Pacheco v. Constitution Nursing and Rehabilitation Center LLC et al
Plaintiff: Lucy Pacheco and Lucy (I) Pacheco
Defendant: Draw Investors, LLP, Constitution Nursing and Rehabilitation Center LLC doing business as Belmont Lodge Healthcare Center, Paula Padilla, LME Family Holdings LLC and David M Fistel CO LLC
Case Number: 1:2021cv00875
Filed: March 25, 2021
Court: US District Court for the District of Colorado
Presiding Judge: Daniel D Domenico
Referring Judge: Kathleen M Tafoya
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 11, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 11, 2021 Filing 24 First MOTION to Amend/Correct/Modify #3 Complaint by Plaintiffs Lucy Pacheco, Lucy (I) Pacheco. (Attachments: #1 Exhibit Proposed Amended Complaint, #2 Exhibit Proposed Amended Complaint with Annotations)(Francis, Robert)
May 11, 2021 Filing 23 RESPONSE TO ORDER TO SHOW CAUSE re #12 by Plaintiffs Lucy Pacheco, Lucy (I) Pacheco. (Francis, Robert)
May 5, 2021 Filing 22 REPLY to Response to #13 MOTION to Compel Arbitration filed by Defendants Constitution Nursing and Rehabilitation Center LLC, David M Fistel CO LLC, Draw Investors, LLP, LME Family Holdings LLC, Paula Padilla. (Belsheim, David)
April 22, 2021 Filing 21 RESPONSE to #14 MOTION to Dismiss Plaintiff's CCPA Claim filed by Plaintiffs Lucy Pacheco, Lucy (I) Pacheco. (Francis, Robert)
April 22, 2021 Filing 20 RESPONSE to #13 MOTION to Compel Arbitration filed by Plaintiffs Lucy Pacheco, Lucy (I) Pacheco. (Moss, Brent)
April 22, 2021 Filing 19 NOTICE of Entry of Appearance by Robert William Francis on behalf of Lucy Pacheco, Lucy (I) PachecoAttorney Robert William Francis added to party Lucy Pacheco(pty:pla), Attorney Robert William Francis added to party Lucy (I) Pacheco(pty:pla) (Francis, Robert)
April 22, 2021 Filing 18 NOTICE of Entry of Appearance by Brent Lee Moss on behalf of Lucy Pacheco, Lucy (I) PachecoAttorney Brent Lee Moss added to party Lucy Pacheco(pty:pla), Attorney Brent Lee Moss added to party Lucy (I) Pacheco(pty:pla) (Moss, Brent)
April 21, 2021 Opinion or Order Filing 17 MINUTE ORDER. Plaintiff may file a response to Defendants' response #16 to the Court's Order to Show Cause #12 no later than May 11, 2021. SO ORDERED by Judge Daniel D. Domenico on 4/21/2021. Text Only Entry (dddlc2, )
April 20, 2021 Filing 16 RESPONSE TO ORDER TO SHOW CAUSE re #12 by Defendants Constitution Nursing and Rehabilitation Center LLC, David M Fistel CO LLC, Draw Investors, LLP, LME Family Holdings LLC, Paula Padilla. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Belsheim, David)
April 1, 2021 Filing 15 ANSWER to #3 Complaint and Jury Demand by Constitution Nursing and Rehabilitation Center LLC, David M Fistel CO LLC, Draw Investors, LLP, LME Family Holdings LLC, Paula Padilla.(Belsheim, David)
April 1, 2021 Filing 14 MOTION to Dismiss Plaintiff's CCPA Claim by Defendants Constitution Nursing and Rehabilitation Center LLC, David M Fistel CO LLC, Draw Investors, LLP, LME Family Holdings LLC, Paula Padilla. (Attachments: #1 Exhibit A)(Belsheim, David)
April 1, 2021 Filing 13 MOTION to Compel Arbitration by Defendants Constitution Nursing and Rehabilitation Center LLC, David M Fistel CO LLC, Draw Investors, LLP, LME Family Holdings LLC, Paula Padilla. (Attachments: #1 Exhibit A)(Belsheim, David)
March 30, 2021 Opinion or Order Filing 12 ORDER TO SHOW CAUSE. On or before 4/20/2021, Defendants shall show cause why this case should not be dismissed due to the Court's lack of subject-matter jurisdiction. On or before 4/20/2021, Plaintiff must show cause why the non-diverse Defendants should not be dismissed as fraudulently joined. By Judge Daniel D. Domenico on 03/30/2021. (athom, )
March 26, 2021 Filing 11 NOTICE re #1 Notice of Removal,,,, Federal Civil Cover Sheet by Defendants Constitution Nursing and Rehabilitation Center LLC, David M Fistel CO LLC, Draw Investors, LLP, LME Family Holdings LLC, Paula Padilla (Belsheim, David)
March 26, 2021 Filing 10 NOTICE of Entry of Appearance by David Allen Belsheim on behalf of Constitution Nursing and Rehabilitation Center LLC, David M Fistel CO LLC, Draw Investors, LLP, LME Family Holdings LLC, Paula PadillaAttorney David Allen Belsheim added to party Constitution Nursing and Rehabilitation Center LLC(pty:dft), Attorney David Allen Belsheim added to party LME Family Holdings LLC(pty:dft) (Belsheim, David)
