Wirth et al v. PHC Las Cruces Inc. et al
| Santiago Ortiz, Sandra Correa and Peter Wirth |
| M.D. Vittorio Taleon, Ifeyinwa Obi, Lifepoint RC, Inc., La Clinica De Familia, Inc., First Step Center, Inc., PHC Las Cruces Inc., R.N. Linda Vasquez, Lifepoint Health, Inc., PHC Las Cruces Inc. doing business as Memorial Medical Center of Las Cruces, Vittorio Taleon and Linda Vasquez |
| 1:2020cv01340 |
| December 22, 2020 |
| US District Court for the District of New Mexico |
| William P Johnson |
| Kirtan Khalsa |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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Filing 26
CERTIFICATE OF SERVICE by PHC Las Cruces Inc. for Defendant PHC-Las Cruces, Inc. d/b/a Memorial Medical Center's First Set of Written Discovery Requests to Plaintiffs (Osterman, Brian)
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Filing 25
ORDER VACATING INITIAL SCHEDULING CONFERENCE AND FINDING GOOD CAUSE TO DELAY SCHEDULING ORDER by Magistrate Judge Kirtan Khalsa. The Telephonic Rule 16 Initial Scheduling Conference previously set for 2/16/2021 at 9:30 AM (Doc. 5) is vacated. Plaintiffs' request for an opportunity to conduct discovery, amend pleadings, and submit supplemental briefing regarding the United States' Motion for Substitution of Parties and Memorandum in Support (Doc. 16), as set forth in Plaintiffs' Response Opposing United States' Motion for Substitution of Specified Parties (Doc. 18), is denied without prejudice. (kmt)
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Filing 24
PLEASE TAKE NOTICE that this case has been reassigned to United States Chief District Judge William P. Johnson as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Magistrate Judge Laura Fashing no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp)
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Filing 23
NOTICE of Briefing Complete by All Defendants re #16 MOTION to Substitute Party filed by First Step Center, Inc., Ifeyinwa Obi, Vittorio Taleon, La Clinica De Familia, Inc. (Ortega, Roberto)
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Filing 22
REPLY to Response to Motion re #16 MOTION to Substitute Party filed by First Step Center, Inc., La Clinica De Familia, Inc., Lifepoint Health, Inc., Lifepoint RC, Inc., Ifeyinwa Obi, PHC Las Cruces Inc., Vittorio Taleon, Linda Vasquez. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F) (Ortega, Roberto)
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Filing 21
ORDER SETTING REPLY DEADLINE by Magistrate Judge Kirtan Khalsa. It is hereby ordered that the United States of America may file a reply in support of its Motion for Substitution of Parties and Memorandum in Support (Doc. 16) no later than Wednesday, February 10, 2021. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kmt)
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Filing 20
CERTIFICATE OF SERVICE by Lifepoint Health, Inc. (Sommer, Eric)
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Filing 19
CERTIFICATE OF SERVICE by PHC Las Cruces Inc., Linda Vasquez Rule 26(a) Initial Disclosures (Osterman, Brian)
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Filing 18
RESPONSE in Opposition re #16 MOTION to Substitute Party filed by Sandra Correa. (Cervantes, Joseph)
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Filing 17
CERTIFICATE OF SERVICE by Sandra Correa Plaintiffs' Initial Disclosures (Cervantes, Joseph)
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Filing 16
MOTION to Substitute Party by First Step Center, Inc., La Clinica De Familia, Inc., Ifeyinwa Obi, Vittorio Taleon. (Ortega, Roberto)
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Filing 15
AMENDED NOTICE OF REMOVAL by La Clinica De Familia, Inc., Vittorio Taleon, First Step Center, Inc., Ifeyinwa Obi AMENDED from First Judicial District Court State of New Mexico, case number D-101-CV-2020-01561. ( Filing Fee - Waived), filed by La Clinica De Familia, Inc., Vittorio Taleon, First Step Center, Inc., Ifeyinwa Obi. (Attachments: #1 Exhibit Exhibit #1, #2 Exhibit Exhibit #2)(Ortega, Roberto) Modified on 2/1/2021 (arp).
