Pain Physicians of Denver, LLC et al v. Summit View Surgery Center, LLC
| Pain Physicians of Denver, LLC, Donald Bernardini, Giancarlo Checa and Christopher Huser |
| Summit View Surgery Center, LLC |
| 1:2022cv01418 |
| June 6, 2022 |
| US District Court for the District of Colorado |
| S Kato Crews |
| Securities, Commodities, Exchange |
| 15 U.S.C. § 78 Securities Exchange Act |
| Plaintiff |
Docket Report
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| Filing 28 CERTIFICATE of Service by E-Mail by Clerk of Court re 26 Order on Motion to Remand to State Court, to the Arapahoe District Court at 18sups@judicial.state.co.us. Text Only Entry (csarr, ) |
| Filing 27 Civil Case Terminated pursuant to the Order to Remand 26 filed in this case on July 1, 2022. Text Only Entry (csarr, ) |
Filing 26
ORDER: In light of its unopposed nature, and in keeping with its obligations under F.R.C.P. 1 to ensure the just, speedy, and inexpensive determination of actions, the Court GRANTS the #18 Motion to Remand to State Court. This case shall be REMANDED back to Arapahoe County District Court. By Magistrate Judge S. Kato Crews on 7/1/2022. Text Only Entry (skclc1)
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| Filing 25 NOTICE re #18 MOTION to Remand to State Court Notice of Nonopposition by Defendant Summit View Surgery Center, LLC (Boehm, Kelsey) |
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Filing 24
ORDER: The Plaintiff has filed an amended complaint, which supersedes the original. Consequently, the Court finds as moot the #13 Motion to Dismiss for Failure to State a Claim. IT IS FURTHER ORDERED, in light of the Amended Complaint and the fact its claims are based solely on Colorado law, to the extent the Motion to Remand is still opposed, Defendant shall file its response on or before July 6, 2021. IT IS FURTHER ORDERED the forthcoming scheduling conference is VACATED pending the resolution of the remand issue. By Magistrate Judge S. Kato Crews on 6/29/2022. Text Only Entry (skclc1)
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Filing 23
ORDER withdrawing #17 Motion to Amend/Correct/Modify by Magistrate Judge S. Kato Crews on 6/29/2022. Based on Plaintiff's notice, the motion is deemed withdrawn. Text Only Entry (skclc1)
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| Filing 22 NOTICE re #17 MOTION to Amend/Correct/Modify #5 Complaint NOTICE OF WITHDRAWAL OF PLAINTIFFS MOTION TO AMEND THE COMPLAINT by Plaintiffs Donald Bernardini, Giancarlo Checa, Christopher Huser, Pain Physicians of Denver, LLC (Astle, Jason) |
| Filing 21 AMENDED COMPLAINT against Summit View Surgery Center, LLC, filed by Pain Physicians of Denver, LLC, Christopher Huser, Giancarlo Checa, Donald Bernardini.(Astle, Jason) |
| Filing 20 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #19 Answer/Reply to Counterclaim filed by attorney Jason Clayborn Astle. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature followed by a complete signature block to all future documents.(Text Only Entry) (csarr, ) |
| Filing 19 Plaintiffs' ANSWER/REPLY to #14 Answer to Complaint, Counterclaim Counterclaims by Donald Bernardini, Giancarlo Checa, Christopher Huser, Pain Physicians of Denver, LLC.(Astle, Jason) |
| Filing 18 MOTION to Remand to State Court by Plaintiffs Donald Bernardini, Giancarlo Checa, Christopher Huser, Pain Physicians of Denver, LLC, Counter Defendant Pain Physicians of Denver, LLC. (Astle, Jason) |
| Filing 17 MOTION to Amend/Correct/Modify #5 Complaint by Plaintiffs Donald Bernardini, Giancarlo Checa, Christopher Huser, Pain Physicians of Denver, LLC, Counter Defendant Pain Physicians of Denver, LLC. (Attachments: #1 Exhibit Redlined Amended Complaint)(Astle, Jason) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT. (Astle, Jason) |
