American Family Mutual Insurance Company, Inc. v. Denver Haslam et al

Justia Dockets & Filings Tenth Circuit Colorado District Court American Family Mutual Insurance Company, Inc. v. Denver Haslam et al

American Family Mutual Insurance Company, Inc. v. Denver Haslam et al

Plaintiff:	American Family Mutual Insurance Company, Inc.
Defendant:	Denver Haslam, Commercial Capital, Inc., Mikel Mewbourn, M&B Development Group, Inc., Affiliated Financial Group, Inc. and Fall River Village Communities, LLC
Case Number:	1:2009cv00724
Filed:	April 1, 2009
Court:	US District Court for the District of Colorado
Office:	Denver Office
County:	XX US, Outside State
Presiding Judge:	Michael E. Hegarty
Presiding Judge:	Walker D. Miller
Nature of Suit:	Insurance
Cause of Action:	28 U.S.C. § 1332 Diversity-Insurance Contract
Jury Demanded By:	Both

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Date Filed	Document Text
October 30, 2012	Filing 636 ORDER Reopening and Dismissing Claims 631 by Judge David M. Ebel on 10/30/12.(jjhsl, )
August 16, 2012	Filing 629 ORDER re: filing of a joint status report. By Magistrate Judge Michael E. Hegarty on 8/16/2012. (mehcd)
June 6, 2012	Filing 619 ORDER Re: Partially Agreed Motion for Administrative Closure, Vacating Trial Date and Related Deadlines and Setting Settlement Conference 618 . Case is administratively closed. Trial and trial preparation conference and all other related dates and deadlines are vacated. Parties to attend a mediation before Magistrate Judge Hegarty on 6/28/12 at 8:00 a.m. If full and final settlement is not reached, Status Report due by 7/15/2012, by Judge David M. Ebel on 6/6/12.(gmssl, )
May 17, 2012	Filing 612 ORDER. ORDERED that the upcoming motions hearing scheduled for 5/24/12 is vacated, by Judge David M. Ebel on 5/17/12. (lygsl, )
April 27, 2012	Filing 592 ORDER Re: 591 Joint MOTION for Leave to Resubmit the Banks' Response to Joint Motion to Dismiss the Banks' Newly Asserted Counterclaims and Cross Claims in Compliance with the Court's Page Limitations and Joint Motion for Extension of Time for American Family to File a Reply to the Banks' Resubmitted Response. The Court ORDERS that American Family's and the Banks' joint motion is GRANTED, by Judge David M. Ebel on 4/27/12.(lygsl, )
April 24, 2012	Filing 585 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 4/24/2012, denying 581 Motion for Reconsideration of the Court's Order on American Family's Motion for Protective Order Re: Fed. R. Civ. P. 30(b)(6) Deposition of American Family filed by Defendants OneWest Bank and Deutsche Bank National Trust Company. (FTR: C. Coomes -- Courtroom A-501) (mehcd)
April 23, 2012	Filing 580 ORDER granting in part and denying in part 561 Motion for Protective Order by Magistrate Judge Michael E. Hegarty on 04/23/12.(jjhsl, )
March 27, 2012	Filing 529 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 3/27/2012, granting 471 Motion for Leave to Amend to Add Third-Party Claims Against Meritplan, and deferring ruling on 521 Motion to Withdraw as Counsel until 4/3/2012. Status Conference set for 4/3/2012 at 9:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (FTR: C. Coomes -- Courtroom A-501) (mehcd)
February 29, 2012	Filing 465 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 2/29/2012, granting 441 Defendants OneWest Bank, FSB, and Deutsche Bank National Trust Company's Motion for Leave to Amend to Add Claims and to Conduct Additional Discovery, and granting 447 Defendant CCI's Motion for Leave to Conduct Additional Fact Discovery and, if necessary, to File Amended Counterclaim(s) Following Discovery. Discovery due by 4/16/2012. Dispositive Motions due by 4/16/2012. Final Pretrial Conference set for 4/23/2012 09:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (FTR: C. Coomes -- Courtroom A-501) (mehcd)
February 8, 2012	Filing 427 ORDER Setting Trial Dates and Deadlines. Five-day Jury Trial set for 7/30/2012 at 08:30 AM in Courtroom C202 before Judge David M. Ebel. Final Trial Preparation Conference set for 7/25/2012 at 10:00 AM before Judge David M. Ebel, by Judge David M. Ebel on 2/8/12. (lyg, )
January 26, 2012	Filing 416 ORDER granting 412 Motion to Dismiss Party. The claims between American Family Mutual Insurance Company and Denver Haslam pled in this action are hereby dismissed with prejudice, each party to bear their own fees and costs. All other claims and defenses in this action shall remain in the case. By Judge David M. Ebel on 1/26/2012.(sah, )
January 6, 2012	Filing 405 ORDER re: 350 MOTION to Disqualify Counsel Holland & Hart for Defendants/Crossclaimants/Crossclaim Defendants Onewest Bank, FSB and Deutsche Bank National Trust Company filed by American Family Mutual Insurance Company, Inc., 375 MOTION for Sanctions Pursuant to Rule 11 and 28 U.S.C. Section 1927 filed by OneWest Bank, FSB, Deutsche Bank National Trust Company. By Judge David M. Ebel on 1/6/2012. (sah, )
January 5, 2012	Filing 404 MINUTE ENTRY - Courtroom Minutes for Motions Hearing held before Judge David M. Ebel on 1/5/2012. ORDER denying 350 Motion to Disqualify Holland & Hart as Counsel for Defendants/Crossclaimants/Crossclaim Defendants OneWest Bank, FSB and Deutsche Bank National Trust Company; deferring ruling on 375 Motion for Sanctions Pursuant to Rule 11 and 28 U.S.C. Section 1927. Within three business days after the pretrial conference with Magistrate Judge Hegarty, counsel shall contact Judge Ebel's chambers to schedule a five day trial and a final trial preparation conference. (Court Reporter: Darlene Martinez) (lbush)
December 30, 2011	Filing 403 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 12/30/2011, granting in part and denying in part 383 Motion for Protective Order. (FTR: C. Coomes -- Courtroom A-501) (mehcd)
December 9, 2011	Filing 396 ORDER. Defendants and counterclaimants OneWest Bank, FSB and Deutsche Bank National Trust Company (Jointly, the Banks) Motion to Strike Reply Brief or, Alternatively, for Leave to File a Surreply to American Familys Reply in Support of its Motion to to Disqualify 370 is GRANTED in PART and DENIED in Part. By Judge David M. Ebel on 12/9/2011.(sah, )
November 22, 2011	Filing 391 PROTECTIVE ORDER. By Magistrate Judge Michael E. Hegarty on 11/22/2011. (sah, )
November 3, 2011	Filing 381 PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 11/3/2011. (mehcd)
August 12, 2011	Filing 357 ORDER. Plaintiff/Counter-Defendant American Familys Objection to Magistrate Judges Order Denying Motion for Leave to File Designation of Nonparties 320 is OVERRULED. Magistrate Judge Hegartys Order Denying Motion for Leave to File Designation of Nonparties 310 . Plaintiff/Counter-Defendant American Familys Motion to Consolidate Cases for Trial Pursuant to Fed. R. Civ. P. 42(a) 323 is DENIED. By Judge David M. Ebel on 8/12/2011.(sah, )
August 3, 2011	Filing 352 Courtroom Minutes for proceedings held before Judge David M. Ebel: Motions Hearing held on 8/3/2011. Denver Haslam and Commercial Capital, Inc. shall submit Notices of Remaining Issues by the end of the day on 8/3/11. