Moore v. Golden Oaks Healthcare, Inc. et al
Kansas District Court | |
Judge: | Julie A Robinson |
Referred: | Brooks G Severson |
Case #: | 2:25-cv-02094 |
Nature of Suit | 362 Torts - Personal Injury - Medical Malpractice |
Cause | 28:1332 Diversity-Wrongful Death |
Case Filed: | Feb 24, 2025 |
Last checked: Friday Apr 11, 2025 6:11 AM CDT |
Defendant
Ensign Group, Inc.
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Represented By
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Defendant
Ensign Services, Inc.
5718 S. 900 E
South Ogden, UT 84405 |
Represented By
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Defendant
Gateway Healthcare, LLC
2101 SW 21st street
Topeka, KS 66604 |
Represented By
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Defendant
Golden Oaks Healthcare, Inc.
2101 SW 21st street
Topeka, KS 66604 |
Represented By
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Plaintiff
Crystal Moore
in her individual capacity, and as soon to be appointed administrator of the estate of 640 N. 62nd st
Kansas City, KS 66102 |
Represented By
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Docket last updated: 05/09/2025 11:59 PM CDT |
Wednesday, May 07, 2025 | ||
18 | 18
![]() NOTICE AND ORDER TO SHOW CAUSE. On or before 5/20/2025, Plaintiff shall file a response to this order showing good cause in writing to the undersigned Magistrate Judge, why this action should not be dismissed for lack of subject matter jurisdiction. Signed by Magistrate Judge Brooks G. Severson on 5/6/2025. (mam) |
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Friday, May 02, 2025 | ||
17 | 17
![]() ENTRY OF APPEARANCE by Jonathan T. Steele on behalf of Crystal Moore (Steele, Jonathan) |
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Monday, April 28, 2025 | ||
16 | 16
order
Order
Mon 04/28 2:38 PM
The Court has reviewed the diversity disclosure statement filed by Plaintiff (Doc. 11) and Defendant Golden Oaks Healthcare, Inc. (Doc. 14). Plaintiff alleges she is a citizen of Kansas and Defendant Golden Oaks Healthcare, Inc. alleges it is a citizen of Nevada and Kansas. This would defeat diversity jurisdiction. To conserve judicial resources and allow time for the parties to determine what action, if any, is necessary, it will cancel the scheduling conference. If no action is otherwise taken, the undersigned Magistrate Judge will subsequently issue a show cause order to Plaintiff addressing the diversity issue wherein Plaintiff will be tasked with establishing that the Court has subject matter jurisdiction over this action. Signed by Magistrate Judge Brooks G. Severson on 4/28/2025. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl) |
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15 | 15
![]() CORPORATE DISCLOSURE STATEMENT by Gateway Healthcare, LLC identifying The Ensign Group, Inc. as corporate parent . (Moeller, Elizabeth) |
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14 | 14
![]() CORPORATE DISCLOSURE STATEMENT by Golden Oaks Healthcare, Inc. identifying None as corporate parent . (Moeller, Elizabeth) |
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13 | 13
![]() CORPORATE DISCLOSURE STATEMENT by Ensign Group, Inc. identifying None as corporate parent . (Moeller, Elizabeth) |
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12 | 12
![]() CORPORATE DISCLOSURE STATEMENT by Ensign Services, Inc. identifying The Ensign Group, Inc. as corporate parent . (Moeller, Elizabeth) |
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11 | 11
![]() CORPORATE DISCLOSURE STATEMENT by Crystal Moore identifying none as corporate parent (Gleason, Dustin) |
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Thursday, March 27, 2025 | ||
10 | 10
![]() INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 5/8/2025 at 03:00 PM by Telephone (BGS CONFERENCE LINE: 1-316-402-0044; CONFERENCE ID: 485 069 538) before Magistrate Judge Brooks G. Severson. Rule 26 Planning Conference Deadline 4/16/2025. Rule 26 Initial Disclosures Deadline set for 4/28/2025. Proposed Scheduling Order Deadline 4/28/2025. Signed by Magistrate Judge Brooks G. Severson on 3/27/2025. (jal) |
