Lange v. Matthews-Vu Medical Group, P.C. et al

Colorado District Court
Judge:Nina Y Wang
Referred: Maritza Dominguez Braswell
Case #: 1:22-cv-00086
Nature of Suit362 Torts - Personal Injury - Medical Malpractice
Cause28:1332 Diversity-Medical Malpractice
Case Filed:Jan 12, 2022
Terminated:Nov 15, 2022
Last checked: Tuesday Jul 12, 2022 3:02 AM MDT
Defendant
Anneliese Hale
Represented By
Amy E. Cook-Olson
Klein Cook Olson, LLC
contact info
Angela Lund Klein
Klein Cook Olson, LLC
contact info
Defendant
Matthews-Vu Medical Group, P.C.
Represented By
Amy E. Cook-Olson
Klein Cook Olson, LLC
contact info
Angela Lund Klein
Klein Cook Olson, LLC
contact info
Plaintiff
Douglas K. Lange
Represented By
John J. Astuno, Jr.
John Astuno, Jr., LLC
contact info
TERMINATED PARTIES
Defendant
Mark
Terminated: 02/03/2022


Docket last updated: 04/27/2025 11:59 PM MDT
Tuesday, November 15, 2022
45 45 motion Dismiss Tue 11/15 12:38 PM
Stipulated MOTION to Dismiss by Defendant Matthews-Vu Medical Group, P.C.. (Cook-Olson, Amy)
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order Order on Motion to Dismiss Tue 11/15 5:51 PM
MINUTE ORDER: Pending before the Court is the Parties'45 Stipulated Motion to Dismiss All Claims With Prejudice, wherein the Parties jointly stipulate to the dismissal, with prejudice, of all claims against Defendant Matthews-Vu Medical Group, P.C., pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The Court construes the Stipulated Motion as self-effectuating pursuant to Rule 41(a)(1)(A)(ii). Accordingly, the Court GRANTS the Stipulated Motion and DIRECTS the Clerk of Court to terminate this action from the Court's docket. By Judge Nina Y. Wang on 11/15/2022. Text Only Entry (nywlc4,)
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notice Notice (Other) Wed 11/16 4:08 PM
Civil Case Terminated pursuant to the Minute Order 46 filed in this case on 11/15/2022. Text Only Entry. (trvo, )
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Friday, September 30, 2022
order Memorandum Fri 09/30 2:01 PM
MEMORANDUM regarding42 Joint MOTION for Extension of Time to Disclose Expert Witnesses and Extend Discovery Deadlines filed by Douglas K. Lange. Motion referred to Magistrate Judge Maritza Dominguez Braswell. By Judge Nina Y. Wang on 09/30/22. Text Only Entry (nywlc4,)
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order Order on Motion for Extension of Time to File Fri 09/30 2:20 PM
MINUTE ORDER granting42 Joint Motion for Extension of Discovery Deadlines. Plaintiff's affirmative expert disclosure deadline is extended to November 15, 2022. Defendant's affirmative and rebuttal expert disclosure deadline is extended to December 15, 2022. Plaintiff's rebuttal expert disclosure deadline is extended to January 5, 2023. Discovery cut-off is extended to February 2, 2023. The dispositive motions deadline is extended to March 6, 2023. SO ORDERED by Magistrate Judge Maritza Dominguez Braswell on 09/30/22. Text Only Entry(mdblc2)
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Thursday, September 22, 2022
42 42 motion Extension of Time Thu 09/22 9:26 AM
Joint MOTION for Extension of Time to Disclose Expert Witnesses and Extend Discovery Deadlines by Plaintiff Douglas K. Lange. (Astuno, John)
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Friday, August 26, 2022
order Minute Order Fri 08/26 4:51 PM
MINUTE ORDER: This matter is before the court on the Stipulation of Dismissal: PA Hale as a Defendant38 , wherein the Parties stipulate to the dismissal, with prejduice, of all claims individually against Defendant Anneliese Hale, P.A. pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The court construes the Stipulation as self-effectuating pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). See Van Leeuwen v. Bank of Am., N.A. , 304 F.R.D. 691, 697 (D. Utah 2015) (holding that, while Rule 41(a) does not permit dismissal of fewer than all claims against any single defendant, Rule 41(a) does permit dismissal of all claims against one of multiple defendants, which thus permits that defendant to be dismissed from the case) (distinguishing Gobbo Farms & Orchards v. Poole Chem. Co. , 81 F.3d 122, 123 (10th Cir. 1996)); Carnett v. Watts , No. 15-cv-02437-RM-KMT, 2016 WL 705986, at *1 (D. Colo. Feb. 23, 2016) (finding that, "in most instances... it is immaterial whether [a stipulated dismissal of a party from an action involving more than one defendant] is effectuated under Rule 21 or 41"). Accordingly, the Clerk of Court is DIRECTED to terminate Defendant Anneliese Hale, P.A. from this action. By Judge Nina Y. Wang on 8/26/2022. Text Only Entry (nywlc3, )
