Blanco et al v. HCA-HealthONE, LLC et al
| Marisela Blanco, Co-Personal Representative of the Estate of Steven Blanco, Jr., Marisela Blanco, Steven Blanco, Sr., Steven Blanco, Co-Personal Representative of the Estate of Steven Blanco, Jr., Sr., Marisela (I) Blanco and Steven (I) Blanco, Sr. |
| P/SL Presbyterian/St. Luke's Medical Center, Inc., HealthONE, Inc., HCA-HealthONE, LLC, M.D. Jonathan L. Brandon, Doe Physicians #1-#10, Rocky Mountain Hospital for Children at PSL, Doe Administrators of the Medical Entity Defendants #1-#10, Doe Nurses #1-#10, M.D. Thiyagarajan R. Meyappan, Doe Corporations or Companies #1-#5, Thiyagarajan R. Meyappan, T. Raju Meyappan and Jonathan L. Brandon |
| 1:2019cv00928 |
| March 28, 2019 |
| US District Court for the District of Colorado |
| S Kato Crews |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 37 First MOTION to Strike #35 Amended Complaint by Defendants HCA-HealthONE, LLC, HealthONE, Inc., P/SL Presbyterian/St. Luke's Medical Center, Inc., Rocky Mountain Hospital for Children at PSL. (Attachments: #1 Exhibit Complaint, #2 Exhibit Service on HCA, #3 Exhibit Show Cause Order, #4 Exhibit Amended Complaint)(Lund, Eric) |
| Filing 36 RESPONSE to #24 First MOTION to Dismiss Regarding Violation of Court Order filed by Plaintiffs Marisela Blanco, Marisela (I) Blanco, Steven Blanco, Sr, Steven (I) Blanco, Sr. (Attachments: #1 Affidavit Exhibit A)(Jorde, Brian) |
| Filing 35 AMENDED COMPLAINT against All Defendants, filed by Marisela Blanco, Marisela (I) Blanco, Steven Blanco, Sr, Steven (I) Blanco, Sr.(Jorde, Brian) |
| Filing 34 SUMMONS Returned Executed by All Plaintiffs. (Jorde, Brian) |
| Filing 33 SUMMONS Returned Executed by All Plaintiffs. (Jorde, Brian) |
| Filing 32 SUMMONS Returned Executed by All Plaintiffs. (Jorde, Brian) |
| Filing 31 SUMMONS Returned Executed by All Plaintiffs. (Jorde, Brian) |
Filing 30
ORDER TO SHOW CAUSE: The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h). Plaintiffs' Complaint alleges that the Court has jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties in which Defendant HCA-HealthONE, LLC is identified as a limited liability company. The Court must consider the citizenship of all members of the LLC in determining whether diversity jurisdiction exists. See Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1237 (10th Cir. 2015) ("only those state-created entities that are corporations, in the traditional understanding of that word, will be treated as a person for purposes of diversity jurisdiction"). As Plaintiffs are invoking jurisdiction of the federal court, they bear the burden of establishing that jurisdiction is proper. Merida Delgado v. Gonzales, 428 F.3d 916, 919 (10th Cir. 2005). Plaintiffs fail, however, to establish the citizenship of each and every member of HCA-HealthONE, LLC. Plaintiffs state in a conclusory fashion that every member is a resident of Colorado, which the Court considers insufficient to establish diversity because Plaintiffs fail to identify those members and erroneously rely on residency, which is not the equivalent of a domicile. Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1238 (10th Cir. 2015). Furthermore, Defendants have provided this Court with an Ownership Ledger demonstrating that HCA-HealthONE, LLC is owned, in part, by three additional LLCs. Where an LLC has, as one of its members, another LLC, the citizenship of unincorporated associations must be traced through however many layers of partners or members there may be to determine the citizenship of the LLC. Lincoln Benefit Life Co. v. AEI Life, LLC, 800 F.3d 99, 105 n.16 (3d Cir. 2015) (quotations and citation omitted). As filed, Plaintiffs' Complaint is deficient in that it fails to establish the citizenship of every member of HCA-HealthONE, LLC. Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE, by July 17, 2019, as to why the Court should not on its own motion dismiss this action based on Plaintiffs failure to allege facts sufficient to show that the Court has diversity jurisdiction over this matter. IT IS FURTHER ORDERED that Defendants' time to answer or otherwise respond to the Complaint is STAYED until this issue is resolved. By Magistrate Judge S. Kato Crews on 7/3/2019. Text Only Entry (skclc1)
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| Filing 29 NOTICE of Entry of Appearance by Eric T. Lund on behalf of HCA-HealthONE, LLC, HealthONE, Inc., P/SL Presbyterian/St. Luke's Medical Center, Inc., Rocky Mountain Hospital for Children at PSLAttorney Eric T. Lund added to party HCA-HealthONE, LLC(pty:dft), Attorney Eric T. Lund added to party HealthONE, Inc.(pty:dft), Attorney Eric T. Lund added to party P/SL Presbyterian/St. Luke's Medical Center, Inc.(pty:dft), Attorney Eric T. Lund added to party Rocky Mountain Hospital for Children at PSL(pty:dft) (Lund, Eric) |
| Filing 28 NOTICE of Related Case by Plaintiffs Marisela Blanco, Marisela (I) Blanco, Steven Blanco, Sr, Steven (I) Blanco, Sr (Jorde, Brian) |
| Filing 27 NOTICE OF CASE ASSOCIATION Related Cases Under D.C.Colo.LCivR 3.2 by Chad Knox Gillam on behalf of HCA-HealthONE, LLC, P/SL Presbyterian/St. Luke's Medical Center, Inc., Rocky Mountain Hospital for Children at PSL (Gillam, Chad) |
| Filing 26 CORPORATE DISCLOSURE STATEMENT. (Gillam, Chad) |
| Filing 25 First MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants HCA-HealthONE, LLC, P/SL Presbyterian/St. Luke's Medical Center, Inc., Rocky Mountain Hospital for Children at PSL. (Gillam, Chad) |
| Filing 24 First MOTION to Dismiss Regarding Violation of Court Order by Defendants HCA-HealthONE, LLC, P/SL Presbyterian/St. Luke's Medical Center, Inc., Rocky Mountain Hospital for Children at PSL. (Attachments: #1 Exhibit First Complaint, #2 Exhibit Nebraska Complaint, #3 Exhibit Show Cause Order, #4 Exhibit Docket Report, #5 Exhibit HCA Ownership Ledger, #6 Exhibit Notice of Dismissal)(Gillam, Chad) |
| Filing 23 SUMMONSES issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Magistrate Judge Consent Form) (jgonz, ) |
| Filing 22 SUMMONS REQUEST as to HealthONE, HCA-HealthONE LLC, Presbyterian/St. Lunke's Medical Center, Presbyterian/St. Luke's Medical Center, Inc. re #1 Complaint,,,, by Plaintiff Marisela Blanco. (Attachments: #1 Summons, #2 Summons, #3 Summons)(Jorde, Brian) |
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Filing 21
MINUTE ORDER Setting Rule 16(b) Scheduling Conference. Scheduling Conference set for 8/19/2019 10:00 AM in Courtroom C204 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, on or before 8/12/2019. Consent Form due by 8/12/2019. SO ORDERED by Magistrate Judge S. Kato Crews on 6/21/19. Text Only Entry (amont, )
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| Filing 20 WAIVER OF SERVICE Returned Executed by Marisela Blanco. (Jorde, Brian) |
| Filing 19 SUMMONS Returned Executed by All Plaintiffs. (Jorde, Brian) |
| Filing 18 SUMMONS Returned Executed by All Plaintiffs. (Jorde, Brian) |
