Fortner v. United States of America et al
| Darrell Fortner and Does 1-5 |
| Amellia Prado, Carri Claar, Roxanne Haffner, Tammy O'Neal, Christopher Freeman, Does 1-20 and USA |
| 1:2024cv01037 |
| April 17, 2024 |
| U.S. District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1331 Fed. Question: Medical Malpractice |
| Plaintiff |
Docket Report
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Filing 46
MINUTE ORDER: The deadline to file a Proposed Scheduling Order is sua sponte extended to July 12, 2024. By Magistrate Judge Maritza Dominguez Braswell on 06/14/2024. Text Only Entry (mdblc4,)
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| Filing 45 SUPPLEMENT/AMENDMENT to #41 Response to Motion to Resubstitute by Defendant USA. (Attachments: #1 Exhibit A - Declaration of Amelia Prado, #2 Exhibit B - Declaration of Carrie Claar)(Kelley, Erika) |
| Filing 44 CERTIFICATE of Mailing/Service re 43 Minute Order sent to Darrell Fortner at 205 West Harp Street Manchester, TN 37355. (jrobe, ) |
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Filing 43
MINUTE ORDER: Plaintiff's #42 Supplement to his #40 Motion to Resubstitute Defendants is accepted as filed. To the extent it deems it necessary, the United States may file a supplement to its #41 Response on or before June 14, 2024. Plaintiff's reply deadline is set for June 28, 2024. By Magistrate Judge Maritza Dominguez Braswell on 6/7/2024. Text Only Entry (mdblc1)
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| Filing 41 RESPONSE to #40 MOTION for Order to filed by Defendant USA. (Attachments: #1 Exhibit A - Declaration of Meredith Torres)(Kelley, Erika) |
| Filing 42 Supplemental to Motion to Re-substitute Defendants, Amelia Prado and Carrie Claar instead of the United States by Plaintiff Darrell Fortner. (jrobe, ) |
| Filing 40 MOTION to Resubstitute Defendants Amelia Prado and Carri Claar instead of the United States by Plaintiff Darrell Fortner. (jrobe, ) |
| Filing 39 Mail Returned as Undeliverable re: #18 Minute Order Addressed to Darrell Fortner. (jrobe, ) |
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Filing 38
MINUTE ORDER granting the United States' #37 Unopposed Motion for Extension of Defendant's Time to Answer or Otherwise Respond. The United States shall answer or otherwise respond to Plaintiff's #4 Complaint on or before June 24, 2024. Additionally, for the sake of uniformity, Defendant Haffner's deadline to answer or otherwise respond to the Complaint is also extended to June 24, 2024. By Magistrate Judge Maritza Dominguez Braswell on 5/16/2024. Text Only Entry(mdblc1)
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| Filing 37 MOTION for Extension of Time to File Answer or Otherwise Respond re #4 Complaint by Defendant USA. (Kelley, Erika) |
| Filing 36 CERTIFICATE of Mailing/Service re #35 Minute Entry sent to Darrell Fortner at 205 West Harp Street Manchester, TN 37355.(jrobe, ) |
| Filing 34 CERTIFICATE of Mailing/Service re 33 Minute Order sent to Darrell Fortner at 205 West Harp Street Manchester, TN 37355.(jrobe, ) |
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Filing 33
MINUTE ORDER striking Plaintiff's #32 Motion for Leave to File Second Amended Complaint. Though it appears Plaintiff attempted to comply with Local Rule 15.1(b), his attempt was insufficient. See D.C.COLO.LCivR 15.1(b) (providing that a party "who files an opposed motion for leave to amend... shall attach as an exhibit a copy of the proposed amended or supplemental pleading which strikes through (e.g. strikes through) the text to be deleted and underlines (e.g. underlines) the text to be added"). To comply with Local Rule 15.1(b), a plaintiff's "red-lined" complaint must show the underlined additions and struck through deletions within the same document, such that the Court and opposing parties can easily identify the proposed changes to the complaint. Here, Plaintiff has merely filed a proposed amended complaint that is completely underlined and a copy of the operative complaint that is completely struck through. Plaintiff is directed to re-file his motion to amend and include as attachments: 1) a red-lined proposed amended complaint that complies with this Order and 2) a "clean-copy" proposed amended complaint that does not include any underlines or strike-throughs. Finally Plaintiff is reminded that the Court granted the United States' motion to substitute as a defendant for Ms. Prado and Claar. Accordingly, Plaintiff's proposed second amended complaint shall remove Ms. Prado and Claar as defendants and replace them with the United States. By Magistrate Judge Maritza Dominguez Braswell on 5/15/2024. Text Only Entry(mdblc1)