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utility Terminate Party - PUBLIC Mon 08/29 8:55 AM
***Party Anneliese Hale (P.A.) terminated pursuant to the Minute Order 40 filed in this case on 8/26/2022. Text Only Entry. (trvo, )
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Wednesday, August 24, 2022
39 39 misc Status Report Wed 08/24 12:39 PM
Joint STATUS REPORT by Plaintiff Douglas K. Lange. (Astuno, John)
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38 38 misc Stipulation of Dismissal of Party Wed 08/24 12:37 PM
STIPULATION of Dismissal of Party Anneliese Hale, P.A. by Plaintiff Douglas K. Lange. (Astuno, John)
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Monday, August 08, 2022
misc Reassigning Judge Mon 08/08 2:50 PM
REASSIGNMENT OF JUDGE. This action is reassigned to Judge Nina Y. Wang upon her appointment as United States District Judge. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained. Judge Wang is located in Courtroom 502 in the Alfred A. Arraj Courthouse and her chambers is in A-532. Her telephone number is (303) 335-2600. All future pleadings should be designated as 22-cv-00086-NYW-MDB. (Text only entry) (agarc, )
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Thursday, July 07, 2022
misc Reassigning Magistrate Judge Thu 07/07 2:54 PM
REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Maritza Dominguez Braswell, upon her appointment. All future pleadings should reference Magistrate Judge Dominguez Braswell at the end of the civil action number (such as 22-cv-00086-RMR-MDB). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Dominguez Braswell in Suite 100. Her chambers are located at 212 North Wasatch Avenue, Suite 100, Colorado Springs, CO 80903. Her telephone number is 719-575-0328..(Text Only Entry) (sphil, )
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Wednesday, July 06, 2022
order Order on Motion to Amend/Correct/Modify Wed 07/06 9:07 AM
ORDER denying34 Joint Motion to Modify the Caption. This is an improper request. Anneliese Hale, P.A. is a named Defendant in this matter, is represented by counsel and has answered the Amended Complaint. If the parties have reached an agreement to dismiss her as a Defendant, please file the proper motion under Fed. R. Civ. P. 41. SO ORDERED by Judge Regina M. Rodriguez on 7/6/2022. Text Only Entry(rmrja)
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Friday, July 01, 2022
34 34 motion Amend/Correct/Modify Fri 07/01 12:11 PM
Joint MOTION to Amend/Correct/Modify the Caption by Plaintiff Douglas K. Lange. (Astuno, John)
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Tuesday, May 31, 2022
33 33 order Scheduling Order Tue 05/31 9:11 AM
SCHEDULING ORDER: by Magistrate Judge S. Kato Crews on 5/31/2022. (amont, )
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32 32 minutes Scheduling Conference ~Util - Set Scheduling Order Deadlines Tue 05/31 9:10 AM
COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Scheduling Conference held on 5/31/2022/. Discovery due by 12/2/2022. Dispositive Motions due by 1/6/2023. Joint Status Report due by 8/24/2022. FTR: Courtroom C-201. (amont, )
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Wednesday, May 25, 2022
31 31 misc Proposed Scheduling Order Wed 05/25 2:36 PM
Proposed Scheduling Order by Plaintiff Douglas K. Lange. (Astuno, John)
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order Minute Order Wed 05/25 9:14 AM
