Doring v. Hartshorn et al
| Mary Doring |
| Duane Hartshorn and Apyx Medical Corporation |
| 1:2020cv03396 |
| November 16, 2020 |
| US District Court for the District of Colorado |
| Lewis T Babcock |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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| Filing 30 CERTIFICATE of Service by E-Mail by Clerk of Court re #29 Order Dismissing Case, to MesaCourtDocuments@Judicial.State.CO.US. (angar, ) |
Filing 29
ORDER. Upon Defendant Apyx Medical Corporations Notice of Voluntary Withdrawal of Notice of Removal (Doc 26 - filed December 7, 2020), it is ORDERED that the Motion is GRANTED and this case is REMANDED to Mesa County District Court, State of Colorado, by Judge Lewis T. Babcock on 12/9/2020. (angar, )
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| Filing 28 CASE REASSIGNED pursuant to 27 Minute Order. This case is randomly reassigned to Judge Lewis T. Babcock. All future pleadings should be designated as 20-cv-03396-LTB. (Text Only Entry) (jgonz, ) |
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Filing 27
MINUTE ORDER This matter is before the Court on #26 Defendant Apyx Medical Corporation's Notice of Voluntary Withdrawal of Notice of Removal, which requests that the Court "remand the case back to the District Court of Mesa County, Colorado." Because the parties have not consented to this Court's jurisdiction [#23], any order remanding this case should be issued by a District Judge. Accordingly, the Clerk of Court is directed to reassign this case to a District Judge. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/08/2020. Text Only Entry (stvlc1, )
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| Filing 26 NOTICE of Voluntary Withdrawal of Notice of Removal by Defendant Apyx Medical Corporation (Greely, Ryan) |
| Filing 25 NOTICE of Entry of Appearance of Beth N. Nesis by Beth N. Nesis on behalf of Duane HartshornAttorney Beth N. Nesis added to party Duane Hartshorn(pty:dft) (Nesis, Beth) |
| Filing 24 NOTICE of Entry of Appearance of Amy Cook Olson by Amy E. Cook-Olson on behalf of Duane HartshornAttorney Amy E. Cook-Olson added to party Duane Hartshorn(pty:dft) (Cook-Olson, Amy) |
| Filing 23 CONSENT to Jurisdiction of Magistrate Judge by Defendant Apyx Medical Corporation All parties do not consent.. (Greely, Ryan) |
| Filing 22 DEMAND for Trial by Jury by Defendant Apyx Medical Corporation. (Greely, Ryan) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT. (Greely, Ryan) |
| Filing 20 NOTICE of Entry of Appearance by Sam D. Starritt on behalf of Mary DoringAttorney Sam D. Starritt added to party Mary Doring(pty:pla) (Starritt, Sam) |
| Filing 19 NOTICE of Entry of Appearance by Karen Mor Hen on behalf of Mary DoringAttorney Karen Mor Hen added to party Mary Doring(pty:pla) (Hen, Karen) |
| Filing 18 NOTICE of Entry of Appearance by Lorraine Elizabeth Parker on behalf of Mary DoringAttorney Lorraine Elizabeth Parker added to party Mary Doring(pty:pla) (Parker, Lorraine) |
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Filing 17
ORDER TO SHOW CAUSE: returnable by Defendants why the case should not be remanded due to the Courts lack of subject matter jurisdiction. Show Cause Response due by 12/10/2020, by Magistrate Judge Scott T. Varholak on 11/17/2020. (jgonz, )
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| Filing 16 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jsalz, ) |
| Filing 5 Filing fee: $ 400.00, receipt number COX097143. (alave, ) |
| Filing 4 Administrative Notice: No filing fee received with case opening. Attorney contacted with instructions to submit filing fee within 3 hours. (Text Only Entry) (cpomm, ) |
