Fulgenzi v. Smith, et al
Plaintiff / Appellant: GARON FULGENZI
Defendant / Appellee: MICHAEL SMITH, individually and as defendant class representative for a defendant class of insurance agents licensed to sell automobile liability insurance in New Mexico for, and on behalf of, Farmers Group, Inc., d/b/a Farmers Insurance Company of A and FARMERS GROUP, INC., DBA Farmers Insurance Company of Arizona
Case Number: 14-2221
Filed: December 15, 2014
Court: U.S. Court of Appeals, Tenth Circuit
Nature of Suit: Insurance
Docket Report

This docket was last retrieved on November 16, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 16, 2015 Opinion or Order [10319321] Order filed by Judges Holmes, McHugh and Moritz granting motion to dismiss case in 14-2131, and in 14-2221. Served on 11/16/2015. Text only entry - no attachment. [14-2131, 14-2221] Final order to be found in case termination entry. [Entered: 11/16/2015 10:04 AM]
November 16, 2015 [10319322] Frap 42. Motion to dismiss is granted. Procedural termination after other judicial action. Judges Holmes, McHugh and Moritz. [14-2131, 14-2221] [Entered: 11/16/2015 10:06 AM]
November 16, 2015 [10319325] Mandate issued. [14-2131, 14-2221] [Entered: 11/16/2015 10:07 AM]
November 13, 2015 This entry has been removed from the docket. [The attached pleading was for appeal 14-2131. Counsel contacted and will re-file] [10318973] Stipulation to dismiss case filed by Mr. David Joseph Berardinelli for Mr. Garon Fulgenzi, Garon Fulgenzi, Plaintiff. Served on 11/13/2015. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [14-2221] DJB [Entered: 11/13/2015 12:03 PM]
November 13, 2015 [10318993] Unopposed motion to dismiss case filed by Mr. David Joseph Berardinelli for Mr. Garon Fulgenzi, Garon Fulgenzi, Plaintiff. Served on 11/13/2015. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [14-2221] DJB [Entered: 11/13/2015 12:41 PM]
September 30, 2015 [10306637] Supplemental authority filed by Mr. Richard Stanforth, Jr.. Served on 09/30/2015. Manner of Service: email. [14-2221, 14-2131] RMV [Entered: 09/30/2015 11:47 AM]
September 28, 2015 [10306057] Case argued by David Berardinelli for the Appellant; Ray Vargas and Steven Hulsman argued for the Appellees; and submitted to Judges Holmes, McHugh and Moritz. [14-2131, 14-2221] [Entered: 09/28/2015 03:01 PM]
July 23, 2015 This entry has been removed from the docket as a corrected form has been filed. [PJ] [10288855] Oral Argument Acknowledgment Form filed by Richard Stanforth, Jr., et al. Served on 07/23/2015. Manner of Service: email. [14-2131, 14-2221, 14-2132]--[Edited 07/23/2015 by PJ to remove from 14-2132]--[Edited 07/23/2015 by PJ] RMV [Entered: 07/23/2015 08:31 AM]
July 23, 2015 [10289060] Oral Argument Acknowledgment Form filed by Richard Stanforth, Jr., et al. Served on 07/23/2015. Manner of Service: email. [14-2131, 14-2221]--[Edited 07/23/2015 by PJ to add party name text] RMV [Entered: 07/23/2015 01:51 PM]
July 20, 2015 [10288064] Oral Argument Acknowledgment Form filed by Mr. Garon Fulgenzi in 14-2221, 14-2131. Served on 07/20/2015. Manner of Service: email. [14-2221, 14-2131] DJB [Entered: 07/20/2015 04:34 PM]
July 20, 2015 [10288034] Oral Argument Acknowledgment Form filed by Farmers Group, Inc. and Michael Smith in 14-2221, 21st Century Advantage Insurance Company, 21st Century Assurance Company, 21st Century Casualty Company, 21st Century Centennial Insurance Company, 21st Century Insurance Company of the Southwest, 21st Century National Insurance Company, 21st Century North America Insurance Company, 21st Century Premier Insurance Company, Mr. David Aragon, Bristol West Insurance Company, John and Jane Does, Farmers Group, Inc., Farmers Insurance Company of Arizona, Farmers Insurance Exchange, Foremost Insurance Company Grand Rapids, Michigan, Foremost Property & Casualty Insurance Company, Foremost Signature Insurance Company, Maryland Casualty Company, Mid-Century Insurance Company, Mr. William B. Tobin and Truck Insurance Exchange in 14-2131. Served on 07/20/2015. Manner of Service: email. [14-2221, 14-2131] SH [Entered: 07/20/2015 03:41 PM]
July 13, 2015 [10285964] Calendar notice sent to counsel. Arguments to be held on 09/28/2015 at 9:00 AM in Courtroom I, in the Byron White United States Courthouse, Denver, CO. Counsel is required to go to http://www.ca10.uscourts.gov under the argument calendar tab to obtain an important notice regarding calendared cases and required forms. The calendar acknowledgment form must be completed and filed with the clerk via Electronic Case Filing within 10 days of today's date. [14-2131, 14-2221] [Entered: 07/13/2015 12:39 PM]
