McDaniel v. Rykiel
Plaintiff: Tonya McDaniel
Defendant: Carol Rykiel and USA
Case Number: 1:2022cv03139
Filed: December 5, 2022
Court: US District Court for the District of Colorado
Presiding Judge: S Kato Crews
Referring Judge: Raymond P Moore
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. ยง 1402 Medical Malpractice
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 5, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 18, 2023 Opinion or Order Filing 17 ORDER: This matter is before the Court on Defendant's Unopposed Motion for an Extension of Time to Respond to Plaintiff's Complaint #16 . Being fully advised and finding good cause the Court GRANTS the Motion. Defendant's answer or other response to Plaintiff's Complaint shall be due 14 days after the Court issues a ruling on Defendant's Motion for Summary Judgment #14 . SO ORDERED by Judge Raymond P. Moore on 1/18/2023. (Text Only Entry)(rmsec)
January 13, 2023 Filing 16 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Defendant USA. (Kelley, Erika)
January 13, 2023 Filing 15 STATEMENT of Undisputed Material Facts by Defendant USA. (Attachments: #1 Exhibit 1 - Karen Sicard Declaration, #2 Exhibit 2 - SF 95 Form)(Kelley, Erika)
January 13, 2023 Filing 14 MOTION for Summary Judgment by Defendant USA. (Kelley, Erika)
December 16, 2022 Opinion or Order Filing 13 MINUTE ORDER: This matter is before the Court sua sponte upon review of this matter in which Plaintiff appears pro se. The Court strongly encourages Plaintiff to contact the Federal Pro Se Clinic which provides free assistance to people representing themselves in the U.S. District Court for the District of Colorado. The Clinic cannot assist with criminal, bankruptcy, habeas, appeals, or any state cases. If Plaintiff wishes to avail himself of this service, he may make an appointment by phone (303-380-8786) or online at www.cobar.org/cofederalproseclinic. The Clinic is located at: Alfred A. Arraj Courthouse (first floor), 901 19th Street, Denver, CO 80294. Walk-in appointments may also be available, but only on a space-available basis. SO ORDERED by Judge Raymond P. Moore on 12/16/2022. (Text Only Entry) (rmsec)
December 16, 2022 Opinion or Order Filing 12 MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 12/16/2022. (Text Only Entry) (rmsec)
December 16, 2022 Opinion or Order Filing 11 ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. 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 D.C.COLO.LCivR 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 a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 12/16/2022. (Text Only Entry) (rmsec)
December 15, 2022 Filing 10 CASE REASSIGNED pursuant to #8 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Raymond P. Moore and drawn to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 22-cv-03139-RM. (Text Only Entry) (csarr, )
December 15, 2022 Opinion or Order Filing 9 MINUTE ORDER re Defendant's Motions as follows:(1) For the reasons stated, the #6 Motion to Substitute Defendant Party is GRANTED. The Clerk of the Court shall substitute the United States of America as the Defendant in this matter and terminate Carol Rykiel.(2) Upon a showing of good cause, the #7 Motion to Extend Time to File Answer/Response is GRANTED for a 30-day extension. The deadline is now 1/13/2023.SO ORDERED by Magistrate Judge S. Kato Crews on 12/15/2022. Text Only Entry (skclc2).
December 14, 2022 Filing 8 CONSENT to Jurisdiction of Magistrate Judge by Defendant Carol Rykiel All parties do not consent.. (Kelley, Erika)
December 12, 2022 Filing 7 Joint MOTION for Extension of Time to File Answer or Otherwise Respond re #3 Complaint by Defendant Carol Rykiel. (Attachments: #1 Exhibit 1 - state court affidavit of service)(Kelley, Erika)
December 8, 2022 Filing 6 MOTION to Substitute Party by Defendant Carol Rykiel. (Kelley, Erika)
December 5, 2022 Filing 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. Form Mail to Pro Se Litigant via USPS. (norlin, )
December 5, 2022 Filing 4 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry (norlin, )
December 5, 2022 Filing 3 Notice, Claim and Summons to Appear for Trial against Carol Rykiel, filed by Tonya McDaniel.(norlin, )
December 5, 2022 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) (norlin, )
December 5, 2022 Filing 1 NOTICE OF REMOVAL by Carol Rykiel from Denver County Small Claims Court, Case Number 22S00705., filed by Carol Rykiel. (Attachments: #1 Exhibit 1 - State court complaint, #2 Exhibit 2 - HHS Deeming Letter 2015, #3 Exhibit 3 - U.S. Attorney Certification, #4 Docket Sheet, #5 State court case management order, #6 State court notice of special appearance (Def.), #7 Civil Cover Sheet, #8 Supplemental Civil Cover Sheet)(Kelley, Erika)

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Plaintiff: Tonya McDaniel
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Defendant: Carol Rykiel
Represented By: Erika A. Kelley
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Defendant: USA
Represented By: Erika A. Kelley
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