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Wednesday, March 26, 2025 | ||
9 | 9
order
Order
Wed 03/26 4:46 PM
ORDER requiring Rule 7.1(a)(2) Disclosure Statements. Rule 7.1(a)(2) of the Federal Rules of Civil Procedure requires that in "an action in which jurisdiction is based on diversity under 28 U.S.C. § 1332(a), a party or intervenor 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...." Because the basis for jurisdiction in this case is diversity pursuant to 28 U.S.C. § 1332(a), all parties must file a disclosure statement by April 28, 2025 . As a reminder, the citizenship of a corporation is determined by both the state of incorporation and the state where its principal place of business is located. 28 U.S.C. § 1332(c)(1); Newsome v. Gallacher , 722 F.3d 1257, 1267 (10th Cir. 2013). The citizenship for an LLC is determined by the citizenship of each of its members. Siloam Springs Hotel, LLC v. Century Sur. Co. , 781 F.3d 1233, 1234 (10th Cir. 2015). The citizenship of an individual is determined by his or her domicile, not just their residence. PHH Mortgage Corp. v. Stuber , 23-1123 DDC-TJJ, 2023 WL 4999153, *2 (D. Kan. 2023). Lastly, the legal representative of the estate of a decedent shall be deemed to be a citizen only of the same state as the decedent. Castleberry v. Fanuc Am. Corp. , No. 20-1361 KHV-GEB, 2021 WL 37482, at *1 (D. Kan. Jan. 5, 2021). All parties should take care to ensure they have fully complied with this order and accurately disclosed their citizenship ( including the decedent's citizenship ) so the Court can ensure subject-matter jurisdiction exists. Signed by Magistrate Judge Brooks G. Severson on 3/26/2025. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl) |
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8 | 8
![]() ANSWER to Complaint by Gateway Healthcare, LLC.(Moeller, Elizabeth) |
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7 | 7
![]() ANSWER to Complaint by Golden Oaks Healthcare, Inc..(Moeller, Elizabeth) |
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Friday, March 21, 2025 | ||
6 | 6
![]() ANSWER to Complaint by Ensign Services, Inc..(Moeller, Elizabeth) |
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Wednesday, March 19, 2025 | ||
5 | 5
![]() ANSWER to Complaint by Ensign Group, Inc..(Moeller, Elizabeth) |
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Thursday, February 27, 2025 | ||
service
Alias Summons Issued
Thu 02/27 11:54 AM
Alias Summons Issued as to Ensign Services, Inc. (issued to Attorney for service). Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jk) |
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Monday, February 24, 2025 | ||
4 | 4
![]() CORPORATE DISCLOSURE STATEMENT by Crystal Moore identifying None as corporate parent. (Gleason, Dustin) |
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3 | 3
![]() CIVIL COVER SHEET by Plaintiff Crystal Moore. (Gleason, Dustin) |
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2 | 2
![]() DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Crystal Moore - trial to be held in Kansas City. (Gleason, Dustin) |
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1 | 1
![]() COMPLAINT with trial location of Kansas City ( Filing fee $405, Internet Payment Receipt Number BKSDC-6591293.), filed by Crystal Moore.(Gleason, Dustin) |
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notice
Notice of Judge Assignment
Mon 02/24 3:52 PM
NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Julie A. Robinson and Magistrate Judge Brooks G. Severson for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at https://www.uscourts.gov/file/459/download (jsh) |
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service
Summons Issued
Mon 02/24 4:14 PM
SUMMONS ISSUED as to Ensign Group, Inc., Ensign Services, Inc., Gateway Healthcare, LLC, Golden Oaks Healthcare, Inc. (issued to Attorney for service). Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (jsh) |