MINUTE ORDER This case is currently set for a Telephonic Scheduling Conference on 5/31/2022. A proposed scheduling order was due seven calendar days before the conference, or by 5/24/2022, and has not been filed. It is ORDERED that by no later than close of business on 5/26/2022, counsel shall electronically file AND email a proposed scheduling order to Crews_chambers@cod.uscourts.gov. By Magistrate Judge S. Kato Crews on 5/25/2022. Text Only Entry (amont, )
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Wednesday, May 11, 2022
29 29 answer Answer to Amended Complaint Wed 05/11 9:50 AM
ANSWER to17 Amended Complaint by Anneliese Hale, Matthews-Vu Medical Group, P.C..(Cook-Olson, Amy)
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Tuesday, May 10, 2022
misc Advisory Attorney Noncompliance 2 Tue 05/10 11:32 AM
ADVISORY NOTICE TO COUNSEL: DO NOT REFILE THE DOCUMENT. Amy E. Cook-Olson and Angela Lund Klein have properly notified the Court and opposing counsel of a change in their contact information. However, as a NextGen Court all changes in contact information must also be submitted through counsels NextGen PACER account for the change to be reflected in CM/ECF and on the docket sheet. Action to take: Counsel must submit a change of contact request through counsels Manage My Account tab on the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures. (Text Only Entry) (mfred)
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Tuesday, May 03, 2022
order Minute Order Tue 05/03 2:46 PM
MINUTE ORDER: Pursuant to a request from counsel, the Telephonic Scheduling Conference is RESET for 5/31/2022 at 09:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. At the scheduled time, counsel shall call the Court provided conference line at (888) 251-2909 Access Code: 5662814#. By Magistrate Judge S. Kato Crews on 5/3/2022. Text Only Entry (skclc1)
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Monday, May 02, 2022
26 26 notice Notice of Change of Address/Contact Information Mon 05/02 5:49 PM
NOTICE of Change of Address/Contact Information - Notice of Firm Change by Amy E. Cook-Olson (Cook-Olson, Amy)
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Monday, March 21, 2022
25 25 misc Certificate (Miscellaneous) Mon 03/21 3:20 PM
CERTIFICATE of Review as to Matthews-Vu Medical Group, P.C., a Colorado Professional Corporation by Plaintiff Douglas K. Lange. (Astuno, John)
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24 24 misc Certificate (Miscellaneous) Mon 03/21 3:15 PM
CERTIFICATE of Review as to Anneliese Hale, P.A. by Plaintiff Douglas K. Lange. (Astuno, John)
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Friday, March 18, 2022
order Minute Order Fri 03/18 8:01 AM
MINUTE ORDER Setting Telephone Rule 16(b) Scheduling Conference. Telephone Scheduling Conference set for 5/11/2022 11:30 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, no later than seven calendar days before the conference. At the scheduled time, counsel shall call the Court provided conference line at (888) 251-2909 Access Code: 5662814#. SO ORDERED by Magistrate Judge S. Kato Crews on 3/18/2022. Text Only Entry (amont, )
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Tuesday, March 15, 2022
22 22 notice Notice of Entry of Appearance Tue 03/15 2:06 PM
NOTICE of Entry of Appearance by Angela Lund Klein on behalf of Anneliese Hale, Matthews-Vu Medical Group, P.C.Attorney Angela Lund Klein added to party Anneliese Hale(pty:dft), Attorney Angela Lund Klein added to party Matthews-Vu Medical Group, P.C.(pty:dft) (Klein, Angela)
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21 21 notice Notice of Entry of Appearance Tue 03/15 1:54 PM
NOTICE of Entry of Appearance by Amy E. Cook-Olson on behalf of Anneliese Hale, Matthews-Vu Medical Group, P.C.Attorney Amy E. Cook-Olson added to party Anneliese Hale(pty:dft), Attorney Amy E. Cook-Olson added to party Matthews-Vu Medical Group, P.C.(pty:dft) (Cook-Olson, Amy)
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Monday, March 14, 2022
