Arnett v. UCH-MHS
Plaintiff: Lance Arnett
Defendant: UCH-MHS a Colorado Corportation doing business as Memorial Hospital-North
Case Number: 1:2024cv00152
Filed: January 18, 2024
Court: US District Court for the District of Colorado
Presiding Judge: Maritza Dominguez Braswell
Referring Judge: Gordon P Gallagher
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question: Medical Malpractice
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 15, 2024 Opinion or Order Filing 35 ORDER granting #34 Unopposed MOTION for Extension of Time to File Response as to #32 MOTION for Judgment on the Pleadings with Reciprocal Extension for Defendant's Reply. The Court Orders that Plaintiff shall have a 10-dayextension of time within which to submit his response to Defendants Motion for Judgment onPleadings, through and until April 2, 2024, and Further Orders that Defendants reply be due on or before April 22, 2024. By District Judge Gordon P Gallagher on March 15, 2024. Text Only Entry(gpglc3)
March 15, 2024 Filing 34 Unopposed MOTION for Extension of Time to File Response/Reply as to #32 MOTION for Judgment on the Pleadings With Respect to Plaintiff's Second and Third Claims for Relief with Reciprocal Extension for Defendant's Reply by Plaintiff Lance Arnett. (Attachments: #1 Proposed Order (PDF Only))(Gingrass, Jordana)
February 28, 2024 Opinion or Order Filing 33 SCHEDULING ORDER: Discovery due by 6/1/2024. Dispositive Motions due by 8/1/2024. By Magistrate Judge Maritza Dominguez Braswell on 2/26/2024. (evaug)
February 27, 2024 Filing 32 MOTION for Judgment on the Pleadings With Respect to Plaintiff's Second and Third Claims for Relief by Defendant UCH-MHS. (DuWaldt, Karen)
February 27, 2024 Filing 31 NOTICE of Entry of Appearance by Karen H. DuWaldt on behalf of UCH-MHSAttorney Karen H. DuWaldt added to party UCH-MHS(pty:dft) (DuWaldt, Karen)
February 23, 2024 Filing 30 REPLY to Response to #15 MOTION to Remand to State Court filed by Plaintiff Lance Arnett. (Attachments: #1 Exhibit Def's Resp. Mtn to Amend, #2 Exhibit Minute Order Granting Mtn to Amend, #3 Exhibit Dep. Tran. 30(b)(6) B. Drew, #4 Exhibit Rule 30(b)(6) Notice, #5 Exhibit Email re deponent)(Gingrass, Jordana)
February 20, 2024 Filing 29 RESPONSE to #15 MOTION to Remand to State Court filed by Defendant UCH-MHS. (Attachments: #1 Exhibit 1 - Claim Form, #2 Exhibit 2 - 12-29 email and Drew Errata)(Hensen, Stephen)
February 20, 2024 Filing 28 Proposed Scheduling Order on behalf of all Parties by Plaintiff Lance Arnett. (Gingrass, Jordana)
February 5, 2024 Opinion or Order Filing 27 ORDER: The Court has reviewed D. 26 and the clarifications set forth therein are noted. By District Judge Gordon P Gallagher on February 5, 2024. Text Only Entry (gpglc3, )
February 1, 2024 Filing 26 NOTICE of Clarification by Defendant UCH-MHS (Attachments: #1 Exhibit Attachment - Suggested procedural filing guideline)(Hensen, Stephen)
February 1, 2024 Opinion or Order Filing 25 ORDER: The Court has reviewed D. 24 and the clarifications set forth therein are noted. By District Judge Gordon P Gallagher on February 1, 2024. Text Only Entry (gpglc3 )
February 1, 2024 Filing 24 NOTICE re 23 Order on Motion in Limine,,,,, Order on Motion for Sanctions,,,, PLAINTIFFS RESPONSE TO FEBRUARY 1, 2024 MINUTE ORDER [Doc. 23] AND CLARIFICATION REGARDING HIS NON-FILING OF CERTAIN MOTIONS AND PLEADINGS FROM THE EL PASO COUNTY STATE COURT CASE by Plaintiff Lance Arnett (Gingrass, Jordana)