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Filing 14
NOTICE of Appearance by Brian Scott Osterman, I on behalf of PHC Las Cruces Inc., Linda Vasquez (Osterman, Brian)
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Filing 13
ORDER TO FILE MOTION by Magistrate Judge Kirtan Khalsa. (glg)
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Filing 12
ANSWER to Complaint (Notice of Removal) by First Step Center, Inc., La Clinica De Familia, Inc., Ifeyinwa Obi, Vittorio Taleon. (Ortega, Roberto)
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Filing 11
ANSWER to Complaint (Notice of Removal) for Medical Negligence, Wrongful Death, Loss of Consortium and Negligent Infliction of Emotional Distress and Request for 12-Person Jury Trial by PHC Las Cruces Inc.. (Kuhn, Kevin)
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Filing 10
ANSWER to Complaint (Notice of Removal) for Medical Negligence, Wrongful Death, Loss of Consortium and Negligent Infliction of Emotional Distress and Request for 12-Person Jury Trial by Linda Vasquez. (Kuhn, Kevin)
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Filing 9
NOTICE by First Step Center, Inc., La Clinica De Familia, Inc., Ifeyinwa Obi, Vittorio Taleon of Substitution by the United States of America (Ortega, Roberto)
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Filing 8
ORDER GRANTING #7 United States of America's Motion for Extension of Time to Answer by Magistrate Judge Kirtan Khalsa. Defendants Taleon, Obi, LCDF First Step, and La Clinica de Familia Inc. Answers are due 1/28/2021. (glg)
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Filing 7
MOTION for Extension of Time to File Answer re #1 Notice of Removal, Answer to Plaintiffs' Complaint by First Step Center, Inc., La Clinica De Familia, Inc., Ifeyinwa Obi, Vittorio Taleon. (Ortega, Roberto)
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Filing 6
ORDER EXTENDING DEFENDANTS MMC AND NURSE VASQUEZ'S ANSWER DEADLINE by Magistrate Judge Kirtan Khalsa. With no response in opposition filed to Defendants' Motion for Extension of Time to Respond to Complaint, (Doc. 3), and pursuant to the Court's Order in Document 4, the Court GRANTS Defendants MMC and Nurse Vasquez's Motion and the Answer is due January 4, 2021. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (glg)
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Filing 5
INITIAL SCHEDULING ORDER by Magistrate Judge Kirtan Khalsa. Counsel are to meet and confer by 1/22/2021. The parties' Joint Status Report and Provisional Discovery Plan is due by 2/5/2021. A Telephonic Rule 16 Initial Scheduling Conference is set for 2/16/2021 at 9:30 AM before Judge Khalsa. Counsel are to call the Court's AT&T conference line at (877) 848-7030 and enter the code 7324132 to connect to the proceedings. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 2/10/2021. (glg)
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Filing 4
This matter is before the Court on Defendants' PHC-Las Cruces, Inc. d/b/a Memorial Medical Center of Las Cruces ("MMC") and Linda Vasquez, RN ("Nurse Vasquez") Motion for a 6-Day Extension to Respond to Complaint. (Doc. 3). It appearing from the Motion that good cause exists to grant it, the Court will permit Plaintiffs or any other party opposing the motion to file a response in opposition, if any, no later than 10:00 am on December 29, 2020. If no opposition is filed by the deadline set forth herein, this Order will effectively extend Defendants MMC and Nurse Vasquez's deadline to file an Answer to January 4, 2021. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (glg)
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Filing 3
MOTION for Extension of Time to File Answer re #1 Notice of Removal, by PHC Las Cruces Inc., Linda Vasquez. (Kuhn, Kevin)
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Filing 2
PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Laura Fashing to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
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United States Magistrate Judge Laura Fashing and United States Magistrate Judge Kirtan Khalsa assigned. (jg)
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Filing 1
NOTICE OF REMOVAL by La Clinica De Familia, Inc., Vittorio Taleon, First Step Center, Inc., Ifeyinwa Obi from First Judicial District Court, case number D-101-CV-2020-01561. ( Filing Fee - Waived), filed by La Clinica De Familia, Inc., Vittorio Taleon, First Step Center, Inc., Ifeyinwa Obi. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2)(Ortega, Roberto)
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