Noriega v. Marillac Clinic, Inc. et al
| Ana Noriega |
| Marillac Clinic, Inc., SCL Health-Front Range, Inc. and SCL Health-Front Range, Inc. doing business as SCL Health |
| 1:2022cv01082 |
| May 2, 2022 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| Nina Y Wang |
| Civil Rights: Other |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Both |
Docket Report
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Filing 26
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Sisters of Charity of Leavenworth Health System, Inc. for SCL Health-Front Range, Inc.. (VanOverloop, Kelsey)
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Filing 25
MOTION to Dismiss Party SCL Health-Front Range, Inc. by Defendant SCL Health-Front Range, Inc.. (Gartenberg, David)
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Filing 24
NOTICE of Partial Voluntary Dismissal by Plaintiff Ana Noriega (Altis, Daniel)
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Filing 23
MINUTE ORDER: This matter is before the court on the #21 "Stipulation for Extension of Time For Defendant SCL Health Front Range, Inc. to Respond to First Amended Complaint [Doc. No. 18-1]." Because the Parties already used their one stipulation for an extension of time permitted under Local Rule 6.1(a), see [Doc. 11], the court CONSTRUES the Stipulation as a Motion for Extension of Time to answer or otherwise respond to the Amended Complaint. In the Motion, SCL Health states that "SCL Health and Plaintiff agree that Plaintiff's operative pleading in this matter is Doc. No. 18-1." See [Doc. 21 at 6]. However, Rule 15 of the Federal Rules of Civil Procedure provides that a party "may amend its pleading once as a matter of course." Fed. R. Civ. P. 15(a)(1) (emphasis added). Plaintiff used her one amendment as a matter of course on June 6, 2022 by filing her Amended Complaint [Doc. 16]. After this court noted that the filing of the Amended Complaint failed to comply with the Local Rules, the court directed Plaintiff to file a notice of amended pleading and a red-lined version of her Amended Complaint on or before June 9, 2022. See [Doc. 17]. Plaintiff filed these documents on June 9, 2022. [Doc. 18; Doc. 18-1]. SCL Health then filed its own Notice, stating that the red-lined version of the Amended Complaint submitted by Plaintiff failed to account for all of the changes in the Amended Complaint and indicating that it would not oppose Plaintiff filing a Second Amended Complaint accounting for those additional changes. [Doc. 19]. Plaintiff did not thereafter move to amend her Amended Complaint, nor did Plaintiff file a Second Amended Complaint with each Defendant's consent. The Parties' agreement that a red-lined exhibit copy of the Amended Complaint would be the operative pleading in this action does not supersede the Federal Rules of Civil Procedure. Thus, the operative pleading remains the Amended Complaint docketed at [Doc. 16], and the deadline to respond to the Amended Complaint remained June 21, 2022. The Motion is thus untimely. Nevertheless, the court will GRANT the Motion for Extension of Time. Defendant SCL Health shall answer or otherwise respond to the Amended Complaint [Doc. 16] on or before June 30, 2022. By Magistrate Judge Nina Y. Wang on 06/24/2022. Text Only Entry(nywlc2, )
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Filing 22
MEMORANDUM regarding #21 MOTION for Order to filed by SCL Health-Front Range, Inc. Motion referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 6/24/2022. Text Only Entry (cmasec)
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Filing 21
STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant SCL Health-Front Range, Inc.. SCL Health-Front Range, Inc. answer due 6/30/2022. (Gartenberg, David) Modified on 6/24/2022 to correct event type. (alave, ).
