McCracken, et al v. Progressive Direct Ins. Co., et al
| BRENDA MCCRACKEN and CHRISTA HECHT, individually and on behalf of all others similarly situated |
| PROGRESSIVE DIRECT INSURANCE COMPANY and PROGRESSIVE PREFERRED INSURANCE COMPANY |
| 17-1285 |
| August 14, 2017 |
| U.S. Court of Appeals, Tenth Circuit |
| Insurance |
Docket Report
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This docket was last retrieved on August 15, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| [10581864] Mandate issued. [17-1285]--[Edited 08/15/2018 by LG to remove from the related matter, 17-1286, which will have its own separate mandate] [Entered: 08/15/2018 07:44 AM] |
| [10576764] Judgment for opinion filed. [17-1285, 17-1286] [Entered: 07/24/2018 08:55 AM] |
| [10576748] Reversed and remanded as to 17-1286. Affirm in 17-1285. Terminated on the merits after oral hearing; Written, signed, published; Judges Lucero, Phillips and Moritz, author. Mandate to issue. [17-1285, 17-1286] [Entered: 07/24/2018 08:46 AM] |
| [10563531] Supplemental authority filed by Progressive Direct Insurance Company and Progressive Preferred Insurance Company in 17-1285. Served on 06/01/2018. Manner of Service: email. [17-1285, 17-1286] CDC [Entered: 06/01/2018 09:55 AM] |
| [10546987] Supplemental authority filed by Progressive Direct Insurance Company and Progressive Preferred Insurance Company in 17-1285. Served on 03/29/2018. Manner of Service: email. [17-1285, 17-1286] CDC [Entered: 03/29/2018 04:12 PM] |
| [10545005] Cases argued by Nelson Waneka for the Appellants. Casie Collignon argued for the Appellees. Cases submitted to Judges Lucero, Phillips and Moritz. [17-1285, 17-1286] [Entered: 03/22/2018 01:08 PM] |
| [10542017] Calendar Acknowledgment Form filed by United Services Automobile Association and USAA Casualty Insurance Company in 17-1286. Served on 03/12/2018. Manner of Service: email. [17-1286, 17-1285] TJB [Entered: 03/12/2018 10:34 AM] |
| [10533143] Calendar Acknowledgment Form filed by Christa Hecht and Brenda McCracken. Served on 02/01/2018. Manner of Service: email. [17-1285] NAW [Entered: 02/01/2018 02:47 PM] |
| [10533140] Notice of appearance submitted by Nelson A. Waneka for Appellants Christa Hecht and Brenda McCracken for court review. Certificate of Interested Parties: No. Served on 02/01/2018. Manner of Service: email. [17-1285] [Edited to remove PDF as pleading has been filed-- Edited 02/01/2018 by NA] NAW [Entered: 02/01/2018 02:44 PM] |
| [10533180] Notice of appearance filed by Mr. Nelson Andrew Waneka for Brenda McCracken and Christa Hecht. CERT. OF INTERESTED PARTIES: n. Served on 02/01/2018. Manner of Service: email [17-1285] [Entered: 02/01/2018 03:39 PM] |
| [10530250] Calendar Acknowledgment Form filed by United Services Automobile Association and USAA Casualty Insurance Company in 17-1286. Served on 01/22/2018. Manner of Service: email. [17-1286, 17-1285] MDM [Entered: 01/22/2018 02:34 PM] |
| [10529942] Calendar Acknowledgment Form filed by Christa Hecht and Brenda McCracken. Served on 01/19/2018. Manner of Service: email. [17-1285] BAL [Entered: 01/19/2018 04:30 PM] |
| [10529825] Calendar Acknowledgment Form filed by Progressive Direct Insurance Company and Progressive Preferred Insurance Company in 17-1285. Served on 01/19/2018. Manner of Service: email. [17-1285, 17-1286] CDC [Entered: 01/19/2018 02:28 PM] |
| [10527749] Calendar notice sent to counsel. Arguments to be held on 03/22/2018 at 8:30 a.m. in Courtroom III, 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. [17-1285] [Entered: 01/11/2018 01:12 PM] |
| [10523669] Appellant/Petitioner's reply brief filed by Christa Hecht and Brenda McCracken in 17-1285, Mr. Jerry Archuleta in 17-1286. 7 (Counseled) paper copies to be provided to the court. Served on 12/22/2017. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [17-1285, 17-1286] SSM [Entered: 12/22/2017 03:26 PM] |
| [10521181] Minute order filed - Appellants' optional reply brief now due 12/22/2017 for Christa Hecht, Brenda McCracken and Jerry Archuleta. (Text Only - No Attachment) [17-1285, 17-1286] [Entered: 12/14/2017 09:29 AM] |
