Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Price v. Price

United States District Court, D. Colorado

April 3, 2018

LARRY J. PRICE, individually and as son and beneficiary of Tiena A. Price, deceased, Plaintiff,
v.
STEPHEN P. PRICE, individually and in his official capacity as Guardian, Conservator, and Trustee, ALLAN S. PRICE, COLUMBINE COMMONS HEALTH & REHAB CENTER, a Colorado corporation and skilled nursing facility, and STATE OF COLORADO DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT, Defendants.

          ORDER DENYING DEFENDANT COLUMBINE'S MOTION TO DISMISS AND DENYING PLAINTIFF'S MOTION FOR EXTENSION OF TIME

          CHRISTINE M. ARGUELLO, UNITED STATES DISTRICT JUDGE

         The matter comes before the Court on Defendant Columbine Commons Health and Rehab Center's (“Columbine Commons”) Motion to Dismiss With Prejudice for Failure to File a Certificate of Review (Doc. # 14) and Plaintiff Larry Price's subsequent Motion for Extension of Time to Obtain and File Certificate of Review (Doc. # 18). For the reasons discussed below, the Court denies Defendant Columbine Commons's Motion to Dismiss as premature and denies Plaintiff's Motion for Extension of Time for failing to assert good cause.

         I. BACKGROUND AND PROCEDURAL HISTORY

         Plaintiff Larry Price is the son of Tiena Price, now deceased, and has four brothers and sisters: Stephen, Allan, Linda, and Diana (now deceased). (Doc. # 1 at 5.) Plaintiff's Complaint arises out of the appointment of his mother's guardian, the placement of his mother in a nursing home facility, and his mother's death. See generally (id.) Plaintiff, acting pro se, asserts claims against his brother, Defendant Stephen Price; his other brother, Defendant Allan Price; the nursing home at which his mother was admitted, Columbine Commons in Windsor, Colorado; and the Colorado Department of Public Health and Environment (“CDPHE”). (Id. at 5-7.) Plaintiff's Complaint, filed January 4, 2018, alleges:

1) General negligence - wrongful death, against Defendants Stephen Price and Columbine Commons;
2) Gross negligence - intentional misconduct, against Defendants Stephen Price and Columbine Commons;
3) Denial of due process under 42 U.S.C. § 1983, against all Defendants;
4) Violation of the Nursing Home Reform Act Amendments, 42 U.S.C. § 1396r, against Defendant Columbine Commons;
5) Wrongful death - felonious killing, against Defendants Stephen Price, Allan Price, and Columbine Commons; and
6) Wrongful death, against all Defendants.

(Id. at 21-39.) On February 7, 2018, Plaintiff moved for an extension of time to complete effective service of process (Doc. # 6), which the Court referred to United States Magistrate Judge Kristen L. Mix (Doc. # 9).

         All Defendants then individually filed a series of Motions to Dismiss. On February 13, 2018, Defendant Stephen Price filed his Motion to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim. (Doc. # 10.) Plaintiff untimely responded to Defendant Stephen Price's Motion to Dismiss on March 8, 2018. (Doc. # 17.) On March 6, 2018, Defendant Columbine Commons filed its Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(b)(1) (Doc. # 12), and CDPHE filed its Motion to Dismiss (Doc. # 13). On March 7, 2018, Defendant Columbine Commons filed its second motion to dismiss-at issue in this Order, its Motion to Dismiss With Prejudice for Plaintiff's Failure to File a Certificate of Review (“Motion to Dismiss”). (Doc. # 14.) Finally, on March 23, 2018, Defendant Allan Price filed his Motion to Dismiss for Improper Service. (Doc. # 22.)

         On March 20, 2018, Plaintiff filed his Motion for Extension of Time to Obtain and File Certificate of Review (“Motion for Extension of Time”). (Doc. # 18.) Plaintiff seeks to “extend his time to obtain and file a Certificate of Review of alleged Negligence by Defendant [Columbine Commons] . . . by forty-five (45) days”-from March 5, 2018, to April 19, 2018. (Id. at 1.) Defendant Columbine Commons responded in opposition to Plaintiff's Motion for Extension of Time on March 23, 2018. (Doc. # 20.)

         Because Defendant Columbine Common's Motion to Dismiss (Doc. # 14) and Plaintiff's Motion for Extension of Time (Doc. # 18) concern the same issue, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.