Kelley et al v. SSC Fort Collins Spring Creek Operating Company, LLC
| CHRISTINE KELLEY and LORRAINE MONTANO |
| SSC FORT COLLINS SPRING CREEK OPERATING COMPANY, LLC and SSC Fort Collins Spring Creek Operating Company, LLC a Delaware corporation doing business as Spring Creek Health Care Center doing business as Garden Square at Spring Creek |
| 1:2020cv01068 |
| April 15, 2020 |
| US District Court for the District of Colorado |
| Michael E Hegarty |
| William J Martinez |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 23
ORDER: This matter is before the Court on the Parties' Stipulation to Submit to Arbitration and to Stay this Action #22 . The Parties' Stipulation is GRANTED for good cause shown. All proceedings in this matter are hereby STAYED. Pursuant to D.C.COLO.LCivR 41.2, the Clerk shall ADMINISTRATIVELY CLOSE this case, subject to a motion by any party to reopen this case for good cause. SO ORDERED by Judge William J. Martinez on 5/14/2020. Text Only Entry (wjmsec, )
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| Filing 22 CONSENT to Arbitration by SSC Fort Collins Spring Creek Operating Company, LLC (Attachments: #1 Exhibit A - Dispute Resolution Agreement)(Shimonsky, Karen) |
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Filing 21
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 4/28/2020. Scheduling Conference set for 6/9/2020 10:45 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (tsher, )
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Filing 20
MINUTE ORDER granting #14 Motion for Extension of Time to Answer or Otherwise Respond by Magistrate Judge Michael E. Hegarty on 4/28/2020. SSC Fort Collins Spring Creek Operating Company, LLC answer due 5/13/2020.(tsher, )
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| Filing 19 MEMORANDUM regarding #14 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #6 Complaint filed by SSC Fort Collins Spring Creek Operating Company, LLC. Motions referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 4/27/2020. Text Only Entry (wjmsec, ) |
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Filing 18
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2019 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 4/ 27/2020. Text Only Entry (wjmsec, )
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Filing 17
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Magistrate Judge Hegarty, or such other Magistrate Judge who may in the future be reassigned this case, 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). 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 William J. Martinez on 4/27/2020. Text Only Entry (wjmsec, )
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Filing 16
ORDER: This matter is before the Court on Spring Creek's Response to Order to Show Cause #15 : Based on its review of Defendant's Response, the Court is satisfied it has diversity jurisdiction over this action pursuant to 28 U.S.C. 1332. As a consequence, the Order to Show Cause is DISCHARGED. SO ORDERED by Judge William J. Martinez on 4/27/2020. Text Only Entry (wjmsec, )
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| Filing 15 RESPONSE to 9 Order,,,,,, to Show Cause by Defendant SSC Fort Collins Spring Creek Operating Company, LLC. (Attachments: #1 Affidavit Exhibit A - Sims Affidavit)(Shimonsky, Karen) |
| Filing 14 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #6 Complaint by Defendant SSC Fort Collins Spring Creek Operating Company, LLC. (Shimonsky, Karen) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Colorado Holdco LLC for SSC Fort Collins Spring Creek Operating Company, LLC. (Shimonsky, Karen) |
| Filing 12 NOTICE of Entry of Appearance by Matthew John Broderick on behalf of SSC Fort Collins Spring Creek Operating Company, LLCAttorney Matthew John Broderick added to party SSC Fort Collins Spring Creek Operating Company, LLC(pty:dft) (Broderick, Matthew) |
| Filing 11 NOTICE of Entry of Appearance by Thomas Baker Quinn on behalf of SSC Fort Collins Spring Creek Operating Company, LLCAttorney Thomas Baker Quinn added to party SSC Fort Collins Spring Creek Operating Company, LLC(pty:dft) (Quinn, Thomas) |
| Filing 10 NOTICE of Entry of Appearance by Dan Weiss on behalf of Christine Kelley, Lorraine Montano Attorney Dan Weiss added to party Christine Kelley(pty:pla), Attorney Dan Weiss added to party Lorraine Montano (pty:pla) (Weiss, Dan) |
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Filing 9
ORDER TO SHOW CAUSE returnable April 27, 2020. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h). Defendant's Notice of Removal alleges that the Court has jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties in which Defendant SSC Fort Collins Spring Creek Operating Company, LLC is identified as a limited liability company. Defendant fails, however, to establish the citizenship of each and every member of SSC Fort Collins Spring Creek Operating Company, LLC. 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 Defendant is invoking jurisdiction of the federal court, it bears the burden of establishing that jurisdiction is proper. Merida Delgado v. Gonzales, 428 F.3d 916, 919 (10th Cir. 2005). As filed, Defendant's Notice of Removal is deficient in that it fails to establish the citizenship of every member of SSC Fort Collins Spring Creek Operating Company, LLC. Accordingly, Defendant is ORDERED TO SHOW CAUSE, by April 27, 2020, as to why the Court should not on its own motion remand this action to state court based on Defendant's failure to allege facts sufficient to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 4/20/2020. Text Only Entry (wjmsec, )
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| Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (trvo, ) |
| Filing 7 AFFIDAVIT of Service of Complaint and Summons upon SSC Fort Collins Spring Creek Operating Company LLC on 03/25/2020. (trvo, ) |
| Filing 6 COMPLAINT and Jury Demand with Certificate of Review against SSC Fort Collins Spring Creek Operating Company, LLC, filed by Christine Kelley, Lorraine Montano.(trvo, ) |
| Filing 5 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (trvo, ) |
| Filing 4 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawls of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (trvo, ) |
| Filing 3 Filing fee: $400, receipt number COX094802. (trvo, ) |
| Filing 2 NOTICE OF REMOVAL by SSC FORT COLLINS SPRING CREEK OPERATING COMPANY, LLC from Larimer County District Court, Case Number 2020cv30228., filed by SSC FORT COLLINS SPRING CREEK OPERATING COMPANY, LLC. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - Affidavit of Service, #3 Exhibit C - Summons, #4 Exhibit D - Notice Judicial Civil Case Management, #5 Exhibit E - Sims Affidavit, #6 Exhibit F - State Court Civil Cover Sheet, #7 Exhibit G - State Court Notice, #8 Civil Cover Sheet, #9 Supplemental Civil Cover Sheet, #10 Docket Sheet)(Shimonsky, Karen) |
| Filing 1 Administrative Notice: No initiating document. Attorney contacted with instructions to file the initiating document within 24 hours. (Text Only Entry) (alave, ) |
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| Plaintiff: CHRISTINE KELLEY | |
| Represented By: | Dan Weiss |
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| Plaintiff: LORRAINE MONTANO | |
| Represented By: | Dan Weiss |
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| Defendant: SSC FORT COLLINS SPRING CREEK OPERATING COMPANY, LLC | |
| Represented By: | Karen M. Shimonsky |
| Represented By: | Matthew John Broderick |
| Represented By: | Thomas Baker Quinn |
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| Defendant: SSC Fort Collins Spring Creek Operating Company, LLC a Delaware corporation doing business as Spring Creek Health Care Center doing business as Garden Square at Spring Creek | |
| Represented By: | Karen M. Shimonsky |
| Represented By: | Matthew John Broderick |
| Represented By: | Thomas Baker Quinn |
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