Davis v. Manor Care of Denver CO, LLC
Plaintiff: Frank Estate of Davis, Freda, in her capacity as personal representative Davis and Freda Davis
Defendant: MANOR CARE OF DENVER CO, LLC d/b/a MANORCARE HEALTH SERVICES DENVER, John/Jane Doe and Manor Care of Denver CO, LLC and John/Jane Doe (whose true name is unknown) doing business as ManorCare health Services-Denver / HCR ManorCare
Case Number: 1:2021cv01745
Filed: June 25, 2021
Court: US District Court for the District of Colorado
Presiding Judge: Scott T Varholak
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 July 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 28, 2021 Filing 23 AMENDED COMPLAINT Freda Davis, in her capacity as personal representative of the ESTATE of Frank Davis against Manor Care of Denver CO, LLC, filed by Freda Davis.(O'Sullivan, Hugh)
July 28, 2021 Filing 22 NOTICE of Entry of Appearance Kelly P. Yousem by Hugh Scott O'Sullivan on behalf of Freda Davis (O'Sullivan, Hugh)
July 13, 2021 Opinion or Order Filing 21 ORDER granting #20 Motion for Extension of Time. The deadline to designate nonparties at fault is extended to 10/10/2021. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/13/2021. Text Only Entry(stvlc2, )
July 12, 2021 Filing 20 Unopposed MOTION for Extension of Time to Designate NonParties at Fault by Defendant Manor Care of Denver CO, LLC. (Belsheim, David)
July 9, 2021 Opinion or Order Filing 19 ORDER denying #17 Motion to Dismiss. Voluntary dismissal of a single claim against a particular defendant is not generally allowed, rather, the proper procedure is for a plaintiff to amend the complaint pursuant to Federal Rule of Civil Procedure 15. Bustos v. Tower Ins. Co., No. 17cv01762PABNYW, 2018 WL 2008840, at *1 (D. Colo. April 30, 2018). Accordingly, Plaintiff is granted leave to file an Amended Complaint that omits the third claim for relief. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/9/2021. Text Only Entry(stvlc2, )
July 8, 2021 Filing 18 ANSWER to #4 Complaint Jury Demand and Defenses by Manor Care of Denver CO, LLC.(Belsheim, David)
July 8, 2021 Filing 17 Stipulated MOTION to Dismiss Plaintiff's Third Claim for Relief by Defendant Manor Care of Denver CO, LLC. (Belsheim, David)
June 30, 2021 Filing 16 NOTICE of Entry of Appearance by Hugh Scott O'Sullivan on behalf of Freda DavisAttorney Hugh Scott O'Sullivan added to party Freda Davis(pty:pla) (O'Sullivan, Hugh)
June 29, 2021 Opinion or Order Filing 15 ORDER Setting Scheduling Conference for 9/23/2021 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Consent Form due by 9/9/2021. Proposed Scheduling Order due9/16/2021, by Magistrate Judge Scott T. Varholak on 6/29/2021. (jgonz, )
June 28, 2021 Filing 14 NOTICE of Entry of Appearance by David Allen Belsheim on behalf of Manor Care of Denver CO, LLCAttorney David Allen Belsheim added to party Manor Care of Denver CO, LLC(pty:dft) (Belsheim, David)
June 28, 2021 Filing 13 NOTICE of Entry of Appearance by David Ben Gelman on behalf of Manor Care of Denver CO, LLC (Gelman, David)
June 28, 2021 Filing 12 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jtorr, )
June 28, 2021 Filing 11 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (jtorr, )
June 28, 2021 Filing 10 STATE COURT ORDER Granting Notice of Voluntary Dismissal of Defendants ManorCare Health Services, LLC; HCR ManorCare Medical Services of Florida, LLC; and Well PM Properties, LLC by Denver County District Court Judge Andrew Patrick McCallin on 06/23/2021. (jtorr, )
June 28, 2021 Filing 9 STATE COURT ORDER Granting Defendant Manor Care of Denver CO, LLCs Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint by Denver County District Court Judge Andrew Patrick McCallin on 06/18/2021. (jtorr, )
June 28, 2021 Filing 8 RETURN of Service of Summons, Complaint, and Civil Case Cover Sheet upon Well PM Properties LLC on 05/27/2021. (jtorr, )
June 28, 2021 Filing 7 RETURN of Service of Summons, Complaint, and Civil Case Cover Sheet upon HCR Manorcare Medical Services of Florida LLC on 05/27/2021. (jtorr, )
June 28, 2021 Filing 6 RETURN of Service of Summons, Complaint, and Civil Case Cover Sheet upon Manorcare Health Services LLC on 05/27/2021. (jtorr, )
June 28, 2021 Filing 5 RETURN of Service of Summons, Complaint, and Civil Case Cover Sheet upon Manor Care of Denver CO LLC on 05/27/2021. (jtorr, )
June 28, 2021 Filing 4 COMPLAINT and Jury Demand against Manor Care of Denver CO, LLC, filed by Freda Davis.(jtorr, )
June 28, 2021 Filing 3 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #1 Notice of Removal, filed by attorney David Gelman.The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (jtorr, )
June 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, )
June 25, 2021 Filing 1 NOTICE OF REMOVAL by MANOR CARE OF DENVER CO, LLC d/b/a MANORCARE HEALTH SERVICES DENVER from District Court Denver County, Case Number 2021CV31170. (Filing fee $ 402, Receipt Number 1082-7932727), filed by MANOR CARE OF DENVER CO, LLC d/b/a MANORCARE HEALTH SERVICES DENVER. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-Complaint, #3 Exhibit B-Return of Service-Manor Care of Denver, #4 Exhibit C-Return of Service-Manorcare Health Services, #5 Exhibit Exhibit D-Return of Service-HCR Manorcare Medical Services, #6 Exhibit E-Return of Service-Well PM Properties LLC, #7 Exhibit F-Notice of Voluntary Dismissal of Defs, #8 Exhibit G-Order Approving Notice of Voluntary Dismissal of Defendants, #9 Exhibit H-Civil Case Cover Sheet, #10 Exhibit I-Pre-Trial Order, #11 Exhibit J-Delay Reduction Order., #12 Exhibit K-Defs Unopposed MFET to Respond to Complaint, #13 Exhibit L-Order Granting DEFENDANT MANOR CARE OF DENVER CO LLCS UNOP MFET, #14 Exhibit M-Affidavit of Matthew McHugh, #15 Exhibit N - Notice of Filing Notice of Removal)(Belsheim, David)

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Defendant: MANOR CARE OF DENVER CO, LLC d/b/a MANORCARE HEALTH SERVICES DENVER
Represented By: David Allen Belsheim
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Defendant: John/Jane Doe
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Defendant: Manor Care of Denver CO, LLC and John/Jane Doe (whose true name is unknown) doing business as ManorCare health Services-Denver / HCR ManorCare
Represented By: David Ben Gelman
Represented By: David Allen Belsheim
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Plaintiff: Frank Estate of Davis
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Plaintiff: Freda, in her capacity as personal representative Davis
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Plaintiff: Freda Davis
Represented By: Hugh Scott O'Sullivan
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