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| Filing 35 MINUTE ENTRY for proceedings held before Magistrate Judge Maritza Dominguez Braswell: Motion Hearing held on 5/13/2024. #13 Motion to Substitute Party United States for Carri Claar (Dr., individually) and Amellia Prado (Dr., individually) is GRANTED. The Clerk is directed to substitute the United States of America for Claar and Prado. Plaintiff's deadline to challenge the substitution is 6/7/2024. FTR: Courtroom 101. (evaug, ) |
| Filing 32 STRICKEN MOTION for Leave to File Second Amended Complaint by Plaintiff Darrell Fortner. (Attachments: #1 Second Amended Verified Complaint)(jrobe, ) Modified to strike pursuant to 33 Minute Order on 5/15/2024 (jrobe, ). |
| Filing 31 CONSENT to Jurisdiction of Magistrate Judge by Defendants Carri Claar, Amellia Prado All parties consent.. (Kelley, Erika) |
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Filing 30
MINUTE ORDER granting the United States' #14 Opposed Motion for Extension of Defendants' Time to Answer or Otherwise Respond. Defendants Prado and Claar's deadlines to respond to the #4 Complaint are extended to May 24, 2024. By Magistrate Judge Maritza Dominguez Braswell on 5/2/2024. Text Only Entry(mdblc1)
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| Filing 29 CERTIFICATE of Mailing re 28 Minute Order. Mailed to Darrell Fortner 205 West Harp Street Manchester, TN 37355 (dgumb, ) |
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Filing 28
MINUTE ORDER: The Motion Hearing set for May 13, 2024, is reset in time only to May 13, 2024, at 1:30 PM. The parties should refer to the instructions for their video appearance previously provided. By Magistrate Judge Maritza Dominguez Braswell on 5/2/2024. Text Only Entry (mdblc1)
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| Filing 27 CERTIFICATE of Mailing/Service re 26 and #18 Minute Orders sent to Darrell Fortner at 205 West Harp Street Manchester, TN 37355.(jrobe, ) |
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Filing 26
MINUTE ORDER striking Plaintiffs' #25 Motion for Leave to File Second Amended Complaint. The Motion is STRICKEN for non-compliance with applicable Local Rules. See D.C.COLO.LCivR 15.1(b) (providing that a party "who files an opposed motion for leave to amend... shall attach as an exhibit a copy of the proposed amended or supplemental pleading which strikes through (e.g. strikes through) the text to be deleted and underlines (e.g. underlines) the text to be added"). By Magistrate Judge Maritza Dominguez Braswell on 4/30/2024. Text Only Entry(mdblc1)
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| Filing 25 STRICKEN MOTION for Leave to File Second Amended Complaint by Plaintiff Darrell Fortner. (Attachments: #1 Second Amended Verified Complaint)(jrobe, ) Modified to strike pursuant to 26 Minute Order on 4/30/2024 (jrobe, ). |
| Filing 24 NOTICE of Change of Address/Contact Information by Plaintiff Darrell Fortner. (jrobe, ) |
| Filing 23 NOTICE of State Court Filing by Defendants Carri Claar, Amellia Prado (Attachments: #1 Exhibit State Court Order RE Plaintiff Motion for Leave to Amend Complaint)(Kelley, Erika) |
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Filing 22
ORDER SETTING INITIAL CASE DEADLINES. Proposed Scheduling Order due 6/12/2024. (SEE ALSO ECF NO. 21 MINUTE ORDER -for Deadline for Consent 5/9/2024). By Magistrate Judge Maritza Dominguez Braswell on 4/26/2024. (evaug )
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Filing 21
MINUTE ORDER: The parties are directed to file a #6 Magistrate Judge consent form on or before May 9, 2024. By Magistrate Judge Maritza Dominguez Braswell on 4/25/2024. Text Only Entry (mdblc1)