| Filing 15 STATE COURT ORDER GRANTING Unopposed Motion to Amend Case Management Order to Extend Deadlines. By Gretchen Buck Larson, District Court Judge, Mesa County on 10/7/2020. (jsalz, ) |
| Filing 14 STATE COURT ORDER GRANTING Plaintiff's Unopposed Motion to Amend Case Management Order to Extend Deadlines for Disclosure of Expert Reports and Discovery Cut-Off. By Gretchen Buck Larson, District Court Judge, Mesa County on 8/12/2020. (jsalz, ) |
| Filing 13 Defendant Apyx Medical Corporation's ANSWER, Affirmative Defenses and Jury Demand to Plaintiff's #8 Complaint by Apyx Medical Corporation.(jsalz, ) |
| Filing 12 Defendant Duane Hartshorn, M.D.'s ANSWER to the #8 Complaint, Affirmative Defenses and Jury Demand by Duane Hartshorn.(jsalz, ) |
| Filing 11 AFFIDAVIT/RETURN of Service of Summons and Complaint upon Apyx Medical Corporation f/k/a Bovie Medical Corporation on 15 December 2019. (jsalz, ) |
| Filing 10 AFFIDAVIT/RETURN of Service of Summons upon Apyx Medical Corporation on 17 December 2019. (jsalz, ) |
| Filing 9 AFFIDAVIT/RETURN of Service of Summons and Complaint upon Duane Hartshorn, MD on 11 December, 2019. (jsalz, ) |
| Filing 8 COMPLAINT against Apyx Medical Corporation, Duane Hartshorn, filed by Mary Doring.(jsalz, ) |
| Filing 7 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (jsalz, ) |
| Filing 6 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 withdrawals 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) (jsalz, ) |
| Filing 3 NOTICE of Filing State Court Documents by Defendant Apyx Medical Corporation (Attachments: #1 Affidavit of Service, #2 Order re Motion for Admission Pro Hac Vice, #3 Proposed Case Management Order, #4 Order granting Proposed Case Management Order, #5 Mediation Order, #6 Notice of Trial, #7 Notice of Trial-corrected, #8 Defendant Hartshorn's Motion for Ex Parte Meetings with Providers, #9 Unopposed Motion for Protective Order, #10 Order re Protective Order, #11 Plaintiff's Motion for Extension of Time, #12 Order, #13 Plaintiff's Response to Hartshorn's Motion for Ex Parte Meetings with Providers, #14 Defendant Hartshorn's Reply re Motion to Meet Ex Parte with Providers, #15 Plaintiff's Motion for Leave to File Sur-Reply, #16 Order re Sur-Reply, #17 Plaintiff's Sur-Reply, #18 Order re Ex Parte Meeting with Providers, #19 Plaintiff's Unoppose Motion to Amend Case Management Order, #20 Order, #21 Unopposed Motion to Amend Case Management Order, #22 Order, #23 Certificate of Complaint re Mediation)(Greely, Ryan) |
| Filing 2 NOTICE of Filing of State Court Documents, Part 1 by Defendant Apyx Medical Corporation (Attachments: #1 Docket Sheet, #2 Complaint, #3 Civil Cover Sheet, #4 Summons-Apyx, #5 Summons-Apyx-Bovie, #6 Summons-Hartshorn, #7 Affidavit of Service-Hartshorn, #8 Affidavit of Service-Apyx, #9 Entry of Appearance, #10 Motion for Extension of Time, #11 Order, #12 Affidavit of Service-Bovie, #13 Motion for Extension of Time, #14 Order, #15 Defendant Hartshorn's Answer and Jury Demand, #16 Notice of Appearance, #17 Apyx Medical Corporation's Answer and Jury Demand, #18 Motion for Admission Pro Hac Vice, #19 Notice to Third-Party Payor, #20 Notice to Third-Party Payor, #21 Affidavit of Service, #22 Affidavit of Service)(Greely, Ryan) |
| Filing 1 NOTICE OF REMOVAL by Apyx Medical Corporation from Mesa County District Court, Case Number 2019CV030508. (Filing fee $ 400)., filed by Apyx Medical Corporation. (Attachments: #1 Exhibit A-Complaint, Summons, Docket, #2 Exhibit B-Deposition doring excerpt, #3 Civil Cover Sheet)(Greely, Ryan) |
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