| Filing 17 SUMMONS Returned Executed by All Plaintiffs. (Jorde, Brian) |
| Filing 16 SUMMONS Returned Executed by All Plaintiffs. Thiyagarajan R. Meyappan served on 6/14/2019, answer due 7/5/2019. (Jorde, Brian) |
| Filing 15 SUMMONS Returned Executed by All Plaintiffs. Rocky Mountain Hospital for Children at PSL served on 6/14/2019, answer due 7/5/2019. (Jorde, Brian) |
| Filing 14 SUMMONS Returned Executed by All Plaintiffs. Jonathan L. Brandon served on 6/14/2019, answer due 7/5/2019. (Jorde, Brian) |
| Filing 13 SUMMONS Returned Executed by All Plaintiffs. P/SL Presbyterian/St. Luke's Medical Center, Inc. served on 6/14/2019, answer due 7/5/2019. (Jorde, Brian) |
| Filing 12 SUMMONS Returned Executed by Marisela Blanco, Marisela (I) Blanco, Steven Blanco, Sr, Steven (I) Blanco, Sr. HealthONE, Inc. served on 6/14/2019, answer due 7/5/2019. (Jorde, Brian) |
| Filing 11 SUMMONS Returned Executed by Marisela Blanco, Marisela (I) Blanco, Steven Blanco, Sr, Steven (I) Blanco, Sr. HCA-HealthONE, LLC served on 6/14/2019, answer due 7/5/2019. (Jorde, Brian) |
| Filing 10 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (jgonz, ) |
| Filing 9 SUMMONS REQUEST as to HealthONE, Inc. re #1 Complaint,,,, by Plaintiff Marisela Blanco. (Jorde, Brian) |
| Filing 8 SUMMONSES issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Magistrate Judge Consent Form) (jgonz, ) |
| Filing 7 SUMMONS REQUEST as to HealthONE, Inc., HCA-HealthONE, St. Lukes, Rocky Mountain Hospital, Jonathan Brandon, Thiyagarajan R. Meyappan, Doe Nurses, Doe Physicians, Doe Administrator re #1 Complaint,,,, by Plaintiff Marisela Blanco. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons)(Jorde, Brian) |
| Filing 6 SUMMONS REQUEST as to HCA-HealthONE, HealthONE, Inc, St. Luke's, Rocky Mountain, Thiyagarajan R. Meyappan, Jonathan Brandon, Doe Physicians, Doe Administrator, Doe Nurses re #1 Complaint,,,, by Plaintiff Marisela Blanco. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons)(Jorde, Brian) |
| Filing 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (angar, ) |
| Filing 4 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Magistrate Judge S. Kato Crews for all further proceedings. All future pleadings should be designated as 19-cv-928-SKC (angar, ) |
| Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No Summons Issued. (rvill, ) |
| Filing 2 Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (rvill, ) |
| Filing 1 COMPLAINT & Jury Demand against Jonathan L. Brandon, Doe Administrators of the Medical Entity Defendants #1-#10, Doe Corporations or Companies #1-#5, Doe Nurses #1-#10, Doe Physicians #1-#10, HCA-HealthONE, LLC, HealthONE, Inc., Thiyagarajan R. Meyappan, P/SL Presbyterian/St. Luke's Medical Center, Inc., Rocky Mountain Hospital for Children at PSL (Filing fee $ 400,Receipt Number 1082-6607311)Attorney Brian Emmanuel Jorde added to party Marisela Blanco(pty:pla), Attorney Brian Emmanuel Jorde added to party Marisela Blanco, Co-Personal Representative of the Estate of Steven Blanco, Jr.(pty:pla), Attorney Brian Emmanuel Jorde added to party Steven Blanco, Co-Personal Representative of the Estate of Steven Blanco, Jr., Sr(pty:pla), Attorney Brian Emmanuel Jorde added to party Steven Blanco, Sr.(pty:pla), filed by Marisela Blanco, Marisela Blanco, Co-Personal Representative of the Estate of Steven Blanco, Jr., Steven Blanco, Co-Personal Representative of the Estate of Steven Blanco, Jr., Sr, Steven Blanco, Sr..(Jorde, Brian) |
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