25 the addressee(s). 26 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 27 Executed on March 09, 2022, at Sacramento, California. 28 /s/ Ashley Eugene ASHLEY EUGENE -2- s:\6446.42251 nutt\law and motion\do draft oppositions\opp.mtc.rfp.001.d.docx DEFENDANT ASFC, LLC dba SIERRA VISTA HEALTHCARE'S OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE 1 2 3 4 5 6 7 8 9 LA FOLLETTE, JOHNSON, DeHAAS, FESLER & AMES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- s:\6446.42251 nutt\law and motion\do draft oppositions\opp.mtc.rfp.001.d.docx DEFENDANT ASFC, LLC dba SIERRA VISTA HEALTHCARE'S OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE