Lopez v. Cantex Health Care Centers II, LLC et al
| Todd Lopez |
| Cantex Continuing Care Network LLC, Cantex Health Care Centers III LLC, Medcare Mgmt. Holdings, Inc., Bratex, Inc., GOTEX Investments, Inc., Grant Koch Robb Investments, Ltd., Concord Wood Investments, Ltd., LB Belon, LLC, Farmington Health Care Center, Ltd. Co. doing business as Cedar Ridge Inn, Cantex Health Care Centers II LLC, Sandra Pena and David Hicks |
| 1:2023cv00915 |
| October 18, 2023 |
| US District Court for the District of New Mexico |
| Kirtan Khalsa |
| Kea W Riggs |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1441 Petition for Removal- Medical Malpractice |
| None |
Docket Report
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| Document Text |
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| Filing 16 REPLY to Response to Motion re #13 Second MOTION to Remand to State Court filed by Todd Lopez. (Astorga-Corral, Noe) |
Filing 15
ORDER FINDING GOOD CAUSE TO DELAY ENTRY OF SCHEDULING ORDER by Magistrate Judge Kirtan Khalsa. Pursuant to Federal Rule of Civil Procedure 16(b)(2), the Court FINDS good cause to delay entering a scheduling order at this time pending resolution of Plaintiff's Motion to Remand and Motion for Sanctions (Doc. 13). [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kmt)
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| Filing 14 RESPONSE in Opposition re #13 Second MOTION to Remand to State Court filed by Bratex, Inc., Cantex Continuing Care Network LLC, Cantex Health Care Centers III LLC, Concord Wood Investments, Ltd., GOTEX Investments, Inc., Grant Koch Robb Investments, Ltd., LB Belon, LLC, Medcare Mgmt. Holdings, Inc.. (Alvarez, Frank) |
| Filing 13 Second MOTION to Remand to State Court by Todd Lopez. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5) (Astorga-Corral, Noe) |
| Filing 12 NOTICE by Cantex Health Care Centers II LLC, Farmington Health Care Center, Ltd. Co. re #2 Notice of Removal,,,,,,,,,,,,,, Notice of Appearance and Notice of Consent (Alvarez, Frank) |
| Filing 11 CERTIFICATE OF SERVICE by Bratex, Inc., Cantex Continuing Care Network LLC, Cantex Health Care Centers III LLC, Concord Wood Investments, Ltd., GOTEX Investments, Inc., Grant Koch Robb Investments, Ltd., LB Belon, LLC, Medcare Mgmt. Holdings, Inc. (Alvarez, Frank) |
| Filing 10 CONSENT TO PROCEED Before a U.S. Magistrate Judge. Under 28 U.S.C. 636(c) and Fed.R.Civ.P. 73(b), Bratex, Inc., Cantex Continuing Care Network LLC, Cantex Health Care Centers II LLC, Cantex Health Care Centers III LLC, Concord Wood Investments, Ltd., Farmington Health Care Center, Ltd. Co., GOTEX Investments, Inc., Grant Koch Robb Investments, Ltd., David Hicks, LB Belon, LLC, Medcare Mgmt. Holdings, Inc., Sandra Pena voluntarily consent(s) to have United States District Judge Kea W. Riggs conduct dispositive proceedings in this matter, including motions and trial, and order the entry of final judgment. (Alvarez, Frank)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] |
| Filing 9 PLEASE TAKE NOTICE that this case has been reassigned to United States Magistrate Judge Kirtan Khalsa as the pretrial 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 Jennifer M. Rozzoni no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ng) |
| Filing 8 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Kea W. Riggs 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.] (ng) |
| Filing 7 Clerk's Minutes for proceedings held before Magistrate Judge Jennifer M. Rozzoni: Status Conference held on 10/24/2023. (ccp) |
| Filing 6 Defendant David Hicks' ANSWER to Complaint (Notice of Removal) First Amended Complaint by David Hicks. (Alvarez, Frank) |
| Filing 5 Defendant Sandra Pena's ANSWER to Complaint (Notice of Removal) First Amended Complaint, Subject to Arbitration by Sandra Pena. (Alvarez, Frank) |
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Filing 4
