Kelley v. Smith et al
Plaintiff: Michael Kelley
Defendant: Joshua Thun and William Bret Smith
Case Number: 1:2024cv02621
Filed: September 23, 2024
Court: US District Court for the District of Colorado
Presiding Judge: Philip A Brimmer
Referring Judge: Timothy P O'Hara
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1332 Diversity-Medical Malpractice
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 14, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 14, 2024 Filing 26 AFFIDAVIT/RETURN of Service of Notice to Third Party Pursuant to CRS 13-64-402 upon CT Corporation on 11/13/24, filed by Plaintiff Michael Kelley (Parker, Lorraine)
November 14, 2024 Filing 25 NOTICE to Third Party Pursuant to CRS 13-64-402 by Plaintiff Michael Kelley (Parker, Lorraine)
November 14, 2024 Filing 24 NOTICE to Third Party Pursuant to CRS 13-64-402 by Plaintiff Michael Kelley (Parker, Lorraine)
November 12, 2024 Filing 23 Defendant Joshua Thun D.P.M. ANSWER to #8 Amended Complaint and Jury Demand by Joshua Thun.(Harden, Michelle)
November 12, 2024 Filing 22 NOTICE of Entry of Appearance for Defendant Joshua Thun D.P.M. by Michelle Lynn Harden on behalf of Joshua ThunAttorney Michelle Lynn Harden added to party Joshua Thun(pty:dft) (Harden, Michelle)
November 12, 2024 Filing 21 NOTICE of Entry of Appearance by Michael P. Foley on behalf of William Bret SmithAttorney Michael P. Foley added to party William Bret Smith(pty:dft) (Foley, Michael)
November 12, 2024 Filing 20 NOTICE of Entry of Appearance by Thomas M. Evans on behalf of William Bret Smith (Evans, Thomas)
November 12, 2024 Filing 19 William Bret Smith, D.O. ANSWER to #8 Amended Complaint Attorney Thomas M. Evans added to party William Bret Smith(pty:dft) by William Bret Smith.(Evans, Thomas)
November 10, 2024 Filing 18 NOTICE of Entry of Appearance by Robert McLeod on behalf of Joshua ThunAttorney Robert McLeod added to party Joshua Thun(pty:dft) (McLeod, Robert)
November 6, 2024 Opinion or Order Filing 17 MINUTE ORDER by Magistrate Judge Timothy P. O'Hara on 11/06/2024. Pursuant to the Order of Reference, this Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on January 16, 2025, at 11:00 a.m. in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. No later than five business days prior to the Scheduling Conference, the Parties shall (1) file the proposed Scheduling Order with the Clerk's Office. (jrobe, )
November 6, 2024 Opinion or Order Filing 16 MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/6/2024 re: #12 Response to Order to Show Cause. It is ORDERED that the Order to Show Cause, Docket No. #7 , is hereby DISCHARGED. Text Only Entry (pabsec, )
October 24, 2024 Filing 15 SUMMONS Returned Executed by Michael Kelley. William Bret Smith served on 10/22/2024, answer due 11/12/2024. (Parker, Lorraine)
October 23, 2024 Filing 14 SUMMONS Returned Executed by Michael Kelley. Joshua Thun served on 10/22/2024, answer due 11/12/2024. (Parker, Lorraine)
October 16, 2024 Opinion or Order Filing 13 REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Timothy P. O'Hara upon his appointment. All future pleadings should reference Magistrate Judge O'Hara at the end of the civil action number (such as 24-cv-02621-PAB-TPO). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge O'Hara in Courtroom C-402. His chambers are located in Room C-452 of the Byron G. Rogers Courthouse. His telephone number is 303-335-2740. (Text only entry) (cmadr, )
October 4, 2024 Filing 12 RESPONSE TO ORDER TO SHOW CAUSE re #7 by Plaintiff Michael Kelley. (Attachments: #1 Exhibit Exhibit 1 - Arizona Drivers License Receipt)(Parker, Lorraine) Modified on 10/28/2024 to restrict #12 -1 to level 1 restriction per Chambers request (dgumb, ).
September 30, 2024 Filing 11 SUMMONS issued by Clerk. (Attachments: #1 Summons) (norlin, )
September 27, 2024 Filing 10 SUMMONS REQUEST as to William Bret Smith, D.O. by Plaintiff Michael Kelley. (Parker, Lorraine)
September 27, 2024 Filing 9 SUMMONS REQUEST as to Joshua Thun, DPM by Plaintiff Michael Kelley. (Parker, Lorraine)
September 27, 2024 Filing 8 AMENDED COMPLAINT against William Bret Smith, Joshua Thun, filed by Michael Kelley.(Parker, Lorraine)
September 25, 2024 Opinion or Order Filing 7 ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 9/25/2024. ORDERED that, on or before October 7, 2024, plaintiff shall show cause why this case should not be dismissed due to the Court's lack of subject matter jurisdiction. (dgumb, )
September 25, 2024 Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agryan)
September 25, 2024 Filing 5 REASSIGNING JUDGE. This case was originally assigned incorrectly, therefore has been randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Scott T. Varholak,. All future pleadings should be designated as 24-cv-02621-PAB. (Text Only Entry) (agryan)
September 25, 2024 Filing 4 CERTIFICATE of Review by Plaintiff Michael Kelley. (Parker, Lorraine)
September 23, 2024 Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No summons issued. (agryan)
September 23, 2024 Filing 2 Case assigned to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry. (agryan)
September 23, 2024 Filing 1 COMPLAINT against William Bret Smith, D.O., Joshua Thun D.P.M. (Filing fee $ 405,Receipt Number ACODC-9886042)Attorney Lorraine Elizabeth Parker added to party Michael Kelley(pty:pla), filed by Michael Kelley. (Attachments: #1 Civil Cover Sheet)(Parker, Lorraine)

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Plaintiff: Michael Kelley
Represented By: Lorraine Elizabeth Parker
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Defendant: Joshua Thun
Represented By: Robert McLeod
Represented By: Michelle Lynn Harden
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Defendant: William Bret Smith
Represented By: Thomas M. Evans
Represented By: Michael P. Foley
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