McCumber v. Koelsch Senior Communities LLC et al
Plaintiff: Lona McCumber
Defendant: Koelsch Senior Communities LLC a Washington limited liability company doing business as Silver Creek Inn Memory Care Community, Gilbert Partners LLC and Unknown Parties
Case Number: 2:2023cv02181
Filed: October 20, 2023
Court: US District Court for the District of Arizona
Presiding Judge: John J Tuchi
Nature of Suit: Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 7, 2023 Opinion or Order Filing 12 ORDER: IT IS HEREBY ORDERED that this matter will be dismissed with prejudice 90 days after the docketing of this Order unless the parties file a stipulation to dismiss prior to that date. The settlement constitutes an accord that has extinguished the underlying claim. All pending hearings and motions (Doc. #8 ) are deemed moot. Signed by Judge John J Tuchi on 11/7/2023. (JAMA)
November 6, 2023 Filing 11 NOTICE of Settlement by Gilbert Partners LLC, Koelsch Senior Communities LLC. (San Angelo, Melissa)
November 2, 2023 Filing 10 Corporate Disclosure Statement by Koelsch Senior Communities LLC. (San Angelo, Melissa)
November 2, 2023 Filing 9 Corporate Disclosure Statement by Gilbert Partners LLC. (San Angelo, Melissa)
November 1, 2023 Filing 8 First MOTION to Compel Arbitration for Plaintiff's APSA and Arizona Consumer Fraud Claims and Stay Proceedings by Gilbert Partners LLC, Koelsch Senior Communities LLC. (Attachments: #1 Exhibit A to Motion to Compel Arbitration, #2 Proposed Order on Motion to Compel Arbitration)(San Angelo, Melissa)
October 31, 2023 Filing 7 Defendants ANSWER to Complaint by Gilbert Partners LLC, Koelsch Senior Communities LLC.(San Angelo, Melissa)
October 23, 2023 Filing 6 Additional Attachments to Main Document re: #1 Notice of Removal, Civil Cover Sheet, Supplemental Cover Sheet by Defendants Gilbert Partners LLC, Koelsch Senior Communities LLC. (Attachments: #1 Supplement Civil Cover Sheet)(San Angelo, Melissa)
October 23, 2023 Opinion or Order Filing 5 ORDER: IT IS HEREBY ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12(b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. (See attached Order). Signed by Judge John J Tuchi on 10/23/2023. (JAMA)
October 20, 2023 Filing 4 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Gilbert Partners LLC, Koelsch Senior Communities LLC. (JAM)
October 20, 2023 Filing 3 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Koelsch Senior Communities LLC, Gilbert Partners LLC. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet and a Supplemental Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please file corrected documents. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAM)
October 20, 2023 Filing 2 Filing fee paid, receipt number AAZDC-22411573. This case has been assigned to the Honorable John J Tuchi. All future pleadings or documents should bear the correct case number: CV-23-2181-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (JAM)
October 20, 2023 Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2023-013030. Filing fee received: $ 402.00, receipt number AAZDC-22411573 filed by Gilbert Partners LLC, Koelsch Senior Communities LLC. (San Angelo, Melissa) (Attachments: #1 Exhibit, #2 Attachment)(JAM)
October 20, 2023 ***STATE COURT RECORDS RECEIVED*** SERVICE EXECUTED: Notice of Service re: Summons/Complaint upon Koelsch Senior Communities, LLC on 10/9/23. (Original filed in Maricopa County Superior Court on 10/13/23.) (JAM) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.

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Plaintiff: Lona McCumber
Represented By: Austin Kipling Kurtz
Represented By: J Tyrrell Taber
Represented By: Shayna Frieden
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Defendant: Koelsch Senior Communities LLC a Washington limited liability company doing business as Silver Creek Inn Memory Care Community
Represented By: James William Kaucher
Represented By: Melissa Sue San Angelo
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Defendant: Gilbert Partners LLC
Represented By: James William Kaucher
Represented By: Melissa Sue San Angelo
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Defendant: Unknown Parties
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