ORDER by Magistrate Judge Jennifer M. Rozzoni. Status Conference set for 10/24/2023 at 04:00 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Jennifer M. Rozzoni. (ccp)
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| Filing 3 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) |
| United States Magistrate Judge Laura Fashing and United States Magistrate Judge Jennifer M. Rozzoni assigned. (jg) |
| Office code correction. Case office code has been changed from 6 (Santa Fe) to 1 (Albuquerque). (jg) |
| Filing 2 NOTICE OF REMOVAL by All Defendants from First District Court, case number D-101-CV-2022-01675. ( Filing Fee - Online Payment), filed by All Defendants. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Petition to Appoint Todd Lopez as PR, #3 Exhibit Amended Petition to Appoint Todd Lopez as PR, #4 Exhibit Complaint for Wrongful Death, #5 Exhibit Pl's Jury Demand 12 Jury Panel, #6 Exhibit Order on Amended Petition to Appoint Todd Lopez as PR, #7 Exhibit COS Cantex svd on 10-3-2022, #8 Exhibit COS Farmington svd on 10-3-2022, #9 Exhibit Notice of Removal 2022.11.01, #10 Exhibit Order Remanding Case, #11 Exhibit Def Notice of Appeal, #12 Exhibit P Expedited Mtn to Amend Complaint, #13 Exhibit RFH P Expedited Mtn to Amend Complaint, #14 Exhibit P MTC Deem Facts Admitted Costs, #15 Exhibit RFH P MTC Deem Facts Admitted Costs, #16 Exhibit Rsp In Opp to Mtn for Leave to File Amend Complaint, #17 Exhibit D MFPO Staying Disc, #18 Exhibit RESP in OPP to MTC to Deem Facts Admitted, #19 Exhibit P Reply ISO Expedited MFL to File P 1st Amd Complaint, #20 Exhibit NOCB P's Expedited Mtn to Amend, #21 Exhibit P's Resp.to MPO - Begay VF, #22 Exhibit NOCB P's Expedited MTC Discovery, #23 Exhibit P Reply ISO MTC Disc to Deem Facts Admitted, #24 Exhibit NOH P's Expedited MFL to File 1st Amd Complaint, #25 Exhibit Unopposed MTV & Reset Hrg MFL to File Amended Complai, #26 Exhibit Order Granting Unopposed MTV & Reset 5.22.23 hearing, #27 Exhibit Ds Reply to P Resp in Opp to MPO Staying Disc, #28 Exhibit Order Granting Expedited MFL to File Amd Complaint, #29 Exhibit Ps Notice of Supp Authority re to Ps Expedited MTC Disc, #30 Exhibit Ps Notice of Supp Authority re Expedited MFL to File Amended, #31 Exhibit Ps Notice of Supp Authority re to Ds MPO Staying Dis, #32 Exhibit P First Amd Complaint, #33 Exhibit NCB re D's Motion for Protective Order, #34 Exhibit RFH re D's Motion for Protective Order, #35 Exhibit Cantex HC Centers II Answer to First Amended Complain, #36 Exhibit Farmington Answer to First Amended Complaint, #37 Exhibit Jury Demand Subject to Removal, #38 Exhibit NOH P's Exp MTC, MTD Facts Admitted & Costs, #39 Exhibit NOH D's MPO Staying Discov, #40 Exhibit Amend NOH P's Exp MTC, Deem Facts & for Costs, #41 Exhibit Amend NOH Ds MPO Staying Disc, #42 Exhibit COS on ROS - Bratex, #43 Exhibit COS on ROS - Cantex Continuing Care Network LLC, #44 Exhibit COS on ROS - Cantex Health Care Centers III LLC, #45 Exhibit COS on ROS - Concord Wood Investments Inc, #46 Exhibit COS on ROS - David Hicks, #47 Exhibit COS on ROS - GOTEX, #48 Exhibit COS on ROS - Grant Koch Robb, #49 Exhibit COS on ROS - LB Belon LLC, #50 Exhibit COS on ROS - Medcare Mgmt Holdings Inc, #51 Exhibit COS on ROS - Sandra Pena, #52 Exhibit Correctd COS ROS Concord Wood Investment Inc, #53 Exhibit Corrected COS ROS-Cantex Continuing Care Network LLC, #54 Exhibit Answer for Bratex to Amend Comp subj to removal, #55 Exhibit Answer for Cantex III to Amend Comp subj to removal., #56 Exhibit Answer for CCCN to Amend Comp subj to removal., #57 Exhibit Answer for Concord Wood to Amend Comp subj to removal, #58 Exhibit Answer for Gotex to Amend Comp subj to removal, #59 Exhibit Answer for Medcare to Amend Comp subj to removal., #60 Exhibit Answer for Grant Koch to Amend Comp subj to removal., #61 Exhibit Answer for LB Belon to Amend Comp subj to removal)(Alvarez, Frank) |