March 26, 2021 Filing 9 NOTICE re #1 Notice of Removal,,,, Amended Exhibit S to Notice of Removal by Defendants Constitution Nursing and Rehabilitation Center LLC, David M Fistel CO LLC, Draw Investors, LLP, LME Family Holdings LLC, Paula Padilla (Attachments: #1 Exhibit Exhibit S-Affidavit of Paula Padilla)(Belsheim, David)
March 26, 2021 Filing 8 NOTICE of Entry of Appearance by Craig A. Sargent on behalf of Constitution Nursing and Rehabilitation Center LLC, David M Fistel CO LLC, Draw Investors, LLP, LME Family Holdings LLC, Paula PadillaAttorney Craig A. Sargent added to party Constitution Nursing and Rehabilitation Center LLC(pty:dft), Attorney Craig A. Sargent added to party David M Fistel CO LLC(pty:dft), Attorney Craig A. Sargent added to party Draw Investors, LLP(pty:dft), Attorney Craig A. Sargent added to party LME Family Holdings LLC(pty:dft), Attorney Craig A. Sargent added to party Paula Padilla(pty:dft) (Sargent, Craig)
March 26, 2021 Opinion or Order Filing 7 ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 3/26/2021. Text Only Entry (dddlc2, )
March 25, 2021 Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jtorr, )
March 25, 2021 Filing 5 Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (jtorr, )
March 25, 2021 Filing 4 AFFIDAVIT of Service of District Court Civil Summons, Complaint and Jury Demand, Certificate of Review, Exhibit, and District Court Civil Case Cover Sheet upon Constitution Nursing and Rehabilitation Center LLC, David M Fistel CO LLC, Draw Investors, LLP, LME Family Holdings LLC, and Paula Padilla on 02/22/2021 and 02/23/2021. (Attachments: #1 Affidavit of Service, #2 Affidavit of Service, #3 Affidavit of Service, #4 Affidavit of Service)(jtorr, )
March 25, 2021 Filing 3 COMPLAINT and Jury Demand against Constitution Nursing and Rehabilitation Center LLC, David M Fistel CO LLC, Draw Investors, LLP, LME Family Holdings LLC, Paula Padilla, filed by Lucy Pacheco, Lucy (I) Pacheco.(jtorr, )
March 25, 2021 Filing 2 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) (jtorr, )
March 25, 2021 Filing 1 NOTICE OF REMOVAL by Paula PADILLA, DAVID M FISTEL CO LLC, DRAW INVESTORS, LLP from DISTRICT COURT, PUEBLO COUNTY, COLORADO, Case Number 2021CV30067. (Filing fee $ 402, Receipt Number 1082-7784087), filed by Paula PADILLA, DAVID M FISTEL CO LLC, DRAW INVESTORS, LLP. (Attachments: #1 Complaint, #2 Certificate of Review, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Return of Service, #9 Return of Service, #10 Return of Service, #11 Return of Service, #12 Return of Service, #13 Affidavit of Service, #14 Affidavit of Service, #15 Affidavit of Service, #16 Affidavit of Service, #17 Affidavit of Service, #18 Exhibit A, #19 Exhibit B, #20 Exhibit C, #21 Exhibit D, #22 Exhibit E, #23 Exhibit F, #24 Exhibit G, #25 Exhibit H, #26 Exhibit I, #27 Exhibit J, #28 Exhibit K, #29 Exhibit L, #30 Exhibit M, #31 Exhibit N, #32 Exhibit O, #33 Exhibit P, #34 Exhibit Q, #35 Exhibit R, #36 Exhibit S, #37 Exhibit T, #38 Exhibit U)(Belsheim, David)

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Defendant: Draw Investors, LLP
Represented By: Craig A. Sargent
Represented By: David Allen Belsheim
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Defendant: Constitution Nursing and Rehabilitation Center LLC doing business as Belmont Lodge Healthcare Center
Represented By: Craig A. Sargent
Represented By: David Allen Belsheim
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Defendant: Paula Padilla
Represented By: Craig A. Sargent
Represented By: David Allen Belsheim
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Defendant: LME Family Holdings LLC
Represented By: Craig A. Sargent
Represented By: David Allen Belsheim
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Defendant: David M Fistel CO LLC
Represented By: Craig A. Sargent
Represented By: David Allen Belsheim
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Plaintiff: Lucy Pacheco
Represented By: Robert William Francis
Represented By: Brent Lee Moss
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Plaintiff: Lucy (I) Pacheco
Represented By: Robert William Francis
Represented By: Brent Lee Moss
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