Fowler v. HCA-HealthONE, LLC et al

Plaintiff: Justin Fowler
Defendant: DOES 1-5, Jessica A Samson, Christine Uphoff, Barbara L Sadler, Kyler Coby, DOES 6-10, Kim Tonya Lyons, Sumit Patel, Kylie A Casagrand, Sarah J Close, HCA-HealthONE, LLC d/b/a Swedish Medical Center, DOES 11-15, Ian X Marshall, Cynthia Marie Ries and HCA-Healthone, LLC
Case Number: 1:2019cv01845
Filed: June 25, 2019
Court: US District Court for the District of Colorado
Presiding Judge: Christine M Arguello
Referring Judge: S Kato Crews
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28:1332
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on August 21, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 21, 2019 Opinion or Order Filing 25 ORDER Resetting Rule 16(b) Scheduling Conference. In light of the Waiver of Service docketed today, the Court finds it necessary to reset the Scheduling Conference and associated deadline. Accordingly, IT IS ORDERED that Scheduling Conference set for 11/12/2019 at 11:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews; Proposed Scheduling Order is due on 11/5/2019; and the Magistrate Judge Consent Form is due by 11/5/2019. SO ORDERED by Magistrate Judge S. Kato Crews on 8/21/2019. Text Only Entry (skclc2)
August 21, 2019 Filing 24 WAIVER OF SERVICE Returned Executed by Justin Fowler. Jessica A Samson waiver sent on 8/16/2019, answer due 10/15/2019. (Laird, Matthew)
August 21, 2019 Filing 23 WAIVER OF SERVICE Returned Executed by Justin Fowler. Kim Tonya Lyons waiver sent on 8/16/2019, answer due 10/15/2019. (Laird, Matthew)
August 21, 2019 Filing 22 WAIVER OF SERVICE Returned Executed by Justin Fowler. Kylie A Casagrand waiver sent on 8/16/2019, answer due 10/15/2019. (Laird, Matthew)
August 21, 2019 Filing 21 WAIVER OF SERVICE Returned Executed by Justin Fowler. Christine Uphoff waiver sent on 8/13/2019, answer due 10/15/2019. (Laird, Matthew)
August 21, 2019 Filing 20 WAIVER OF SERVICE Returned Executed by Justin Fowler. Barbara L Sadler waiver sent on 8/13/2019, answer due 10/15/2019. (Laird, Matthew)
August 21, 2019 Filing 19 WAIVER OF SERVICE Returned Executed by Justin Fowler. Cynthia Marie Ries waiver sent on 8/13/2019, answer due 10/15/2019. (Laird, Matthew)
August 21, 2019 Filing 18 WAIVER OF SERVICE Returned Executed by Justin Fowler. Sumit Patel waiver sent on 8/13/2019, answer due 10/15/2019. (Laird, Matthew)
August 21, 2019 Filing 17 WAIVER OF SERVICE Returned Executed by Justin Fowler. Ian X Marshall waiver sent on 8/13/2019, answer due 10/15/2019. (Laird, Matthew)
August 21, 2019 Filing 16 WAIVER OF SERVICE Returned Executed by Justin Fowler. Kyler Coby waiver sent on 8/13/2019, answer due 10/15/2019. (Laird, Matthew)
August 21, 2019 Filing 15 WAIVER OF SERVICE Returned Executed by Justin Fowler. Sarah J Close waiver sent on 8/13/2019, answer due 10/15/2019. (Laird, Matthew)
August 21, 2019 Filing 14 SUMMONS Returned Executed by Justin Fowler. HCA-Healthone, LLC served on 8/16/2019, answer due 9/6/2019. (Laird, Matthew)
August 13, 2019 Filing 13 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (evana, )
August 13, 2019 Filing 12 SUMMONS REQUEST as to HCA-HealthONE, LLC d/b/a Swedish Medical Center by Plaintiff Justin Fowler. (Laird, Matthew)
August 2, 2019 Opinion or Order Filing 11 ORDER Setting Rule 16(b) Scheduling Conference. The Scheduling Conference is set for 10/3/2019 at 10:30 AM in Courtroom C201 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 9/26/2019. The Magistrate Judge Consent Form (ECF. #3 ) is due 9/26/2019. SO ORDERED by Magistrate Judge S. Kato Crews on 8/2/2019. Text Only Entry (skclc2)
August 2, 2019 Opinion or Order Filing 10 ORDER DISCHARGING 6 ORDER TO SHOW CAUSE. Plaintiff has sufficiently alleged facts sufficient to show that the Court has diversity jurisdiction over this matter. Accordingly, the Order to Show Cause [ECF. #6] is DISCHARGED. SO ORDERED by Magistrate Judge S. Kato Crews on 8/2/2019. Text Only Entry (skclc2)
August 1, 2019 Filing 9 SUPPLEMENT/AMENDMENT to #7 Response to Order to Show Cause by Plaintiff Justin Fowler. (Attachments: #1 Exhibit)(Laird, Matthew)
July 17, 2019 Filing 8 AMENDED COMPLAINT against All Defendants, filed by Justin Fowler.(Laird, Matthew)
July 17, 2019 Filing 7 RESPONSE TO ORDER TO SHOW CAUSE re 6 by Plaintiff Justin Fowler. (Attachments: #1 Exhibit)(Laird, Matthew)
July 3, 2019 Opinion or Order Filing 6 ORDER TO SHOW CAUSE: The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h). Plaintiff's 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). Plaintiff fails, however, to establish the citizenship of each and every member of HCA-HealthONE, LLC. Plaintiff states in a conclusory fashion that HCA-HealthONE,LLC is a limited liability company operating in Colorado and that its principal office is in Nashville, Tennessee, which the Court considers insufficient to establish diversity because Plaintiffs fail to identify the 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, 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, Plaintiff's 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 (skclc2)
June 27, 2019 Opinion or Order Filing 5 ORDER REFERRING CASE to Magistrate Judge S. Kato Crews: Magistrate Judge Crews is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than (90 days) in order for the initial scheduling conference to be held promptly. The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly. FURTHER, Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge Christine M. Arguello on 6/27/19. Text Only Entry (cmalc1)
June 26, 2019 Filing 4 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge Christine M. Arguello. All future pleadings should be designated as 19-cv-01845-CMA. (athom, )
June 26, 2019 Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No Summons Issued. (rvill, )
June 25, 2019 Filing 2 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (rvill, )
June 25, 2019 Filing 1 COMPLAINT , JURY DEMAND, and CERTIFICATE OF REVIEW against Kylie A Casagrand, Sarah J Close, Kyler Coby, DOES 1-5, DOES 11-15, DOES 6-10, HCA-HealthONE, LLC d/b/a Swedish Medical Center, Kim Tonya Lyons, Ian X Marshall, Sumit Patel, Cynthia Marie Ries, Barbara L Sadler, Jessica A Samson, Christine Uphoff (Filing fee $ 400,Receipt Number 1082-6761261)Attorney Matthew R. Laird added to party Justin Fowler(pty:pla), filed by Justin Fowler. (Attachments: #1 Civil Cover Sheet)(Laird, Matthew)

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Search for this case: Fowler v. HCA-HealthONE, LLC et al
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Defendant: DOES 1-5
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Defendant: Jessica A Samson
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Defendant: Christine Uphoff
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Defendant: Barbara L Sadler
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Defendant: Kyler Coby
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Defendant: DOES 6-10
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Defendant: Kim Tonya Lyons
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Defendant: Sumit Patel
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Defendant: Kylie A Casagrand
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Defendant: Sarah J Close
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Defendant: HCA-HealthONE, LLC d/b/a Swedish Medical Center
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Defendant: DOES 11-15
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Defendant: Ian X Marshall
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Defendant: Cynthia Marie Ries
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Defendant: HCA-Healthone, LLC
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Plaintiff: Justin Fowler
Represented By: Matthew R. Laird
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