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| Filing 20 NOTICE of State Court Filing by Defendants Carri Claar, Amellia Prado (Attachments: #1 Exhibit Plaintiff's Mtn for Leave to Amend Complaint, #2 Exhibit Plaintiff's Second Amended Verified Complaint, #3 Exhibit Plaintiff's Supplemental Reply to All Defendants Response to Plaintiff's Motion to Dismiss)(Kelley, Erika) |
| Filing 19 CERTIFICATE of Mailing/Service re #18 Minute Order sent to Darrell Fortner at 6875 Juanita Street Colorado Springs, CO 80908. (jrobe, ) |
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Filing 18
MINUTE ORDER: A Motion Hearing to address the #13 Motion to Substitute the United States as Defendant is set for May 13, 2024, at 1:00 PM before Magistrate Judge Maritza Dominguez Braswell. The Hearing will be conducted by video using the attached instructions. By Magistrate Judge Maritza Dominguez Braswell on 4/24/2024. Text Only Entry (mdblc1)
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| Filing 17 NOTICE of Entry of Appearance by John T. Osgood on behalf of Roxanne HaffnerAttorney John T. Osgood added to party Roxanne Haffner(pty:dft) (Osgood, John) |
| Filing 16 CERTIFICATE of Mailing/Service re 15 Minute Order sent to Darrell Fortner at 6875 Juanita Street Colorado Springs, CO 80908. (jrobe, ) |
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Filing 15
MINUTE ORDER: Having reviewed, the United States' #14 Opposed Motion for Extension of Defendants Time to Answer or Otherwise Respond, Plaintiff is directed to file a response on or before April 30, 2024. No reply is required. By Magistrate Judge Maritza Dominguez Braswell on 04/19/2024. Text Only Entry (mdblc4,)
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| Filing 14 MOTION for Extension of Time to File Answer or Otherwise Respond re #4 Complaint by Defendants Carri Claar, Amellia Prado. (Kelley, Erika) |
| Filing 13 MOTION to Substitute Party United States as Defendant by Defendants Carri Claar, Amellia Prado. (Kelley, Erika) |
| Filing 12 NOTICE of Filing Pending State Court Motion to Dismiss without Prejudice by Defendants Carri Claar, Amellia Prado (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Kelley, Erika) |
| Filing 11 NOTICE of Filing Pending State Court Motion for Extension of Time by Defendants Carri Claar, Amellia Prado (Attachments: #1 Exhibit)(Kelley, Erika) |
| Filing 10 NOTICE of Pending State Court Hearing by Defendants Carri Claar, Amellia Prado (Kelley, Erika) |
| Filing 9 NOTICE of Filing Pending State Court Motion to Stay Deadline of Defendants by Defendants Carri Claar, Amellia Prado (Attachments: #1 Exhibit)(Kelley, Erika) |
| Filing 8 NOTICE of Filing Pending State Court Defendant Roxanne Haffner Motion to Dismiss by Defendants Carri Claar, Amellia Prado (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Kelley, Erika) |
| Filing 7 NOTICE of Filing State Court Pleadings by Defendants Carri Claar, Amellia Prado (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit)(Kelley, Erika) |
| Filing 6 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (blaws) |
| Filing 5 Case assigned to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry. (blaws) |
| Filing 4 STATE COURT FIRST AMENDED VERIFIED COMPLAINT against Carri Claar, Christopher Freeman, Roxanne Haffner, Tammy O'Neal, Amellia Prado, filed by Darrell Fortner. (blaws) |
| 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) (blaws) |
| Filing 2 Administrative Notice: Notice to filer of non-compliance with Notice of Removal case opening procedures. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1, and 28 U.S.C. 1446(a). The state court record is not complete. See Appendix B Notice of Removal, in the Attorney Civil Case Opening Procedures document. (Text Only Entry) (blaws) |
| Filing 1 NOTICE OF REMOVAL by Carri Claar, Amellia Prado from El Paso County Court, Case Number 2024CV000054., filed by Carri Claar, Amellia Prado. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit Deeming Notice and Letter, #3 Exhibit USA Certification, #4 Civil Cover Sheet, #5 Supplemental Civil Cover Sheet, #6 Exhibit Granted Motion for Extension of Time, #7 Exhibit State Court Register of Actions)(Kelley, Erika) |
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