Gloudeman v. Yavapai Community Hospital Association et al
| Kaylee Ann Gloudeman |
| Yavapai Community Hospital Association an Arizona corporation doing business as Yavapai Regional Medical Center, David B Merrill, Spencer Claussen, Unknown Parties and United States of America |
| 3:2022cv08223 |
| December 8, 2022 |
| US District Court for the District of Arizona |
| Diane J Humetewa |
| James F Metcalf |
| Personal Injury: Med. Malpractice |
| 28 U.S.C. § 1441 Petition for Removal- Medical Malpractice |
| Defendant |
Docket Report
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| Filing 19 NOTICE re: Acknowledgment of remand by Yavapai County Superior Court. (SMF) |
Filing 18
ORDER- This action is remanded to state court sua sponte for lack of subject matter jurisdiction. The Clerk shall remand this action to the Yavapai County Superior Court and terminate this case. Signed by Judge Diane J Humetewa on 1/4/23. (Attachments: #1 Remand Letter)(SMF)
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Filing 17
ORDER approving the Stipulation (Doc. #16 ) and dismissing this action as to Defendant United States only, without prejudice. The Clerk of Court shall terminate Defendant United States from this matter. IT IS FURTHER ORDERED that in light of this dismissal, Defendant United States' pending Motion to Dismiss (Doc. #8 ) and Plaintiff's Application for Default (Doc. #14 ) are denied, as moot. Signed by Judge Diane J Humetewa on 12/28/2022. (LFIG)
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| Filing 16 STIPULATION of Dismissal of Defendant United States Without Prejudice by United States of America. (Piensook, Kwan) |
| Filing 15 NOTICE re: Meet and Confer by United States of America . (Piensook, Kwan) |
| Filing 14 APPLICATION for Entry of Default by Plaintiff Kaylee Ann Gloudeman against Defendant Spencer Claussen, CNP. (LFIG) Modified event to motion on 12/20/2022, per chambers. (LFIG) |
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Filing 13
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. Defendant United States of America ("Defendant") shall file a certification of conferral by 12/22/2022 indicating that the parties: (1) have conferred to determine whether an amendment could cure a deficient pleading and (2) have been unable to agree that the pleading is curable by a permissible amendment. ORDERED directing the Clerk to file as a pending motion Plaintiffs Application for Entry of Default, currently filed at Doc. 5. Defendant USAs Suggestion of Mootness is construed as a response to the Application for Entry of Default. Plaintiff shall have through December 22, 2022, to file a reply in support of the Application for Default, or to otherwise withdraw the Application. Signed by Judge Diane J Humetewa on 12/16/2022. (LFIG)
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| Filing 12 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Diane J Humetewa. All further pleadings/papers should now list the following COMPLETE case number: CV-22-8223-PCT-DJH. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 11 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 10 NOTICE re: Suggestion of Mootness to Plaintiffs Application for Entry of Default by United States of America . (Piensook, Kwan) |
| Filing 9 NOTICE re: Pending Motion by United States of America re: #5 Additional Attachments to Main Document . (Piensook, Kwan) |
| Filing 8 MOTION to Dismiss Case by United States of America. (Attachments: #1 Exhibit)(Piensook, Kwan) |
| Filing 5 Additional Attachments to Main Document re: #1 Notice of Removal, Attachment 9 - Remainder of Superior Court Record by Defendant Spencer Claussen. (Piensook, Kwan) |
| Filing 4 NOTICE re: of Filing Amended Civil Cover Sheet by Spencer Claussen re: #1 Notice of Removal, . (Piensook, Kwan) |
| Filing 3 NOTICE TO PARTY 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 Yavapai Community Hospital Association. (MCO) |
| Filing 2 This case has been assigned to the Honorable James F Metcalf. All future pleadings or documents should bear the correct case number: CV-22-8223-PCT-JFM. Magistrate Election form attached. PLEASE NOTE: Plaintiff(s) and defendants that have already appeared in this case are required to file the attached Magistrate Election form within FOURTEEN (14) days of this filing. Please read attached instructions. (MCO) |
| Filing 1 NOTICE OF REMOVAL from Yavapai County Superior Court, case number P1300CV2022-00494 filed by Spencer Claussen. (Piensook, Kwan) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Attachment, #4 Attachment, #5 Attachment, #6 Attachment, #7 Attachment, #8 Attachment, #9 Attachment, #10 Attachment)(MCO) (Additional attachment(s) added on 12/9/2022: #11 Attachment Answer) (MCO). |
| ***STATE COURT RECORDS RECEIVED*** SERVICE EXECUTED: Acceptance of Service re: Summons/Complaint/Certificate of Compulsory Arbitration/Attorney upon Yavapai Community Hospital Association on 8/15/2022. (Original filed in Yavapai County Superior Court on 8/22/2022). SERVICE EXECUTED: Certificate of Service re: Summons/Complaint/Certificate of Compulsory Arbitration/Attorney upon David B Merrill, D.O. on 8/21/2022. (Original filed in Yavapai County Superior Court on 8/23/2022). SERVICE EXECUTED: Certificate of Service re: Summons/Complaint/Certificate of Compulsory Arbitration/Attorney upon Spencer Clausen, CNP on 8/19/2022. (Original filed in Yavapai County Superior Court on 8/25/2022). (MCO) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
| ***STATE COURT RECORDS RECEIVED ANSWER to Complaint with Jury Demand by David B Merrill and Yavapai Community Hospital Association. ENTERED IN DISTRICT COURT FOR CASE MANAGEMENT PURPOSES*** (MCO) |
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