Price v. Price

          ORDER ON DEFENDANTS' MOTIONS TO DISMISS

          CHRISTINE M. ARGUELLO UNITED STATES DISTRICT JUDGE

         This matter comes before the Court on Defendants' several Motions to Dismiss:

1. Defendant Stephen Price's pro se Motion to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim, filed February 13, 2018 (Doc. # 10), to which Plaintiff Larry Price untimely responded on March 8, 2018^[1] (Doc. # 17);

2. Defendant Columbine Commons Health & Rehab Center's (“Defendant Columbine”) Motion to Dismiss Pursuant to Federal Rules of Civil Procedures 12(b)(1) and 12(b)(6), filed March 6, 2018 (Doc. # 12), to which Plaintiff untimely responded on March 30, 2018 (Doc. # 23). Defendant Columbine replied in support of its Rule 12(b) Motion to Dismiss on April 13, 2018 (Doc. # 28);

3. Defendant Colorado Department of Public Health and Environment's (“Defendant CDPHE”) Motion to Dismiss, filed March 6, 2018 (Doc. # 13), to which Plaintiff untimely responded on March 30, 2018 (Doc. # 24). Defendant CDPHE replied in support of its Motion to Dismiss on April 10, 2018 (Doc. # 27);

4. Defendant Allan Price's pro se Motion to Dismiss for Improper Service Pursuant to Federal Rule of Civil Procedure 4, filed March 23, 2018 (Doc. # 22), to which Plaintiff responded on April 13, 2018 (Doc. # 29). Defendant Allan Price replied in support of his Motion to Dismiss on April 24, 2018 (Doc. # 35);

5. Defendant Allan Price's pro se Motion to Dismiss for Untimely Alleged Service of Summons (Doc. # 36); and

6. Defendant Columbine's third Motion to Dismiss for Failure to File a Certificate of Review, filed August 15, 2018 (Doc. # 48).

         For the reasons discussed below, the Court concludes that it lacks jurisdiction over Plaintiff's claims and therefore dismisses the entire matter, as Defendant Columbine urges (Doc. # 12). The Court grants Defendant Columbine's Motion to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) (id.) and denies as moot the remaining Defendants' various Motions to Dismiss in light of the Court's conclusion.

         I. BACKGROUND AND PROCEDURAL HISTORY

         As the Court explained in its previous Order (Doc. # 25), 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. (Id. at 5-7.) Plaintiff's Complaint, filed January 4, 2018, alleges:

1) General negligence - wrongful death, against Defendants Stephen Price and Columbine;

2) Gross negligence - intentional misconduct, against Defendants Stephen Price and Columbine;

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;

5) Wrongful death - felonious killing, against Defendants Stephen Price, Allan Price, and Columbine; and

6) Wrongful death, against all Defendants.

(Id. at 21-39.)

         Plaintiff asserts that this Court has jurisdiction over “all causes of action and parties in this case” pursuant to 28 U.S.C. §§ 1331, 1332, and 1367. (Id. at 4.) As to Section 1331, regarding federal question jurisdiction, Plaintiff asserts that “there are federal questions to be answered.” (Id.) As to Section 1332, regarding diversity jurisdiction, Plaintiff states that his case concerns “damages in excess of $75, 000” and involves “parties from both Colorado and Texas.” (Id.) Finally, Plaintiff invokes ...