| Filing 1 NOTICE by Bratex, Inc., Cantex Continuing Care Network LLC, Cantex Health Care Centers III LLC, Concord Wood Investments, Ltd., GOTEX Investments, Inc., Grant Koch Robb Investments, Ltd., LB Belon, LLC, Medcare Mgmt. Holdings, Inc. of Removal (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Petition to Appoint Todd Lopez as PR, #3 Exhibit Amended Petition to Appoint Todd Lopez as PR, #4 Exhibit Complaint for Wrongful Death, #5 Exhibit Pl's Jury Demand 12 Jury Panel, #6 Exhibit Order on Amended Petition to Appoint Todd Lopez as PR, #7 Exhibit COS Cantex svd on 10-3-2022, #8 Exhibit COS Farmington svd on 10-3-2022, #9 Exhibit Notice of Removal 2022.11.01, #10 Exhibit Order Remanding Case, #11 Exhibit Def Notice of Appeal, #12 Exhibit P Expedited Mtn to Amend Complaint, #13 Exhibit RFH P Expedited Mtn to Amend Complaint, #14 Exhibit P MTC Deem Facts Admitted Costs, #15 Exhibit RFH P MTC Deem Facts Admitted Costs, #16 Exhibit Rsp In Opp to Mtn for Leave to File Amend Complaint, #17 Exhibit D MFPO Staying Disc, #18 Exhibit RESP in OPP to MTC to Deem Facts Admitted, #19 Exhibit P Reply ISO Expedited MFL to File P 1st Amd Complaint, #20 Exhibit NOCB P's Expedited Mtn to Amend, #21 Exhibit P's Resp.to MPO - Begay VF, #22 Exhibit NOCB P's Expedited MTC Discovery, #23 Exhibit P Reply ISO MTC Disc to Deem Facts Admitted, #24 Exhibit NOH P's Expedited MFL to File 1st Amd Complaint, #25 Exhibit Unopposed MTV & Reset Hrg MFL to File Amended Complai, #26 Exhibit Order Granting Unopposed MTV & Reset 5.22.23 hearing, #27 Exhibit Ds Reply to P Resp in Opp to MPO Staying Disc, #28 Exhibit Order Granting Expedited MFL to File Amd Complaint, #29 Exhibit Ps Notice of Supp Authority re to Ps Expedited MTC Disc, #30 Exhibit Ps Notice of Supp Authority re Expedited MFL to File Amended, #31 Exhibit Ps Notice of Supp Authority re to Ds MPO Staying Dis, #32 Exhibit P First Amd Complaint, #33 Exhibit NCB re D's Motion for Protective Order, #34 Exhibit RFH re D's Motion for Protective Order, #35 Exhibit Cantex HC Centers II Answer to First Amended Complain, #36 Exhibit Farmington Answer to First Amended Complaint, #37 Exhibit Jury Demand Subject to Removal, #38 Exhibit NOH P's Exp MTC, MTD Facts Admitted & Costs, #39 Exhibit NOH D's MPO Staying Discovery, #40 Exhibit Amend NOH P's Exp MTC, Deem Facts & for Costs, #41 Exhibit Amend NOH Ds MPO Staying Disc, #42 Exhibit COS on ROS - Bratex, #43 Exhibit COS on ROS - Cantex Continuing Care Network LLC, #44 Exhibit COS on ROS - Cantex Health Care Centers III LLC, #45 Exhibit COS on ROS - Concord Wood Investments Inc, #46 Exhibit COS on ROS - David Hicks, #47 Exhibit COS on ROS - GOTEX., #48 Exhibit COS on ROS - Grant Koch Robb, #49 Exhibit COS on ROS - LB Belon LLC, #50 Exhibit COS on ROS - Medcare Mgmt Holdings Inc, #51 Exhibit COS on ROS - Sandra Pena, #52 Exhibit Correctd COS ROS Concord Wood Investment Inc, #53 Exhibit Corrected COS ROS-Cantex Continuing Care Network LLC, #54 Exhibit Answer for Bratex to Amend Comp subj to remova, #55 Exhibit Answer for Cantex III to Amend Comp subj to removal, #56 Exhibit Answer for CCCN to Amend Comp subj to removal, #57 Exhibit Answer for Concord Wood to Amend Comp subj to removal, #58 Exhibit Answer for Gotex to Amend Comp subj to removal, #59 Exhibit Answer for Medcare to Amend Comp subj to removal, #60 Exhibit Answer for Grant Koch to Amend Comp subj to removal, #61 Exhibit Answer for LB Belon to Amend Comp subj to removal.) (Alvarez, Frank) |
| Filing and Administrative Fees Received: $ 402 receipt number BNMDC-9054072 re #2 Notice of Removal,,,,,,,,,,,,,, filed by LB Belon, LLC, Bratex, Inc., Medcare Mgmt. Holdings, Inc., Cantex Continuing Care Network LLC, GOTEX Investments, Inc., Grant Koch Robb Investments, Ltd., Cantex Health Care Centers III LLC, Concord Wood Investments, Ltd. (Payment made via Pay.gov)(Alvarez, Frank) |
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