Silva Jaquez v. USA
Plaintiff: Marcela J Silva Jaquez
Defendant: USA, PorterCare Adventist Health System doing business as Avista Adventist Hospital, Phillip Jeffrey Keppler and Madeline Lahman Cole
Case Number: 1:2024cv03053
Filed: October 31, 2024
Court: U.S. District Court for the District of Colorado
Presiding Judge: Robert E Blackburn
Referring Judge: Kathryn A Starnella
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Medical Malpractice
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 27, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 27, 2024 Opinion or Order Filing 25 ORDER granting #24 Motion for Extension of Time to File Response/Reply. Plaintiff's Response to Defendant's Motion To Dismiss is due 1/19/2025. By Judge Robert E. Blackburn on 12/27/2024. Text Only Entry (rebsec)
December 26, 2024 Filing 24 MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss for Lack of Jurisdiction by Plaintiff Marcela J Silva Jaquez. (Martinez, Leonard)
December 20, 2024 Opinion or Order Filing 23 ORDER REFERRING MOTION(S): #22 Unopposed MOTION for Extension of Time to Designate a Non-party at Fault filed by USA. Motion referred to Magistrate Judge Kathryn A. Starnella by Judge Robert E. Blackburn on 12/20/2024. Text Only Entry (reblc2)
December 20, 2024 Filing 22 Unopposed MOTION for Extension of Time to Designate a Non-party at Fault by Defendant USA. (Kelley, Erika)
December 16, 2024 Opinion or Order Filing 21 ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kathryn A. Starnella on 16 December 2024. Proposed Scheduling Order due 2/4/2025. Scheduling Conference set for 2/11/2025 11:00 AM in Courtroom C204 before Magistrate Judge Kathryn A. Starnella. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document) (cmadr, )
December 9, 2024 Filing 20 MOTION to Dismiss for Lack of Jurisdiction by Defendant USA. (Attachments: #1 Exhibit A - Declaration of Frances M. Recio)(Kelley, Erika)
November 20, 2024 Filing 19 NOTICE of Entry of Appearance by Leonard A Martinez on behalf of Marcela J Silva Jaquez (Martinez, Leonard)
November 20, 2024 Filing 18 NOTICE of Entry of Appearance by Leonard A Martinez on behalf of Marcela J Silva JaquezAttorney Leonard A Martinez added to party Marcela J Silva Jaquez(pty:pla) (Martinez, Leonard)
November 7, 2024 Opinion or Order Filing 17 ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella: IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge: (1) To convene a scheduling conference under FED. R. CIV. P. 16(b), enter a Scheduling Order that satisfies the requirements of D.C.COLO.LCivR 16.2, and enter such orders as appropriate to enforce the Scheduling order and resolve discovery matters; provided, further that the scheduling conference, the Magistrate Judge shall advise the parties of Judge Blackburn's practice standards found at www.cod.uscourts.gov.; (2) To hear and finally determine non-dispositive matters that have been referred, subject to the exceptions found in 28 U.S.C. 636(b)(1)(A); and (3) To hear and make recommendations on dispositive matters that have been referred as defined in 28 U.S.C. 636(b)(1)(A). Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 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 Robert E. Blackburn on 11/7/2024. Text Only Entry (rebsec)
November 6, 2024 Opinion or Order Filing 16 ORDER granting #15 Unopposed Motion for Extension of Time to Answer or Otherwise Respond All Defendants. By Judge Robert E. Blackburn on 11/6/2024. Text Only Entry (rebsec)
November 4, 2024 Filing 15 MOTION for Extension of Time to File Answer or Otherwise Respond re #7 Amended Complaint on or before December 9, 2024 by Defendant USA. (Kelley, Erika)
October 31, 2024 Filing 14 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (echa, )
October 31, 2024 Filing 13 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (echa, )
October 31, 2024 Filing 12 STATE COURT ORDER Setting Status Conference by J Chris Larson, District Court Judge, Boulder County on 10/30/2024. (echa, )