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Filing 20
ANSWER to #16 Amended Complaint by Marillac Clinic, Inc..(Fredrickson, Todd)
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Filing 19
NOTICE re #18 Notice of Filing Amended Pleading by Defendant SCL Health-Front Range, Inc. (Attachments: #1 Exhibit A)(Gartenberg, David)
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Filing 18
NOTICE of Filing Amended Pleading re #16 Amended Complaint by Plaintiff Ana Noriega (Attachments: #1 Exhibit Exhibit 1 - First Amended Complaint)(Altis, Daniel)
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Filing 17
MINUTE ORDER: Pursuant to Local Rule of Practice 15.1, "[a] party other than an unrepresented prisoner who files an amended pleading under Fed. R. Civ. P. 15(a)(1) or with the consent of the opposing party shall file a separate notice of filing the amended pleading and shall attach as an exhibit a copy of the amended pleading which strikes through (e.g., strikes through) the text to be deleted and underlines (e.g., underlines) the text to be added." D.C.COLO.LCivR 15.1(a). On 6/6/2022, Plaintiff filed a First Amended Complaint #16 , but did not file the corresponding notice or exhibit pursuant to Local Rule 15.1(a). Accordingly, Plaintiff is DIRECTED to file the above-mentioned documents pursuant to Local Rule 15.1(a) by 6/9/2022. By Magistrate Judge Nina Y. Wang on 6/7/2022. Text Only Entry (nywlc3, )
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Filing 16
AMENDED COMPLAINT against Marillac Clinic, Inc., SCL Health-Front Range, Inc., filed by Ana Noriega. (Attachments: #1 Exhibit Exhibit 1 - Charge of Discrimination, #2 Exhibit Exhibit 2 - Notice of Right to Sue)(Altis, Daniel)
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Filing 15
ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Magistrate Judge Wang 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. The Magistrate Judge, at his/her discretion, may 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 Christine M. Arguello on 6/6/2022. Text Only Entry (cmasec)
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Filing 14
MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge Christine M. Arguello and drawn to Magistrate Judge Nina Y. Wang. All future pleadings should be designated as 22-cv-01082-CMA. (athom, )
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Filing 13
CASE REASSIGNED pursuant to #12 Consent/Non-Consent Form to Jurisdiction of Magistrate Judge Robert E. Blackburn. All future pleadings should be designated as 22-cv-01082-REB. (Text Only Entry). (alave, )
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Filing 12
CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Ana Noriega All parties do not consent.. (Altis, Daniel)
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Filing 11
STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant SCL Health-Front Range, Inc.. SCL Health-Front Range, Inc. answer due 6/13/2022. (Gartenberg, David)
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Filing 10
NOTICE of Entry of Appearance by Todd Arthur Fredrickson on behalf of Marillac Clinic, Inc.Attorney Todd Arthur Fredrickson added to party Marillac Clinic, Inc.(pty:dft) (Fredrickson, Todd)
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Filing 9
NOTICE of Entry of Appearance by Jeffrey H. McClelland on behalf of Marillac Clinic, Inc.Attorney Jeffrey H. McClelland added to party Marillac Clinic, Inc.(pty:dft) (McClelland, Jeffrey)
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Filing 8
SUMMONS Returned Executed by Ana Noriega. Marillac Clinic, Inc. served on 5/18/2022, answer due 6/8/2022; SCL Health-Front Range, Inc. served on 5/16/2022, answer due 6/6/2022. (Attachments: #1 Affidavit Executed Service)(Altis, Daniel)
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Filing 7
ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NONCONSENT FORM by Magistrate Judge Nina Y. Wang on 05/06/2022. Consent Form due by 6/29/2022. Proposed Scheduling Order due 7/12/2022. Scheduling/Planning Conference set for 7/19/2022 09:30 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. (alave, )
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Filing 6
NOTICE of Entry of Appearance by Eric Joseph Neeper on behalf of Ana NoriegaAttorney Eric Joseph Neeper added to party Ana Noriega(pty:pla) (Neeper, Eric)
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Filing 5
SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (jtorr, )
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Filing 4
Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry. (jtorr, )
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Filing 3
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #1 Complaint, filed by attorney Daniel Altis. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (jtorr, )
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Filing 2
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #1 Complaint, filed by attorneys Eric Neeper and Daniel Altis. The s/signature did not match the filer's 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, )
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Filing 1
COMPLAINT against Marillac Clinic, Inc., SCL Health-Front Range, Inc. (Filing fee $ 402,Receipt Number CCODC-8437703)Attorney Eric Joseph Neeper added to party Ana Noriega(pty:pla), filed by Ana Noriega. (Attachments: #1 Exhibit Exhibt 1 - Complalint of Discrimination, #2 Exhibit Exhibit 2 - Notice of Right To Sue, #3 Civil Cover Sheet Civil Cover Sheet, #4 Summons Marillac Clinic Inc. Summons, #5 Summons SLC Health-Front Range, Inc Summons)(Neeper, Eric)
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