Etherton v. Auto-Owners Insurance Company
Plaintiff: Donald L. Etherton
Defendant: Auto-Owners Insurance Company
Case Number: 1:2010cv00892
Filed: April 21, 2010
Court: US District Court for the District of Colorado
Office: Denver Office
County: Boulder
Presiding Judge: Walker D. Miller
Nature of Suit: Other Contract
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
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Date Filed Document Text
February 22, 2016 Opinion or Order Filing 177 ORDER denying 174 Motion to Amend or Alter Judgments for Costs and Attorneys' Fees Pursuant to Rule 59(e). By Judge Philip A. Brimmer on 02/22/2016. (athom, )
March 2, 2015 Opinion or Order Filing 173 ORDER. ORDERED that plaintiff Donald L. Etherton's Affidavit of Attorneys' Fees [Docket No. 111] is GRANTED in part. ORDERED that plaintiff Donald L. Etherton's Motion to Supplement Request for Reasonable Fees and Costs Pursuant to Colo. Rev. Stat. § 10-3-1116 [Docket No. 150] is GRANTED in part. ORDERED that plaintiff Donald L. Etherton is awarded $175,170.00 in attorneys' fees. ORDERED that plaintiffs request for $58,396.75 in court costs is DENIED as moot by Judge Philip A. Brimmer on 03/02/15.(jhawk, )
March 31, 2014 Opinion or Order Filing 145 ORDER. ORDERED that Defendant's Motion for New Trial Pursuant to F.R.C.P. 59 and Renewed Motion for F.R.C.P. 50 Judgment as a Matter of Law 117 filed by defendant Owners Insurance Company is DENIED by Judge Philip A. Brimmer on 03/31/14.(jhawk, )
October 1, 2013 Opinion or Order Filing 141 AMENDED 109 FINAL JUDGMENT by Clerk, and approved by Judge Philip A. Brimmer, re: 109 Clerk's Judgment, 140 Order. By Clerk on 10/1/13. (mnfsl, )
September 30, 2013 Opinion or Order Filing 140 ORDER granting 110 Plaintiff's Motion to Amend or Alter Judgment Pursuant to F.R.C.P. 59(e). The Court's 109 Final Judgment is amended to award plaintiff damages in the amount of $2,250,000.00, in addition to costs and attorney's fees. By Judge Philip A. Brimmer on 9/30/13.(mnfsl, )
February 6, 2013 Opinion or Order Filing 109 FINAL JUDGMENT by Clerk, and approved by Judge Philip A. Brimmer re: 106 Jury Trial - Completed. By Clerk on 2/6/13. (mnfsl, )
January 7, 2013 Opinion or Order Filing 94 ORDER. Defendant's 75 Motion in Limine Regarding Expert Testimony of Richard Kaudy, Esq. is granted with respect to Mr. Kaudy's opinions that defendant unreasonably delayed granting consent to settle, was obligated to advance payment du ring that time, and breached its duty of good faith and fair dealing. Defendant's 75 Motion in Limine Regarding Expert Testimony of Richard Kaudy, Esq. is denied with respect to Mr. Kaudy's opinion that defendant violated the Unfair Clai ms Settlement Practices Act. Defendant's 76 Motion in Limine is granted with respect to defendant's post-filing conduct, settlement negotiations, and the challenged portions of Mr. Hemmat's correspondence. Defendant's 76 Motion in Limine is denied with respect to evidence of non-economic damages and impeachment of Dr. Pitzer regarding a misdemeanor traffic offense. By Judge Philip A. Brimmer on 1/7/13.(mnfsl, )
September 20, 2012 Opinion or Order Filing 71 ORDER SETTING CASE FOR TRIAL. Four-day Jury Trial set for 1/14/2013 at 08:00 AM in Courtroom A 701 before Judge Philip A. Brimmer. Trial Preparation Conference set for 12/28/2012 at 02:30 PM before Judge Philip A. Brimmer. By Judge Philip A. Brimmer on 9/20/12. (mnfsl, )
September 13, 2012 Opinion or Order Filing 67 ORDER. Plaintiff's 46 amended motion for reconsideration and clarification is granted in part and denied as moot in part. Pursuant to Fed. R. Evid. 702, the Court will not preclude Dr. Joseph Ramos from offering his opinion regarding the caus e of plaintiff's injuries. Plaintiff's request for clarification regarding the extent to which Dr. Ramos's testimony had been excluded is now moot. Plaintiff's 62 motion for forthwith ruling on his motion for reconsideration and clarification is denied as moot. By Judge Philip A. Brimmer on 9/13/12.(mnfsl, )
June 8, 2012 Opinion or Order Filing 56 ORDER OF RECUSAL. The Clerk shall randomly reassign this case by Judge Marcia S. Krieger on 6/7/12. (sgrim)
February 6, 2012 Opinion or Order Filing 55 MINUTE ORDER granting 53 Unopposed Motion for Leave to Substitute Expert and to Supplement Disclosure Pursuant to Federal Rule of Civil Procedure Rule 26. Expert Discovery due by 5/1/2012, by Magistrate Judge Kristen L. Mix on 2/6/12.(lyg, )
September 29, 2011 Opinion or Order Filing 41 OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT: Owners' Motion for Summary Judgment 23 is DENIED. The parties' Joint Motion 24 pursuant to Fed.R.Evid. 702 should be noted by the Clerk as having been granted upon the Court's scheduling of a Rule 702 hearing. by Judge Marcia S. Krieger on 9/29/11.(msksec, )
February 18, 2011 Opinion or Order Filing 32 ORDER denying 25 Plaintiff's Motion to Strike Defense Expert Jerry Ogden. On or before 03/11/2011 Plaintiff may depose Mr. Jerry Ogden for no more than one hour. Plaintiff's questions at this deposition must directly relate to Ogden' s five pages of calculations [# 25 -3] and to how Ogden relied on the calculations when formulating his expert report. Plaintiff is not permitted to explore any additional subjects at the deposition, by Magistrate Judge Kristen L. Mix on 02/18/2011.(wjc, )
August 17, 2010 Opinion or Order Filing 17 MINUTE ORDER granting 14 Stipulated Motion for Leave to Amend Caption. The Clerk of Court shall terminate Auto-Owners Insurance Company as a party and substitute Owners Insurance Company as Defendant, by Magistrate Judge Kristen L. Mix on 08/17/2010.(wjc, )
July 1, 2010 Opinion or Order Filing 13 TRIAL PREPARATION ORDER-CIVIL: Rule 16 Hearing set for 6/2/2011 at 10:00 AM in Courtroom A 901 before Judge Marcia S. Krieger. Judge Marcia S. Krieger on 7/1/10. (msksec, )
May 5, 2010 Opinion or Order Filing 9 ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and deposition s from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Judge Marcia S. Krieger on 5/5/10. (mskcd)
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Plaintiff: Donald L. Etherton
Represented By: Chad Patrick Hemmat
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Defendant: Auto-Owners Insurance Company
Represented By: Gregory R. Giometti
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