April 21, 2015 [10265464] Order filed by Clerk of the Court referring appellees' joint response to motion for leave to file motion for certification to the New Mexico Supreme Court [ # 10265457-2 ] to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time). Served on 04/21/2015. Text only entry - no attachment. [14-2221, 14-2131] [Entered: 04/21/2015 08:01 AM]
April 20, 2015 This entry has been removed from the docket. Pleading redocketed by clerk. [sds] [10265398] Response filed by Farmers Group, Inc. and Michael Smith to APPELLANTS MOTION FOR LEAVE TO FILE MOTION FOR CERTIFICATION TO THE NEW MEXICO SUPREME COURT. Served on 04/20/2015. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [14-2221] SH [Entered: 04/20/2015 04:10 PM]
April 20, 2015 [10265457] Joint response to appellant's motion for leave to file motion for certification to the New Mexico Supreme Court filed by Farmers Group, Inc. and Michael Smith in 14-2221, 21st Century Advantage Insurance Company, 21st Century Assurance Company, 21st Century Casualty Company, 21st Century Centennial Insurance Company, 21st Century Insurance Company of the Southwest, 21st Century National Insurance Company, 21st Century North America Insurance Company, 21st Century Premier Insurance Company, Mr. David Aragon, Bristol West Insurance Company, Farmers Group, Inc., Farmers Insurance Company of Arizona, Farmers Insurance Exchange, Foremost Insurance Company Grand Rapids, Michigan, Foremost Property & Casualty Insurance Company, Foremost Signature Insurance Company, Ms. Helen Lucero, Maryland Casualty Company, Mid-Century Insurance Company, Mr. Richard Stanforth, Jr., Mr. William B. Tobin, Truck Insurance Exchange and John and Jane Does in 14-2131. Served on 04/21/2015. Manner of Service: email. [Pleading redocketed by clerk to show as joint response and to apply to both appeals] [14-2221, 14-2131] [Entered: 04/21/2015 07:55 AM]
April 7, 2015 [10261706] Order filed by Clerk of the Court referring appellant's motion leave to file motion for certification and motion for certification to the New Mexico Supreme Court [ # 10261439-2 ] to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time). Served on 04/07/2015. [14-2221, 14-2131] Any response to this motion shall be filed within 14 days of the date of this order, and the response(s) will be referred to the merits panel. [Entered: 04/07/2015 11:56 AM]
April 6, 2015 [10261424] Appellant/Petitioner's reply brief filed by Mr. Garon Fulgenzi. 7 paper copies to be provided to the court. Served on 04/06/2015. Manner of Service: email, US mail. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [14-2221] DJB [Entered: 04/06/2015 03:17 PM]
April 6, 2015 [10261439] Motion filed by Appellant Mr. Garon Fulgenzi in 14-2221, 14-2131 to file motion for certification and motion for certification to the New Mexico Supreme Court. Served on: 04/06/2015. Manner of service: email, US mail. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [14-2221, 14-2131]--[Edited 04/06/2015 by LG to correct releif requested] DJB [Entered: 04/06/2015 03:36 PM]
March 23, 2015 [10257291] Minute order filed - Appellant's optional reply brief now due 04/06/2015 for Garon Fulgenzi. (Text Only - No Attachment) [14-2221] [Entered: 03/23/2015 12:40 PM]
March 19, 2015 [10256663] Appellee/Respondent's brief filed by Farmers Group, Inc. and Michael Smith. 7 paper copies to be provided to the court. Served on: 03/19/2015. Manner of service: email. Oral argument requested? No. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [14-2221] SH [Entered: 03/19/2015 06:59 PM]
March 19, 2015 [10256664] Supplemental appendix filed by Farmers Group, Inc. and Michael Smith. Total number of volumes filed: 1. Served on 03/19/2015. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [14-2221] SH [Entered: 03/19/2015 07:01 PM]
March 16, 2015 [10255055] Order filed by Clerk of the Court (LS). Appellant's motion to consolidate is denied in part and granted in part. The court will identify these two cases as "related" appeals. They will be submitted to the same judicial panel after briefing is completed. Whether oral argument will be heard in one or both appeals will be decided at a later date. The briefing schedules currently in place remain unchanged. Served on 03/16/2015. [14-2221, 14-2131] [Entered: 03/16/2015 10:29 AM]