October 31, 2024 Filing 11 STATE COURT ORDER GRANTING Motion for Extension of Time to Respond to Plaintiff's Complaint for Damages and Demand for Trial by Jury by District Court Judge, Boulder County on 04/22/2024. (echa, )
October 31, 2024 Filing 10 STATE COURT ORDER GRANTING Motion for Extension of Time to File a Response to Plaintiff's Complaint and Jury Demand by J Chris Larson, District Court Judge, Boulder County on 06/10/2024. (echa, )
October 31, 2024 Filing 9 AFFIDAVIT of Service of Summons for Avista Adventist, Plaintiff's Complaint for Damages and Demand for Trial by Jury, District Court Civil (CV) Case Cover Sheet for Initial Pleading of Complaint, Counterclaim, Cross-claim or Third-Party Complaint upon Portercare Adventist Health System on 04/02/2024, filed by Plaintiff Marcela J Silva Jaquez. (echa, )
October 31, 2024 Filing 8 AFFIDAVIT of Service of Summons for Madeline Cole, Plaintiff's Complaint for Damages and Demand for Trial by Jury, District Court Civil (CV) Case Cover Sheet for Initial Pleading of Complaint, Counterclaim, Cross-Claim or Third-Party Complaint upon Madeline Lahman Cole, M.D. on 04/02/2024, filed by Plaintiff Marcela J Silva Jaquez. (echa, )
October 31, 2024 Filing 7 SECOND AMENDED COMPLAINT against Madeline Lahman Cole, M.D., Philip Jeffrey Keppeler, M.D., and Portercare Adventist Health System filed by Marcela J Silva Jaquez.(echa, )
October 31, 2024 Filing 6 AMENDED COMPLAINT against Madeline Lahman Cole, M.D., Phillip Jeffrey Keppler, M.D., and Portercare Adventist Health System filed by Marcela J Silva Jaquez.(echa, )
October 31, 2024 Filing 5 COMPLAINT against Madeline Lahman Cole, M.D., Phillip Jeffrey Keppler, M.D., and Portercare Adventist Health System filed by Marcela J Silva Jaquez.(echa, )
October 31, 2024 Filing 4 ADMINISTRATIVE REMINDER to Filer. 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. Section 1446a when filing a Notice of Removal. (Text only entry.) (echa, )
October 31, 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) (echa, )
October 31, 2024 Filing 2 NOTICE of State Court Pleadings by Defendant United States of America (Attachments: #1 Exhibit A - Complaint, Summons, and Coversheet, #2 Exhibit B - Amended Complaint, #3 Exhibit C - Stipulated Motion for Extension of Time, #4 Exhibit D - Order re Stipulated Motion for Extension of TIme, #5 Exhibit E - Return of Service for Avista, #6 Exhibit F - Return of Service for Cole, #7 Exhibit G - Second Amended Complaint, #8 Exhibit H - Motion to dismiss Adventist, #9 Exhibit I - PENDING MOTION for default Silva, #10 Exhibit J - PENDING MOTION to set aside default, #11 Exhibit K - Motion for Extension of Time, #12 Exhibit L - Order Granting Motion for Extension of Time, #13 Exhibit M - Notice of Filing Removal, #14 Exhibit N - Order Remanding to State Court from District Court, #15 Exhibit O - Order Setting Status Conference)(Kelley, Erika)
October 31, 2024 Filing 1 NOTICE OF REMOVAL by United States of America from Boulder County, Case Number 2024CV030254., filed by United States of America. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit A - Second Amended Complaint, #4 Exhibit B - Acting United States Attorney Certification)(Kelley, Erika)

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Plaintiff: Marcela J Silva Jaquez
Represented By: Leonard A Martinez
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Defendant: USA
Represented By: Erika A. Kelley
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Defendant: PorterCare Adventist Health System doing business as Avista Adventist Hospital
Represented By: Erika A. Kelley
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Defendant: Phillip Jeffrey Keppler
Represented By: Erika A. Kelley
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Defendant: Madeline Lahman Cole
Represented By: Erika A. Kelley
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