Garcia v. Berkshire Life Ins, et al
Plaintiff: Tina Garcia
Defendant: Berkshire Life Insurance Company and Guardian Life Insurance Company of America, The
Interested_party: Susan Goddard
Case Number: 1:2004cv01619
Filed: February 2, 2010
Court: US District Court for the District of Colorado
Office: Denver Office
Presiding Judge: Lewis T. Babcock
Presiding Judge: Boyd N. Boland
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Insurance Contract

Available Case Documents

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Date Filed Document Text
February 2, 2011 Opinion or Order Filing 517 ORDER. The recommendation is accepted and the findings in the recommendation 514 are accepted and made an order of this Court. By Judge Lewis T. Babcock on 2/2/2011.(sah, )
January 20, 2011 Opinion or Order Filing 515 ORDER: Denying as moot 472 Defendants Motion Regarding Proposed Sanction. Denying as moot 474 Defendants Motion for Sanctions Due to Spoliation of Evidence and Non-Disclosure Under Fed. R. Civ. P. 26(a)(2). Denying as moot 484 Defendants Motion to Extend Deadline for Service of Rebuttal Rule 26(a)(2)Disclosure, by Magistrate Judge Boyd N. Boland on 1/20/11.(bnbcd, )
December 29, 2010 Opinion or Order Filing 506 ORDER. The recommendation of the Magistrate Judge 501 is accepted and Plaintiff's Motion to Dismiss for Lack of Jurisdiction 496 is DENIED. By Judge Lewis T. Babcock on 12/29/2010.(sah, )
December 21, 2010 Opinion or Order Filing 505 ORDER : regarding custody of exhibits and deposition, by Magistrate Judge Boyd N. Boland on 12/21/10. (bnbcd, )
December 13, 2010 Opinion or Order Filing 501 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. It is RECOMMENDED that Plaintiffs Status Report 496 BE DENIED. By Magistrate Judge Boyd N. Boland on 12/13/2010. (sah, )
December 3, 2010 Opinion or Order Filing 494 ORDER : granting 491 Defendants Opposed Motion for Leave to Take PreservationDeposition of Edward Kimball, by Magistrate Judge Boyd N. Boland on 12/3/10.(bnbcd, )
November 18, 2010 Opinion or Order Filing 490 ORDER :granting 486 Defendants Opposed Motion for Leave to Take Preservation Deposition of Craig Durkin. The defendants may take the deposition of Mr. Durkin and record it by videotape at such date and time as may be established by a notice of deposition and, if necessary, subpoena. by Magistrate Judge Boyd N. Boland on 11/18/10.(bnbcd, )
August 30, 2010 Opinion or Order Filing 479 ORDER re: 478 USCA Mandate. Berkshire is entitled to withhold up to twenty-five percent (25%) of $2,530 (i.e., approximately $600) from each payment it makes until the entire judgment owed by Ms. Garcia to Berkshire is fully paid. By Judge Lewis T. Babcock on 08/30/2010. (sah, )
August 5, 2010 Opinion or Order Filing 471 ORDER re: 466 Order dated 07/21/2010. Please see Order for details. By Magistrate Judge Boyd N. Boland on 08/05/2010. (sah, )
July 21, 2010 Opinion or Order Filing 466 ORDER. The Motion to Seal 424 is GRANTED. The Motion for Accommodation 436 , Motion In Limine 437 , and Motion for Protective Order 441 are DENIED as abandoned. A one day evidentiary hearing is set for 11/18/2010, at 9:00 a.m., in Courtroom 4 01, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. on or before July 30, 2010, the parties shall submit status reports. A status conference to address the procedures to be applied at the Hearing on Remand is set for 08/05/2010, at 10:00 a.m., in Courtroom 401. Ms. Garcias failure to comply with the requirements of this order or failure to appear at future hearings may result in the imposition of sanctions against her. By Magistrate Judge Boyd N. Boland on 07/21/2010.(sah, )
June 10, 2010 Opinion or Order Filing 456 ORDER. The Motion to Dismiss 448 and the Motion for Relief 454 are STRICKEN without prejudice. Any renewed motion must be a single motion; must request all of the relief the plaintiff seeks in connection with dismissal, remand, and the jurisdict ion of this court; and must not exceed 20 pages plus any exhibits reasonably necessary to support the renewed motion. The plaintiff shall cease redundant filings. Failure to comply with this requirement may result in the imposition of sanctions against the plaintiff. By Magistrate Judge Boyd N. Boland on 06/10/2010.(sah, )