February 1, 2024 Opinion or Order Filing 23 MINUTE ORDER by District Judge Gordon P Gallagher on 2/1/2024. Plaintiff's extremely premature motion in limine #17 is DENIED without prejudice. Generally, a motion in limine is utilized to determine the admissibility of evidence at trial. This action, removed from state court with a pending motion to remand #15 , is at its very inception. The Court has not yet even entered a scheduling orderwhich will control the course of discovery. During discovery, the overarching guidance as to scope is set forth in Federal Rule of Civil Procedure 26(b)(1). Those limitations are frequently different from a Court's much later consideration of admissibility and relevance at the trial stage applying Rules of Evidence 401, 402 and 403 (generally relevant to in limine consideration). To the extent Plaintiff is attempting to limit the scope of discovery, Plaintiff SHALL comply with the discovery dispute procedures of referred U.S. Magistrate Judge Dominguez Braswell. Plaintiff also moves for serious sanctions for perceived discovery violations #20 . This motion, a discovery motion, is stricken for failure to comply with Magistrate Judge Dominguez Braswells discovery dispute procedures.. Text Only Entry(sphil, )
February 1, 2024 Filing 22 REPLY to Response to #20 MOTION for Sanctions (Plaintiff's Pending re Rule 37(c)) filed by Defendant UCH-MHS. (Hensen, Stephen)
February 1, 2024 Filing 21 RESPONSE to #20 MOTION for Sanctions (Plaintiff's Pending re Rule 37(c)) filed by Defendant UCH-MHS. (Attachments: #1 Exhibit 1 - Excerpts from Laura Elliott RN deposition, #2 Exhibit 2 - Tuten 2-14-22 wound care consult note, #3 Exhibit 3 - Excerpts from Suzanne Tuten, RN deposition, #4 Exhibit 4 - Excerpts from Jerilynn Wilson, RN deposition, #5 Exhibit 5 - Excerpts from Kevin Jarvis depo, #6 Exhibit 6 - emails re Jerilynn Wilson deposition)(Hensen, Stephen)
February 1, 2024 Filing 20 STRICKEN MOTION for Sanctions (Plaintiff's Pending re Rule 37(c)) by Defendant UCH-MHS. (Attachments: #1 Exhibit 1 - FNL CGIA letter, #2 Exhibit 2 - Wilson emails, #3 Exhibit 3 - Emails, #4 Exhibit 4 - 2022-09-22 Hrg transcript, #5 Exhibit 5 - MHN intouch error log (UCH DOC 421-431))(Hensen, Stephen) Modified on 2/1/2024 stricken per 23 Order. (sphil, ).
February 1, 2024 Filing 19 REPLY to Response to #17 MOTION in Limine (Plaintiff's Pending) filed by Defendant UCH-MHS. (Hensen, Stephen)
February 1, 2024 Filing 18 RESPONSE to #17 MOTION in Limine (Plaintiff's Pending) filed by Defendant UCH-MHS. (Hensen, Stephen)
February 1, 2024 Filing 17 MOTION in Limine (Plaintiff's Pending) by Defendant UCH-MHS. (Hensen, Stephen)
February 1, 2024 Filing 16 NOTICE Docket sheet from El Paso County District Court by Defendant UCH-MHS (Hensen, Stephen)
January 30, 2024 Filing 15 MOTION to Remand to State Court by Plaintiff Lance Arnett. (Attachments: #1 Exhibit 1 - Excerpts Rule 30(b)(6) Deposition, #2 Exhibit 2 - Hearing Transcript, #3 Exhibit 3 - Error Code Log, #4 Exhibit 4 - Rule 30(b)(6) Notice, #5 Exhibit 5 - Email re Rule 30(b)(6) Designees, #6 Proposed Order (PDF Only) Granting Motion to Remand)(Gingrass, Jordana)
January 22, 2024 Filing 14 NOTICE of Entry of Appearance by Jerome M. Reinan, II on behalf of All Plaintiffs Attorney Jerome M. Reinan, II added to party Lance Arnett(pty:pla) (Reinan, Jerome)