| [10520094] Appellee/Respondent's brief filed by Progressive Direct Insurance Company and Progressive Preferred Insurance Company in 17-1285, USAA Casualty Insurance Company and United Services Automobile Association. 7 (Counseled) paper copies to be provided to the court. Served on: 12/08/2017. Manner of service: email. Oral argument requested? Yes. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [17-1285, 17-1286] CDC [Entered: 12/08/2017 03:34 PM] |
| [10520100] Appellee's appendix filed by Progressive Direct Insurance Company and Progressive Preferred Insurance Company in 17-1285. Total number of volumes filed: 1. Served on 12/08/2017. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [17-1285, 17-1286] CDC [Entered: 12/08/2017 03:42 PM] |
| [10515979] Motion filed by Appellees Progressive Direct Insurance Company and Progressive Preferred Insurance Company in 17-1285 to file an oversize brief 15200 words long. Served on: 11/22/2017. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [17-1285, 17-1286] SJT [Entered: 11/22/2017 01:49 PM] |
[10516062] Order filed by Judges Matheson and Bacharach - This matter is before the court on Appellees' Joint Unopposed Motion to Extend Word and Page Limits Applicable to Extend Word and Page Limits Applicable to Their Consolidated Answer Brief (the "Motion"). Upon consideration and at the direction of the court the Motion is denied. Appellees response brief remains due on or before 12/08/2017. Served on 11/22/2017. [17-1285, 17-1286] [Entered: 11/22/2017 03:56 PM]
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| [10511714] Order filed by Clerk of the Court granting Attorney motion to extend time to file appellees' brief. Appellees' consolidated brief now due 12/08/2017 for Progressive Direct Insurance Company, Progressive Preferred Insurance Company, USAA Casualty Insurance Company and United Services Automobile Association (14-day extension). Served on 11/07/2017. [17-1285, 17-1286] [Entered: 11/07/2017 12:48 PM] |
| [10511633] Motion filed by Appellees USAA Casualty Insurance Company and United Services Automobile Association in 17-1286, Progressive Direct Insurance Company and Progressive Preferred Insurance Company to extend time to file appellee/respondent's brief until 12/08/2017. Served on: 11/07/2017. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [17-1286, 17-1285] JS [Entered: 11/07/2017 10:35 AM] |
| [10509350] Minute order filed - Appellees brief now due 11/24/2017 for Progressive Direct Insurance Company, Progressive Preferred Insurance Company, USAA Casualty Insurance Company and United Services Automobile Association. (Text Only - No Attachment) [17-1285, 17-1286] [Entered: 10/30/2017 10:33 AM] |
| [10508667] Appellant's appendix filed by Christa Hecht and Brenda McCracken in 17-1285, Mr. Jerry Archuleta in 17-1286. Total number of volumes filed: 3. Served on 10/25/2017. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [17-1285, 17-1286] SSM [Entered: 10/25/2017 10:36 PM] |
| [10508666] Appellant/Petitioner's brief filed by Christa Hecht and Brenda McCracken in 17-1285, Mr. Jerry Archuleta in 17-1286. 7 (Counseled) paper copies to be provided to the court. Served on 10/25/2017 by email. Oral argument requested? Yes. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [17-1285, 17-1286] SSM [Entered: 10/25/2017 10:27 PM] |
| [10498261] Order filed by Clerk of the Court granting as modified motion to consolidate appeals in 17-1285, 17-1286. Specifically, the parties' request to procedurally consolidate these cases for briefing and submission of an appendix is granted. Appellants' single consolidated brief and appendix due on 10/25/2017 for Christa Hecht, Brenda McCracken and Jerry Archuleta. (Please see order for further details). Served on 09/15/2017. [17-1285, 17-1286] [Entered: 09/15/2017 12:39 PM] |
| [10498094] Motion filed by Appellees Progressive Direct Insurance Company and Progressive Preferred Insurance Company in 17-1285 to consolidate appeals. Served on: 09/14/2017. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [17-1285, 17-1286] SJT [Entered: 09/14/2017 04:00 PM] |
| [10497819] Notice filed that the requested transcript was filed in the district court on 07/14/2017 by Darlene Martinez. Manner of Service: email. [17-1285] [Entered: 09/14/2017 09:40 AM] |
| [10496075] Filed notice record is complete. Served on 09/07/2017. [17-1285] [Entered: 09/07/2017 08:45 AM] |