| Filing 15 NOTICE of Entry of Appearance by Jason Clayborn Astle on behalf of Donald Bernardini, Giancarlo Checa, Christopher Huser, Pain Physicians of Denver, LLCAttorney Jason Clayborn Astle added to party Donald Bernardini(pty:pla), Attorney Jason Clayborn Astle added to party Giancarlo Checa(pty:pla), Attorney Jason Clayborn Astle added to party Christopher Huser(pty:pla), Attorney Jason Clayborn Astle added to party Pain Physicians of Denver, LLC(pty:cd), Attorney Jason Clayborn Astle added to party Pain Physicians of Denver, LLC(pty:pla) (Astle, Jason) |
| Filing 14 ANSWER to #5 Complaint , COUNTERCLAIM against Pain Physicians of Denver, LLC by Summit View Surgery Center, LLC. (Attachments: #1 Exhibit A - Operating Agreement)(Boehm, Kelsey) |
| Filing 13 MOTION to Dismiss for Failure to State a Claim (Counts II and III) by Defendant Summit View Surgery Center, LLC. (Attachments: #1 Declaration of Kelsey Boehm, #2 Exhibit A - Operating Agreement)(Boehm, Kelsey) |
| Filing 12 NOTICE of Entry of Appearance by Kelsey Christine Boehm on behalf of Summit View Surgery Center, LLC (Boehm, Kelsey) |
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Filing 11
MINUTE ORDER Setting Telephone Rule 16(b) Scheduling Conference. Telephone Scheduling Conference set for 7/12/2022 10:00 AM before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, no later than seven calendar days before the conference. IT IS FURTHER ORDERED that a completed Magistrate Judge Consent Form (ECF. #9 ) shall be filed no later than seven calendar days before the conference.At the scheduled time, counsel shall call the Court provided conference line at (888) 251-2909 Access Code: 5662814#. SO ORDERED by Magistrate Judge S. Kato Crews on 6/7/2022. Text Only Entry (amont, )
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| Filing 10 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #1 Notice of Removal, #2 Corporate Disclosure Statement, and #3 Notice of Entry of Appearance, filed by attorneys Kelsey Boehm and Thomas Krysa. 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, ) |
| Filing 9 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 8 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (jtorr, ) |
| Filing 7 STATE COURT ORDER Granting Unopposed Motion for Extension of Time to Respond to Complaint by Fourteen (14) Days by Arapahoe County District Court Judge Frederick Thomas Martinez on 05/19/2022. (jtorr, ) |
| Filing 6 AFFIDAVIT of Service of Civil Cover Sheet, Complaint, and Summons upon Summit View Surgery Center, LLC on 05/05/2022. (jtorr, ) |
| Filing 5 COMPLAINT against Summit View Surgery Center, LLC, filed by Pain Physicians of Denver, LLC, Christopher Huser, Giancarlo Checa, Donald Bernardini.(jtorr, ) |
| Filing 4 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, ) |
| Filing 3 NOTICE of Entry of Appearance of Thomas J. Krysa by Thomas Joseph Krysa on behalf of Summit View Surgery Center, LLCAttorney Thomas Joseph Krysa added to party Summit View Surgery Center, LLC(pty:dft) (Krysa, Thomas) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent PAHS/USP Surgery Centers, LLC for Summit View Surgery Center, LLC. (Boehm, Kelsey) |
| Filing 1 NOTICE OF REMOVAL by Summit View Surgery Center, LLC from Arapahoe County, District Court, Case Number 2022cv30798. (Filing fee $ 402, Receipt Number ACODC-8492023), filed by Summit View Surgery Center, LLC. (Attachments: #1 Exhibit A - Docket Sheet, #2 Exhibit B - Summons, #3 Exhibit C - Complaint, #4 Exhibit D - Affidavit of Service, #5 Exhibit E - Unopposed Motion for Extension, #6 Exhibit F -Order Granting Motion for Extension, #7 Exhibit G - Notice of Removal to State Court, #8 Exhibit H - Civil Cover Sheet)(Boehm, Kelsey) |
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