20 20 service Waiver of Return of Service - Executed - Complaint Mon 03/14 9:28 AM
WAIVER OF SERVICE Returned Executed by Douglas K. Lange. Anneliese Hale waiver sent on 3/11/2022, answer due 5/10/2022; Matthews-Vu Medical Group, P.C. waiver sent on 3/11/2022, answer due 5/10/2022. (Astuno, John)
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Thursday, February 17, 2022
19 19 misc Summons Issued Thu 02/17 12:16 PM
SUMMONSES issued by Clerk on 2/17/2022 (angar, )
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Wednesday, February 16, 2022
18 18 misc Summons Request Wed 02/16 10:35 AM
SUMMONS REQUEST as to Matthews-Vu Medical Group, P.C. & Anneliese Hale, P.A. by Plaintiff Douglas K. Lange.(Astuno, John)
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Att: 1 Summons Request
17 17 cmp Amended Complaint Wed 02/16 10:10 AM
AMENDED COMPLAINT and Jury Demand against Anneliese Hale, Matthews-Vu Medical Group, P.C., filed by Douglas K. Lange.(Astuno, John)
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Tuesday, February 15, 2022
order Order on Motion for Leave Tue 02/15 3:38 PM
ORDER re14 Motion for Leave. Having reviewed the Motion, the proposed amended pleading, and Plaintiff's responses to the Order to Show Cause, the Court GRANTS Plaintiff's Motion to Amend. On or before the close of business on 2/16/2022, Plaintiff shall docket a clean copy of the Amended Complaint. By Magistrate Judge S. Kato Crews on 2/15/2022. Text Only Entry (skclc1)
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Thursday, February 03, 2022
14 14 motion Leave Thu 02/03 3:03 PM
MOTION for Leave to Amend Complaint to Comply with FED.R.CIV.P. 15(a)(2) and D.C.COLO.LCIVR 15.1(b) by Plaintiff Douglas K. Lange.(Astuno, John)
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Att: 1 Exhibit Proposed First Amended Complaint,
Att: 2 Civil Cover Sheet Civil Cover Sheet
order Memorandum Thu 02/03 4:47 PM
MEMORANDUM regarding14 MOTION for Leave to Amend Complaint to Comply with FED.R.CIV.P. 15(a)(2) and D.C.COLO.LCIVR 15.1(b) filed by Douglas K. Lange. Motion referred to Magistrate Judge S. Kato Crews. By Judge Regina M. Rodriguez on 2/3/2022. Text Only Entry (rmrja)
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Wednesday, February 02, 2022
misc Reassigning Magistrate Judge Wed 02/02 11:28 AM
REASSIGNING MAGISTRATE JUDGE: Due to Magistrate Judge Tafoya's retirement, this case is reassigned to Magistrate Judge S. Kato Crews as the referral judge. All future pleadings should reference Magistrate Judge Crews at the end of the civil action number (such as 22-cv-00086-RMR-SKC). Unless otherwise ordered, the dates and times for all scheduled matters will be maintained. (Text only entry) (agarc, )
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Thursday, January 27, 2022
11 11 misc Notice of Filing Amended Pleading Thu 01/27 3:15 PM
NOTICE of Filing Amended Pleading Notice of Filing Proposed First Amended Complaint and Jury Demand by Plaintiff Douglas K. Lange(Astuno, John)
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Att: 1 Exhibit Proposed First Amended Complaint
10 10 misc Response to Order to Show Cause Thu 01/27 3:10 PM
RESPONSE TO ORDER TO SHOW CAUSE Plaintiff's Renewed Response to the Order to Show Cause re4 by Plaintiff Douglas K. Lange. (Astuno, John)
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8 8 1 pgs misc Memorandum Returning Case Thu 01/27 11:24 AM
MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Kathleen M. Tafoya. All future pleadings should be designated as 22-cv-00086-RMR. (athom, )
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order Order Referring Case to Magistrate Judge Thu 01/27 11:49 AM
ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya. 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 Local Civ. R. 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, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Regina M. Rodriguez on 1/27/2022. Text Only Entry (rmrja)
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order Order Thu 01/27 5:46 PM
