McDaniel v. USA
| Tonya McDaniel |
| Russell Poole, Colorado Coalition for the Homeless, Carol Rykiel and USA |
| 1:2020cv02101 |
| July 17, 2020 |
| US District Court for the District of Colorado |
| R Brooke Jackson |
| N Reid Neureiter |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 21 MOTION to Dismiss for Lack of Jurisdiction by Defendant USA. (Attachments: #1 Exhibit Exhibit 1 - Torres Declaration)(Bobet, Jane) |
Filing 20
MINUTE ORDER re: #18 Letter and #19 Letter filed by USA. Having reviewed the parties' letters, the defendant may file its motion. At this point the Court is still unclear as to what specific administrative remedies were available to the plaintiff and which of those remedies she did or did not pursue before filing a lawsuit. However, as I warned the plaintiff previously, see ECF No. 17, it will be very difficult for the plaintiff to successfully prosecute a dental malpractice lawsuit. In addition to the normal difficulties pro se litigants face in trying to represent themselves in court, a malpractice case requires an expert qualified in the same specialty area as the accused professionals (dentistry) who is willing to testify that the accused dentists were negligent and caused injury. It will be difficult for the plaintiff to find and afford the charges of such an expert. That is why I suggested a more practical way to proceed. If no cost or low cost remedial care has been offered to the plaintiff, but she has insisted instead on being paid money, as the defendant's letter, ECF No. 19 states, then I think she might be making a big mistake. That's all the advice that I, as the judge in the case, can provide. I cannot serve as a lawyer for plaintiff. By Judge R. Brooke Jackson on 8/24/2020. Text Only Entry (rbjsec.)
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| Filing 19 LETTER re: 17 Minute Order,,, by Defendant USA. (Bobet, Jane) |
| Filing 18 Pre Motion Letter from Tonya McDaniel (Attachments: #1 Letter) (apesa, ) |
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Filing 17
MINUTE ORDER: The Court has reviewed the letters. The defendant might be technically right that plaintiff has not properly exhausted her administrative remedies, and it may file its motion. Even if I were to agree with the defendant, and the plaintiff exhausts and then files a new suit, she will face the daunting task of obtaining an expert to testify as to the alleged malpractice. Meanwhile, she is apparently in pain. Neither party needs a lawsuit. I don't know whether a drill bit was left in the plaintiff's mouth, but if it was, sooner or later the defendants have some exposure. What about fixing her dental problems without charge and mooting the case, folks? By Judge R. Brooke Jackson on 8/8/2020. Text Only Entry (rbjsec.)
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| Filing 16 PRE MOTION LETTER from Tonya McDaniel (apesa, ) |
| Filing 15 LETTER regarding Defendant's anticipated Motion to Dismiss the Complaint by Defendant USA. (Bobet, Jane) |
| Filing 14 CASE REASSIGNED pursuant to #13 . All parties do not consent. This case is randomly reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 20-cv-02101-RBJ. (Text Only Entry) (cmadr, ) |
| Filing 13 CONSENT to Jurisdiction of Magistrate Judge by Defendant USA All parties do not consent.. (Bobet, Jane) |
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Filing 12
Minute ORDER by Magistrate Judge N. Reid Neureiter on 24 July 2020. It is hereby ORDERED that the United States of America's Motion to Substitute the United States as Defendant #2 is GRANTED. The United States of America is substituted as the sole Defendant in this case in place of Defendants Colorado Coalition for the Homeless "Champa Dental Clinic," Rykiel, and Poole. It is further ORDERED that the Unopposed Motion to Extend Time to Respond to Complaint #11 is GRANTED. The United States shall answer or otherwise respond to Plaintiff's Complaint #3 on or before July 31, 2020. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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| Filing 11 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #3 Complaint by Defendants Colorado Coalition for the Homeless, Russell Poole, Carol Rykiel. (Bobet, Jane) |
| Filing 10 AFFIDAVIT by Defendants Colorado Coalition for the Homeless, Russell Poole, Carol Rykiel. (Bobet, Jane) |
| Filing 9 NOTICE by Defendants Colorado Coalition for the Homeless, Russell Poole, Carol Rykiel (Bobet, Jane) |
| Filing 8 CERTIFICATE of Service by mail by Clerk of Court re 8 to Tonya McDaniel 14270 East 104th Avenue Unit 1-212 Mailbox #72 Commerce City, CO 80022. Text Only Entry (cmadr, ) |
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Filing 7
ORDER SETTING STATUS CONFERENCE FOR PRO SE PLAINTIFF by Magistrate Judge N. Reid Neureiter on 21 July 2020. Consent Form due by 9/9/2020. Status Conference set for 9/23/2020 02:00 PM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The Status Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. IT IS FURTHER ORDERED that the Clerk of the Court shall mail a copy of thisOrder to Plaintiff. (cmadr, )
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| Filing 6 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jtorr, ) |
| Filing 5 Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry. (jtorr, ) |
| Filing 4 AFFIDAVIT of Service of Complaint, Pre Trial Order upon Aaron Crowder on 4/27/2020. (jtorr, ) |
| Filing 3 COMPLAINT against Colorado Coalition for the Homeless, Russell Poole, Carol Rykiel, filed by Tonya McDaniel.(jtorr, ) |
| Filing 2 MOTION to Substitute Party by Defendants Colorado Coalition for the Homeless Champa Dental Clinic, Russell Poole, Carol Rykiel. (Bobet, Jane) |
| Filing 1 NOTICE OF REMOVAL by Russell Poole, Carol Rykiel, Colorado Coalition for the Homeless Champa Dental Clinic from Denver County - District, Case Number 2020CV000193., filed by Russell Poole, Carol Rykiel, Colorado Coalition for the Homeless Champa Dental Clinic. (Attachments: #1 State Court Complaint, #2 Notice of Deeming, #3 US Attorney Certification, #4 Affidavit, #5 Civil Cover Sheet, #6 Supplemental Civil Cover Sheet)(Bobet, Jane) |
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