Gaylord v. Laboratory Corporation of America
Plaintiff: Jeffrey Gaylord
Defendant: Laboratory Corporation of America doing business as LabCorp
Case Number: 1:2026cv02515
Filed: June 5, 2026
Court: U.S. District Court for the District of Colorado
Presiding Judge: Philip A Brimmer
Referring Judge: Susan Prose
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1446 mm - Notice of Removal -- Medical Malpractice
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 3, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2026 Opinion or Order Filing 20 ORDER REFERRING CASE to Magistrate Judge Susan Prose for non-dispositive matters. 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, and (4) conduct a pretrial conference and enter a pretrial order. 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 Philip A. Brimmer on 8/03/2026. Text Only Entry (pabsec, )
July 31, 2026 Filing 19 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Jeffrey Gaylord for Jeffrey Gaylord. (Viorst, Anthony)
July 31, 2026 Opinion or Order Filing 18 MINUTE ORDER by Judge Philip A. Brimmer on 7/31/2026. The Notice of Removal asserts that plaintiff is a citizen of Colorado, Docket No. #1 at 3, but for support cites to the complaint, which states that plaintiff is a resident of Colorado. Docket No. #6 at 2. Residency, however, is not the equivalent of citizenship. Whitelock v. Leatherman, 460 F.2d 507, 514 (10th Cir. 1972) ("allegations of mere 'residence' may not be equated with 'citizenship' for the purposes of establishing diversity."). Based on defendant's representation that the Court has diversity jurisdiction pursuant to 28 U.S.C. 1332, Docket No. #1 at 3, Federal Rule of Civil Procedure 7.1(a)(2) requires that each party file a disclosure of its citizenship. Rule 7.1, as amended in December 2022, states that, "[i]n an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party... must, unless the court orders otherwise, file a disclosure statement. The statement must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party... when the action is filed in or removed to federal court." Fed. R. Civ. P. 7.1(a)(2)(A). "For purposes of federal diversity jurisdiction, an individual's state citizenship is equivalent to domicile." Smith v. Cummings, 445 F.3d 1254, 1259 (10th Cir. 2006). "To establish domicile in a particular state, a person must be physically present in the state and intend to remain there." Id. at 1260. On or before August 7, 2026, plaintiff Jeffrey Gaylord shall file a disclosure statement in accordance with Rule 7.1 identifying his citizenship at the time of removal. Text Only Entry (pabsec, )
July 30, 2026 Filing 17 CASE REASSIGNED Pursuant to #16 Consent to Jurisdiction of Magistrate Judge. Case randomly reassigned to Judge Philip A. Brimmer and drawn to Magistrate Judge Susan Prose. All parties do not consent. All future pleadings should be designated as 26-cv-02515-PAB. (Text Only Entry) (ccuen, )
July 30, 2026 Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Defendant Laboratory Corporation of America All parties do not consent.. (McHugh, Caitlin)
July 2, 2026 Filing 15 ANSWER to #6 Complaint by Laboratory Corporation of America.(McHugh, Caitlin)
June 12, 2026 Opinion or Order Filing 14 ORDER GRANTING Defendant's #13 Unopposed Motion for Extension of Time by Magistrate Judge Susan Prose on June 12, 2026. Defendant Laboratory Corporation of America d/b/a Labcorp's Answer due July 3, 2026. Text Only Entry (sbplc11)
June 10, 2026 Filing 13 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #6 Complaint by Defendant Laboratory Corporation of America. (McHugh, Caitlin)
June 8, 2026 Filing 5 NOTICE of Entry of Appearance by Kendra N. Beckwith on behalf of Laboratory Corporation of America dba LabcorpAttorney Kendra N. Beckwith added to party Laboratory Corporation of America dba Labcorp(pty:dft) (Beckwith, Kendra)
June 5, 2026 Filing 12 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (angar, )
June 5, 2026 Filing 11 Case assigned to Magistrate Judge Susan Prose. Text Only Entry (angar, )
June 5, 2026 Filing 10 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) (angar, )
June 5, 2026 Filing 9 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.) (angar, )
June 5, 2026 Filing 8 STATE COURT ORDER - Order Granting Defendant's Unopposed Motion for Extension of Time, entered by Kimberly B. Schutt, Weld County Judge on 5/27/2026. (angar, )
June 5, 2026 Filing 7 RETURN of Service of Summons upon Laboratory Corporation of America on 5/7/2026 (angar, )
June 5, 2026 Filing 6 COMPLAINT and Jury Demand against Laboratory Corporation of America, filed by Jeffrey Gaylord.(angar, )
June 5, 2026 Filing 4 NOTICE of Entry of Appearance by Anthony Jacob Viorst on behalf of Jeffrey GaylordAttorney Anthony Jacob Viorst added to party Jeffrey Gaylord(pty:pla) (Viorst, Anthony)
June 5, 2026 Filing 3 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Labcorp Holdings Inc, Corporate Parent Laboratory Corporation of America Holdings for Laboratory Corporation of America dba Labcorp. (McHugh, Caitlin)
June 5, 2026 Filing 2 NOTICE of Filing State Court Records by Defendant Laboratory Corporation of America dba Labcorp (Attachments: #1 Exhibit A - Register of Actions, #2 Complaint, #3 State Civil Cover Sheet, #4 Summons, #5 Civil Case Procedures Order, #6 Return of Service, #7 Defendants Unopposed Motion for Extension of Time to Answer or Otherwise Respond, #8 Proposed Order re Defendant's Unopposed Motion for Extension of Time to Answer or Otherwise Respond, #9 Order Granting Defendants Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs Complaint)(McHugh, Caitlin)
June 5, 2026 Filing 1 NOTICE OF REMOVAL by Laboratory Corporation of America dba Labcorp from District Court, Weld County, Colorado, Case Number 2026CV30537. (Filing fee $ 405, Receipt Number ACODC-11062051), filed by Laboratory Corporation of America dba Labcorp. (Attachments: #1 Exhibit A Complaint, #2 Exhibit B Notice of Service of Process, #3 Exhibit C Summons, #4 Exhibit D Notice of Filing Notice of Removal, #5 Exhibit E Labcorp Cert Incorp, #6 Exhibit F State Ct Civil Cover Sheet, #7 Civil Cover Sheet)(McHugh, Caitlin)

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Plaintiff: Jeffrey Gaylord
Represented By: Anthony Jacob Viorst
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Defendant: Laboratory Corporation of America doing business as LabCorp
Represented By: Caitlin C. McHugh
Represented By: Kendra N. Beckwith
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