ORDER: The11 Notice of Filing First Amended Complaint and Jury Demand is STRICKEN for failure to comply with Fed. R. Civ. P. 15(a)(1) and D.C.COLO.LCivR 15.1(a). Given that Plaintiff has already amended once as a matter of course, he must instead file a motion to amend, in accordance with Fed. R. Civ. P. 15(a)(2) and D.C.COLO.LCivR 15.1(b). Further, Plaintiff has still not provided the court with sufficient factual allegations to show that the amount in controversy exceeds the jurisdictional threshold for diversity jurisdiction. 28 U.S.C. § 1332(a). The court will give Plaintiff one more opportunity to set forth additional facts concerning the amount in controversy. Therefore, Plaintiff shall have until February 4, 2022 within which to file a motion to amend, which complies with Fed. R. Civ. P. 15(a)(2) and D.C.COLO.LCivR 15.1, and which sets forth sufficient facts to show that the amount in controversy exceeds $75,000, excluding interest and costs. Plaintiff is hereby forewarned that, should he fail to comply with this Order, the4 Order to Show Cause will be made absolute, and the court will recommend the dismissal of this action without further notice. By Magistrate Judge Kathleen M. Tafoya on 01/27/22. Text Only Entry (kmtlc2)
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Wednesday, January 19, 2022
misc Letter Reassigning Case Wed 01/19 1:43 PM
CASE REASSIGNED pursuant to the deficiencies in the response to4 Order to Show Cause. This case is randomly reassigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Kathleen M. Tafoya. All future pleadings should be designated as 22-cv-00086-REB. (Text Only Entry) (csarr, )
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Monday, January 17, 2022
6 6 misc Notice of Filing Amended Pleading Mon 01/17 4:03 PM
NOTICE of Filing Amended Pleading Amended Complaint and Jury Demand by Plaintiff Douglas K. Lange (Astuno, John)
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5 5 misc Response to Order to Show Cause Mon 01/17 3:55 PM
RESPONSE TO ORDER TO SHOW CAUSE re4 by Plaintiff Douglas K. Lange.(Astuno, John)
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Att: 1 Exhibit Secretary of State Summary,
Att: 2 Exhibit Defendant Hale Web Profile,
Att: 3 Exhibit El Paso County Assessor Report,
Att: 4 Exhibit Plaintiff Lange's Arizona Driver License,
Att: 5 Exhibit Dr. Hepworth's Report,
Att: 6 Exhibit Dr. Hepworth's CV
Thursday, January 13, 2022
4 4 4 pgs order Order to Show Cause Thu 01/13 11:13 AM
ORDER TO SHOW CAUSE by Magistrate Judge Kathleen M. Tafoya on January 13, 2022. Accordingly, because the allegations are presently insufficient for the court to ensure that it possesses subject matter jurisdiction over this case, it is ORDERED that, on or before January 27, 2022, Plaintiff shall show cause, in writing, as to why this case should not be dismissed, pursuant to Federal Rule of Civil Procedure 12(b)(1), for lack of subject matter jurisdiction. If Plaintiff fails to comply with this Order to Show Cause, the court will recommend the dismissal of this action without further notice. (csarr, )
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Wednesday, January 12, 2022
3 3 misc Magistrate Judge Consent Form Wed 01/12 3:30 PM
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. (jtorr, )
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2 2 Case assigned to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (jtorr, )
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1 1 cmp Complaint Wed 01/12 3:00 PM
COMPLAINT Douglas K. Lange against All Defendants (Filing fee $ 402,Receipt Number ACODC-8265217)Attorney John J. Astuno, Jr added to party Douglas K Lange(pty:pla), filed by Douglas K Lange.(Astuno, John)
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Att: 1 Civil Cover Sheet Civil Cover Sheet
misc Case Assigned to Judge Wed 01/12 3:29 PM
Case assigned to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (jtorr, )
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