Lopez (Begay) v. Cantex Health Care Centers II, et al
| TODD LOPEZ, as personal representative of the wrongful death estate of Don Begay |
| CANTEX HEALTH CARE CENTERS II, LLC and FARMINGTON HEALTH CARE CENTER, LTD CO., DBA Cedar Ridge Inn |
| 23-2039 |
| March 24, 2023 |
| U.S. Court of Appeals, Tenth Circuit |
| Medical Malpractice |
Docket Report
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This docket was last retrieved on May 17, 2023. A more recent docket listing may be available from PACER.
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| [10999855] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Telephone conference scheduled for 06/05/2023 at 2:00 pm (MT). The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. [Please open the Notice for important information.] [23-2038, 23-2039, 23-2040, 23-2041, 23-2042, 23-2043, 23-2044, 23-2045] [Entered: 05/17/2023 11:26 AM] |
| [10999141] Order filed by Clerk of the Court referring the jurisdictional issue raised in the court's April 10, 2023 order and the parties' memorandum briefs to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time). Appellants' consolidated opening brief and appendix are now due on 06/26/2023 for Cantex Health Care Centers II, LLC and Farmington Health Care Center, LTD Co. See order for additional information. Served on 05/15/2023. [23-2038, 23-2039, 23-2040, 23-2041, 23-2042, 23-2043, 23-2044, 23-2045] [Entered: 05/15/2023 10:58 AM] |
| [10998753] Appellee/Respondent's jurisdictional memorandum brief filed by Todd Lopez in 23-2038, 23-2039, 23-2040, 23-2041, Dennis Murphy in 23-2042, 23-2043, 23-2044, 23-2045. Served on 05/11/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-2038, 23-2039, 23-2040, 23-2041, 23-2042, 23-2043, 23-2044, 23-2045] NA [Entered: 05/11/2023 11:00 PM] |
| [10994753] Minute order filed - Appellees' single, consolidated response to the court's jursidictional order and to appellants' memorandum brief due on 05/11/2023 for Todd Lopez and Dennis Murphy. (Text Only - No Attachment) [23-2038, 23-2039, 23-2040, 23-2041, 23-2042, 23-2043, 23-2044, 23-2045] [Entered: 04/27/2023 08:20 AM] |
| [10994601] Appellant/Petitioner's jurisdictional memorandum brief filed by Cantex Health Care Centers II, LLC and Farmington Health Care Center, LTD Co. in 23-2038, 23-2039, 23-2040, 23-2041, 23-2042, 23-2043, 23-2044, 23-2045. Served on 04/26/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-2038, 23-2039, 23-2040, 23-2041, 23-2042, 23-2043, 23-2044, 23-2045] FA [Entered: 04/26/2023 02:42 PM] |
| [10994141] Deficiency notice issued. Type of deficiency: The appellants have filed eight separate memorandum briefs in each of these eight appeals. The appellants also included varying and voluminous attachments to each memorandum brief. But the court's April 10, 2023 order to show cause expressly directed the appellants to file "a single memorandum brief" in all eight appeals. Additionally, our rule addressing memorandum briefs on dispositive issues (10th Cir. R. 27.3(B)) does not allow attachments, nor did the court direct or request attachments to be filed with the memorandum brief. For these reasons, the memorandum briefs are deficient. On or before Friday, April 28, 2023, the appellants must file one corrected memorandum brief in all eight appeals that does not include any attachments and is fully in compliance with the court's April 10, 2023 order to show cause. Appellants' corrected memorandum brief due 04/28/2023 for Cantex Health Care Centers II, LLC and Farmington Health Care Center, LTD Co. [23-2038, 23-2039, 23-2040, 23-2041, 23-2042, 23-2043, 23-2044, 23-2045]--[Edited 04/25/2023 by LG to correct typo] [Entered: 04/25/2023 11:12 AM] |
| [10993869] Appellant/Petitioner's jurisdictional memorandum brief filed by Cantex Health Care Centers II, LLC and Farmington Health Care Center, LTD Co.. Served on 04/24/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-2039] FA [Entered: 04/24/2023 01:29 PM] |
| [10990067] Order filed by Clerk of the Court - The court is considering these appeals for summary disposition. Appellants' memorandum brief addressing jurisdiction due 04/24/2023 for Cantex Health Care Centers II, LLC and Farmington Health Care Center, LTD Co. (please see order for further details). Served on 04/10/2023. [23-2038, 23-2039, 23-2040, 23-2041, 23-2042, 23-2043, 23-2044, 23-2045] [Entered: 04/10/2023 11:28 AM] |