March 13, 2015 [10254899] Motion filed by Appellant Mr. Garon Fulgenzi to consolidate appeals. Served on: 03/13/2015. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [14-2221] DJB [Entered: 03/13/2015 04:45 PM]
March 9, 2015 [10253299] Order filed by Clerk of the Court (LS) taking under advisement appellees' response regarding the sealing of appendix volume 8. Served on 03/09/2015. [14-2221] [Entered: 03/09/2015 08:48 AM]
March 6, 2015 [10253174] Response filed by Farmers Group, Inc. and Michael Smith to Order [dated February 19, 2015]. Served on 03/06/2015. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [14-2221] SH [Entered: 03/06/2015 02:42 PM]
March 6, 2015 [10253037] Order filed by Clerk of the Court (LSS). Upon consideration of the appellant's response, the ultimate propriety of keeping the Volume 8 of the appellant's appendix (actually labeled "Appellant's Appendix Sealed Documents") filed under seal is taken under advisement. All materials previously submitted as sealed will remain sealed at this time. The briefing schedule remains unchanged. The current deadline for the appellees to file the response brief remains March 23, 2015. Please see attached order for additional information. Served on 03/06/2015. [14-2221] [Entered: 03/06/2015 10:07 AM]
March 5, 2015 [10252938] Response filed by Mr. Garon Fulgenzi to Order [dated February 19, 2015]. Served on 03/05/2015. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [14-2221] DJB [Entered: 03/05/2015 04:09 PM]
February 19, 2015 [10249315] Minute order filed - Appellees' brief now due 03/23/2015 for Michael Smith and Farmers Group, Inc.. (Text Only - No Attachment) [14-2221] [Entered: 02/19/2015 02:56 PM]
February 19, 2015 [10249373] Order filed by Clerk of the Court (LSS) - Appellant shall, within 14 days, show cause as to why the sealed volume of their appendix should remain sealed. Appellees may also file a response. Response due on 03/05/2015 for Farmers Group, Inc., Garon Fulgenzi and Michael Smith. Served on 02/19/2015. [14-2221] [Entered: 02/19/2015 04:30 PM]
February 17, 2015 [10248355] Appellant/Petitioner's brief filed by Mr. Garon Fulgenzi. 7 paper copies to be provided to the court. Served on 02/17/2015 by email, US mail. Oral argument requested? Yes. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [14-2221] DJB [Entered: 02/17/2015 10:55 AM]
February 17, 2015 [10248354] Appellant's appendix filed by Mr. Garon Fulgenzi. Total number of volumes filed: 8. Served on 02/17/2015. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [14-2221] DJB [Entered: 02/17/2015 10:53 AM]
January 5, 2015 [10236987] Filed notice record is complete. Served on 01/02/2015. Appellant's brief and appendix due on 02/17/2015 for Garon Fulgenzi [14-2221] [Entered: 01/05/2015 09:03 AM]
December 30, 2014 [10236188] Minute order filed - Notice due that record is complete by 01/23/2015 for Matthew (NMalb) Dykman, Clerk of Court. (Text Only - No Attachment) [14-2221] [Entered: 12/30/2014 08:20 AM]
December 30, 2014 [10236191] Notice of appearance filed by Mr. David Joseph Berardinelli for Mr. Garon Fulgenzi. CERT. OF INTERESTED PARTIES: n. Served on 12/26/2014. Manner of Service: email [14-2221] [Entered: 12/30/2014 08:33 AM]
December 30, 2014 [10236203] Notice of appearance filed by Mr. Joshua D. Lichtman and Mr. Peter H. Mason for Farmers Group, Inc. and Michael Smith. CERT. OF INTERESTED PARTIES: y. Interested party is already listed as counsel in this case. Served on 12/29/2014. Manner of Service: email. [14-2221] [Entered: 12/30/2014 08:58 AM]
December 29, 2014 [10236044] Notice of appearance submitted by Joshua D. Lichtman for Appellees Farmers Group, Inc. and Michael Smith for court review. Certificate of Interested Parties: Yes. Served on 12/29/2014. Manner of Service: email. [14-2221] SH [Entered: 12/29/2014 02:11 PM]
December 29, 2014 [10236049] Corporate disclosure statement filed by Mr. Steven Hulsman for Farmers Group, Inc. and Michael Smith. [14-2221] SH [Entered: 12/29/2014 02:14 PM]