January 22, 2024 Filing 13 NOTICE of Entry of Appearance by Jordana Griff Gingrass on behalf of Lance ArnettAttorney Jordana Griff Gingrass added to party Lance Arnett(pty:pla) (Gingrass, Jordana)
January 19, 2024 Opinion or Order Filing 12 ORDER SETTING INITIAL CASE DEADLINES. Proposed Scheduling Order due 2/21/2024. By Magistrate Judge Maritza Dominguez Braswell on 1/19/2024. (evaug )
January 18, 2024 Opinion or Order Filing 11 ORDER REFERRING CASE to the assigned United States Magistrate Judge. 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 specifically-referred motions, and (4) 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 District Judge Gordon P Gallagher on 1/18/2024. Text Only Entry. (ccuen, )
January 18, 2024 Filing 10 CORPORATE DISCLOSURE STATEMENT. (Hensen, Stephen)
January 18, 2024 Filing 9 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (efoga, )
January 18, 2024 Filing 8 Case assigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry (efoga, )
January 18, 2024 Filing 7 DEFENDANT UCH-MHS'S ANSWER to #6 Amended Complaint and Jury Demand by UCH-MHS.(efoga, )
January 18, 2024 Filing 6 AMENDED COMPLAINT AND JURY DEMAND against UCH-MHS, filed by Lance Arnett.(efoga, )
January 18, 2024 Filing 5 DEFENDANT UCH-MHS'S ANSWER to #4 Complaint and Jury Demand by UCH-MHS.(efoga, )
January 18, 2024 Filing 4 COMPLAINT AND JURY DEMAND against UCH-MHS, filed by Lance Arnett.(efoga, )
January 18, 2024 Filing 3 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) (efoga, )
January 18, 2024 Filing 2 Exhibits in Support of #1 Notice of Removal,,,,, Civil Cover Sheet by Defendant UCH-MHS d/b/a UCHealth Memorial Hospital North. (Hensen, Stephen)
January 18, 2024 Filing 1 NOTICE OF REMOVAL by UCH-MHS d/b/a UCHealth Memorial Hospital North from District Court, El Paso County, Colorado, Case Number 2022CV32204. (Filing fee $ 405, Receipt Number ACODC-9492750), filed by UCH-MHS d/b/a UCHealth Memorial Hospital North. (Attachments: #1 Exhibit 1 - Summons and Return of Service, #2 Exhibit 2 - Original Complaint and Civil Cover Sheet, #3 Exhibit 3 - Original Answer, #4 Exhibit 4 - Delay Prevention Order, #5 Exhibit 5 - Order re Joint Proposed CMO, #6 Exhibit 6 - Order re Joint Request to Vacate CMC, #7 Exhibit 7 - Civil Pretrial Order, #8 Exhibit 8 - Order re Stipulated Proposed Protective Order, #9 Exhibit 9 - Order re Extension of Time to Disclose Experts, #10 Exhibit 10 - Order re Extension of Time to Submit Proposed Discovery Order, #11 Exhibit 11 - Order re Motion to Compel Discovery, #12 Exhibit 12 - Order Granting Extension of Time to Respond to Amend Complaint and for Continuance of Trial, #13 Exhibit 13 - Order re Unopposed Motion to Attend Hearing Remotely, #14 Exhibit 14 - Order granting Def's Motion to Exceed 15 page limit, #15 Exhibit 15 - Minute Order Granting Motion to Amend Complaint and Continuing Trial, #16 Exhibit 16 - Amended Complaint, #17 Exhibit 17 - Answer to Amended Complaint, #18 Exhibit 18 - Minute Order re Discovery Dispute Hearing)(Hensen, Stephen)

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Plaintiff: Lance Arnett
Represented By: Jerome M. Reinan, II
Represented By: Jordana Griff Gingrass
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Defendant: UCH-MHS a Colorado Corportation doing business as Memorial Hospital-North
Represented By: Stephen Jerome Hensen
Represented By: Karen H. DuWaldt
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