| [10990251] Filed notice record is complete. Served on 04/10/2023. [23-2039] [Entered: 04/10/2023 03:13 PM] |
| [10989707] Minute order filed - Notice due that record is complete by 04/14/2023 for Mitchell R. Elfers, Clerk of Court (oclk). (Text Only - No Attachment) [23-2039] [Entered: 04/07/2023 11:13 AM] |
| [10989684] Acknowledgment of transcript order filed by Cantex Health Care Centers II, LLC and Farmington Health Care Center, LTD Co.. Transcript ordered: None. Served on: 04/07/2023. Manner of Service: email. [23-2039] FA [Entered: 04/07/2023 10:58 AM] |
| [10989675] Docketing statement filed by Cantex Health Care Centers II, LLC and Farmington Health Care Center, LTD Co.. Served on 04/07/2023. Manner of Service: email. [23-2039] FA [Entered: 04/07/2023 10:50 AM] |
| [10989678] Rule 26 Disclosure Statement filed by Cantex Health Care Centers II, LLC and Farmington Health Care Center, LTD Co.. More than 50 parties disclosed: no. Served on 04/07/2023. Manner of Service: email. [23-2039] FA [Entered: 04/07/2023 10:55 AM] |
| [10989679] Rule 26 Disclosure Statement filed by Cantex Health Care Centers II, LLC and Farmington Health Care Center, LTD Co.. More than 50 parties disclosed: no. Served on 04/07/2023. Manner of Service: email. [23-2039] FA [Entered: 04/07/2023 10:57 AM] |
| This entry has been removed from the docket. [JMN filed incorrect counsel contacted and will re-file.] [10989483] Entry of appearance submitted by Noe Astorga-Corral, Joshua K. Conaway, and Aaron K. Thompson for Appellee Todd Lopez for court review. Certificate of Interested Parties: Yes. Served on 04/06/2023. Manner of Service: email. [23-2039] NA [Entered: 04/06/2023 01:50 PM] |
| [10989571] Entry of appearance submitted by Noe Astorga-Corral, Joshua K. Conaway, and Aaron K. Thompson for Appellee Todd Lopez for court review. Certificate of Interested Parties: Yes. Served on 04/06/2023. Manner of Service: email. [23-2039]--[Edited 04/06/2023 by JM PDF removed filed 4/6/23] NA [Entered: 04/06/2023 04:15 PM] |
| [10989609] Entry of appearance filed by Mr. Noe Astorga-Corral, Mr. Joshua Keith Conaway and Mr. Aaron K. Thompson for Todd Lopez. CERT. OF INTERESTED PARTIES: y. Served on 04/06/2023. Manner of Service: email [23-2039] [Entered: 04/06/2023 05:36 PM] |
| [10989123] Entry of appearance submitted by Frank Alvarez for Appellants Cantex Health Care Centers II, LLC and Farmington Health Care Center, LTD Co. for court review. Certificate of Interested Parties: Yes. Served on 04/05/2023. Manner of Service: email. [23-2039] [Edited to remove PDF as pleading has been filed-- Edited 04/05/2023 by NA] FA [Entered: 04/05/2023 01:51 PM] |
| [10989130] Entry of appearance filed by Frank Alvarez for Cantex Health Care Centers II, LLC and Farmington Health Care Center, LTD Co.. CERT. OF INTERESTED PARTIES: y. Served on 04/05/2023. Manner of Service: email [23-2039] [Entered: 04/05/2023 02:01 PM] |
| [10986071] Civil case docketed. Preliminary record filed. DATE RECEIVED: 03/24/2023 Docketing statement, transcript order form, entry of appearance and disclosure statement due 04/07/2023 for Cantex Health Care Centers II, LLC and Farmington Health Care Center, LTD. Notice of appearance due on 04/07/2023 for Todd Lopez.. [23-2039] [Entered: 03/24/2023 09:04 AM] |
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| Plaintiff / appellee: TODD LOPEZ, as personal representative of the wrongful death estate of Don Begay | |
| Represented By: | Noe Astorga- Corral |
| Represented By: | Joshua Keith Conaway |
| Represented By: | Nichole Lynn Henry |
| Represented By: | Aaron K. Thompson |
| Represented By: | Noe Astorga-Corral |
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| Defendant / appellant: CANTEX HEALTH CARE CENTERS II, LLC | |
| Represented By: | Frank Alvarez |
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| Defendant / appellant: FARMINGTON HEALTH CARE CENTER, LTD CO., DBA Cedar Ridge Inn | |
| Represented By: | Frank Alvarez |
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