| [10496201] Order filed by Clerk of the Court - These matters are before the court following receipt of the notice record complete in 17-1285. The court declines to sua sponte consolidate these matters for purposes of briefing. The court will entertain a joint motion to consolidate - any such motion shall be filed withint 7 days. Appellants' brief and appendix due on 10/17/2017 for Christa Hecht and Brenda McCracken in 17-1285. Appellant's brief and appendix due on 10/17/2017 for Jerry Archuleta in 17-1286. Served on 09/07/2017. [17-1285, 17-1286] [Entered: 09/07/2017 11:45 AM] |
| [10495745] Order filed by Clerk of the Court - These matters are before the court upon receipt of notice that the record is complete in appeal number 17-1286. Because it appears that these matters raise similar issues, however, briefing in appeal number 17-1286 is suspended pending further order of the court. Upon receipt of notice that the record is complete in appeal number 17-1285, the court will consider these matters for procedural consolidation. [Entered: 09/06/2017 07:06 AM] |
| [10495839] The district court docket indicates that the ordered transcript is on file (07/12/2017 motions hearing). Notice due that record is complete by 10/02/2017 for Jeffrey P. Colwell, Clerk of Court. [17-1285] [Entered: 09/06/2017 10:50 AM] |
| [10493895] Notice of appearance filed by Patricia A. Meester and Mr. Keith R. Scranton for Brenda McCracken and Christa Hecht. CERT. OF INTERESTED PARTIES: y. Interested parties already listed in case. Served on 08/28/2017. Manner of Service: email [17-1285] [Entered: 08/29/2017 08:21 AM] |
| [10493850] Notice of appearance submitted by Keith R. Scranton and Patricia A. Meester for Appellants Brenda McCracken and Christa Hecht for court review. Certificate of Interested Parties: Yes. Served on 08/28/2017. Manner of Service: email. [17-1285]--[Edited 08/29/2017 by LG to remove PDF from entry, as pleading was filed on 8/28/2017] KRS [Entered: 08/28/2017 04:41 PM] |
| [10493449] Docketing statement filed by Christa Hecht and Brenda McCracken. Served on 08/25/2017. Manner of Service: email. [17-1285] SSM [Entered: 08/25/2017 03:06 PM] |
| [10493425] Notice of appearance filed by Ms. Casie D. Collignon, Esq. and Ms. Sammantha Jeannine Tillotson for Progressive Preferred Insurance Company and Progressive Direct Insurance Company. CERT. OF INTERESTED PARTIES: y. Served on 08/25/2017. Manner of Service: email. [17-1285] [Entered: 08/25/2017 02:27 PM] |
| [10493397] Notice of appearance submitted by Casie D. Collignon and Sammantha J. Tillotson for Appellees Progressive Direct Insurance Company and Progressive Preferred Insurance Company for court review. Certificate of Interested Parties: Yes. Served on 08/25/2017. Manner of Service: email. --[Edited 08/25/2017 by SDS to remove pdf from entry as the pleading has been filed][17-1285] CDC [Entered: 08/25/2017 01:52 PM] |
| [10493454] Notice of appearance submitted by Bradley A. Levin and Susan S. Minamizono for Appellants Christa Hecht and Brenda McCracken for court review. Certificate of Interested Parties: No. Served on 08/25/2017. Manner of Service: email. [17-1285] --[Edited 08/25/2017 by AT to remove PDF as pleading was filed on 8/25/2017.] SSM [Entered: 08/25/2017 03:09 PM] |
| [10493467] Minute order filed - Transcript order form due 09/08/2017 for Darlene Martinez.. (Text Only - No Attachment) [17-1285] [Entered: 08/25/2017 03:26 PM] |
| [10493456] Acknowledgment of transcript order filed by Christa Hecht and Brenda McCracken. Transcript ordered: 7/12/2017 Hearing. Served on: 08/25/2017. Manner of Service: email. [17-1285] SSM [Entered: 08/25/2017 03:12 PM] |
| [10493469] Notice of appearance filed by Mr. Bradley A. Levin and Ms. Susan S. Minamizono for Brenda McCracken and Christa Hecht. CERT. OF INTERESTED PARTIES: n. Served on 08/25/2017. Manner of Service: email. [17-1285] [Entered: 08/25/2017 03:30 PM] |
| [10489875] Civil case docketed. Preliminary record filed. DATE RECEIVED: 08/11/2017. Docketing statement, transcript order form and notice of appearance due 08/28/2017 for Christa Hecht and Brenda McCracken. Notice of appearance due on 08/28/2017 for Progressive Direct Insurance Company and Progressive Preferred Insurance Company. [17-1285] [Entered: 08/14/2017 08:16 AM] |
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