December 29, 2014 [10236043] Notice of appearance submitted by Peter H. Mason for Appellees Farmers Group, Inc. and Michael Smith for court review. Certificate of Interested Parties: Yes. Served on 12/29/2014. Manner of Service: email. [14-2221]--[Edited 12/30/2014 by JM to remove PDF as pleading was filed by the court on 12/30/14.] SH [Entered: 12/29/2014 02:10 PM]
December 29, 2014 [10236031] Notice of appearance submitted by Steven J. Hulsman for Appellees Farmers Group, Inc. and Michael Smith for court review. Certificate of Interested Parties: Yes. Served on 12/29/2014. Manner of Service: email. [14-2221]--[Edited 12/29/2014 by LG to remove PDF from entry, as pleading was filed on 12/29/2014] SH [Entered: 12/29/2014 02:01 PM]
December 29, 2014 [10236072] Notice of appearance filed by Mr. Joshua D. Lichtman and Mr. Peter H. Mason for Farmers Group, Inc. and Michael Smith. CERT. OF INTERESTED PARTIES: n (The name listed is an attorney previously listed in this case.) Served on 12/29/2014. Manner of Service: email [14-2221] [Entered: 12/29/2014 02:44 PM]
December 29, 2014 [10236034] Notice of appearance submitted by Jessica L. Fuller for Appellees Farmers Group, Inc. and Michael Smith for court review. Certificate of Interested Parties: Yes. Served on 12/29/2014. Manner of Service: email. --[Edited 12/29/2014 by AD. PDF removed, pleading redocketed 12-29-14] [14-2221] SH [Entered: 12/29/2014 02:03 PM]
December 29, 2014 [10236172] Notice of appearance submitted by DAVID J. BERARDINELLI for Appellant Mr. Garon Fulgenzi for court review. Certificate of Interested Parties: No. Served on 12/29/2014. Manner of Service: email. --[Edited 12/30/2014 by AD. PDF removed, pleading redocketed 12-30-14.] [14-2221] DJB [Entered: 12/29/2014 05:25 PM]
December 29, 2014 [10236171] Notice received from Mr. Garon Fulgenzi that the necessary transcript was ordered previously in appeal 14-2131. Served on: 12/29/2014. Manner of Service: email--[Edited 12/30/2014 by KF to correct the event code and modify the text.] [14-2221] DJB [Entered: 12/29/2014 05:23 PM]
December 29, 2014 [10236170] Docketing statement filed by Mr. Garon Fulgenzi. Served on 12/29/2014. Manner of Service: email. [14-2221] DJB [Entered: 12/29/2014 05:18 PM]
December 29, 2014 [10236138] Notice of appearance submitted by David J. Berardinelli for Appellant Mr. Garon Fulgenzi for court review. Certificate of Interested Parties: No. Served on 12/29/2014. Manner of Service: email. --[Edited 12/30/2014 by AD. PDF removed, pleading redocketed 12-30-14] [14-2221] DJB [Entered: 12/29/2014 03:44 PM]
December 29, 2014 [10236099] Notice of appearance filed by Ms. Jessica L. Fuller for Michael Smith and Farmers Group, Inc.. CERT. OF INTERESTED PARTIES: n (party listed previously in case). Served on 12/29/2014. Manner of Service: email [14-2221] [Entered: 12/29/2014 03:14 PM]
December 29, 2014 [10236107] Notice of appearance filed by Mr. Steven Hulsman for Farmers Group, Inc. and Michael Smith. CERT. OF INTERESTED PARTIES: y. Interested party already listed in case. Served on 12/29/2014. Manner of Service: email [14-2221] [Entered: 12/29/2014 03:19 PM]
December 15, 2014 [10232556] Civil case docketed. Preliminary record filed. DATE RECEIVED: 12/15/2014. Docketing statement, transcript order form and notice of appearance due 12/29/2014 for Garon Fulgenzi. Notice of appearance due on 12/29/2014 for Farmers Group, Inc. and Michael Smith. [14-2221] [Entered: 12/15/2014 12:09 PM]

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Search for this case: Fulgenzi v. Smith, et al
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Plaintiff / appellant: GARON FULGENZI
Represented By: David Joseph Berardinelli
Represented By: Daniel O'Friel
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Defendant / appellee: MICHAEL SMITH, individually and as defendant class representative for a defendant class of insurance agents licensed to sell automobile liability insurance in New Mexico for, and on behalf of, Farmers Group, Inc., d/b/a Farmers Insurance Company of A
Represented By: Ross L. Crown
Represented By: Jessica L. Fuller
Represented By: Steven Hulsman
Represented By: Joshua D. Lichtman
Represented By: Peter H. Mason
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Defendant / appellee: FARMERS GROUP, INC., DBA Farmers Insurance Company of Arizona
Represented By: Ross L. Crown
Represented By: Jessica L. Fuller
Represented By: Steven Hulsman
Represented By: Joshua D. Lichtman
Represented By: Peter H. Mason
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