June 3, 2010 Opinion or Order Filing 452 ORDER: denying 431 Plaintiffs Motion for the Recusal or Disqualification of Judge Babcock and Magistrate Judge Boland. Denying 444 Plaintiffs Motion to Disqualify Magistrate Boland and Judge Babcock and/or a Motion for Substitution, by Magistrate Judge Boyd N. Boland on 6/3/10.(bnbcd, )
April 21, 2010 Opinion or Order Filing 450 ORDER: To the extent that Plaintiff, Tina Garcia, seeks my recusal in this matter and that a new judge be assigned to this case, I DENY her request as it pertains to me in: (1) Plaintiffs Motion for the Recusal or Disqualification of Judge Babcock an d Magistrate Judge Boland 431 and (2) Plaintiffs Motion to Disqualify Magistrate Boland and Judge Babcock And/Or Motion for Substitution 444 . Note that the motions remain pending to the extent that Plaintiff seeks Magistrate Judge Bolands recusal. by Judge Lewis T. Babcock on 4/21/10. (jak, )
March 16, 2010 Opinion or Order Filing 445 ORDER re: 444 MOTION to Disqualify Magistrate Boland and Judge Babcock filed by Tina Garcia. Defendants have up to and including 4/6/10 to file a response and Plaintiff has up to and including 4/20/10 to file a reply. As to disqualification of Magistrate Judge Boland, that portion of the motions is referred to Magistrate Judge Boland for determination, by Judge Lewis T. Babcock on 3/16/10. (jak, )
February 17, 2010 Opinion or Order Filing 434 MINUTE ORDER. Plaintiffs Request to Remove Duplicative Pleadings From the Docket and Motion to Supplement Plaintiffs Motion for the Recusal or Disqualification of Judge Babcock and Magistrate Judge Boland 433 is GRANTED AS FOLLOWS: Plaintiffs plea dings, 427 and 428 are stricken and 431 remains. Plaintiffs Motion for the Recusal or Disqualification of Judge Babcock and Magistrate Judge Boland is supplemented with paragraphs 5 through 12 of Plaintiffs Motion to Supplement. This will confirm that Defendants response to Plaintiffs Motion to Recuse Judge Babcock [Doc 431] is due on or before March 5, 2010. Plaintiffs reply is due on or before March 19, 2010. by Judge Lewis T. Babcock on 02/17/10.(ltbcd, )
February 12, 2010 Opinion or Order Filing 432 ORDER : re: 431 MOTION for Recusal filed by Tina Garcia, 427 MOTION for Recusal filed by Tina Garcia, 428 MOTION for Recusal filed by Tina Garcia. The defendants shall respond on or before March 5, 2010, and the plaintiff shall reply on or before March 19, 2010. by Magistrate Judge Boyd N. Boland on 2/12/10. (bnbcd, )
February 2, 2010 Opinion or Order Filing 421 SUPPLEMENTAL ORDER of Reference to Magistrate Judge. By Judge Lewis T. Babcock on 02/02/2010. (sah, )
November 9, 2009 Opinion or Order Filing 412 ORDER on Plaintiff's Motion to Vacate Order and for Continuance 409 is Granted and a scheduling hearing is scheduled for 12/29/09 at 9:00 a.m. by Judge Lewis T. Babcock on 11/09/09. (jjh, ) Modified on 11/10/2009 to add 9:00 a.m. to text (jjh, ).
February 17, 2009 Opinion or Order Filing 394 ORDER denying 383 Motion for Award of Attorney Fees and Motion for Setoff Against Disability Payments by Judge Lewis T. Babcock on 02/17/2009.(sah, )
February 9, 2009 Opinion or Order Filing 393 ORDER denying 392 Plaintiffs Motion for Leave to File Surreply in Support of Plaintiffs Reply to Defendants Motion for Award of Attorneys Fees and Motion for Setoff Against Disability Payments by Judge Lewis T. Babcock on 02/09/2009.(sah, )
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Plaintiff: Tina Garcia
Represented By: Gregory A. Gold
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Defendant: Berkshire Life Insurance Company
Represented By: Michael S. Beaver
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Defendant: Guardian Life Insurance Company of America, The
Represented By: Michael S. Beaver
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Interested_party: Susan Goddard
Represented By: Susan B. Goddard
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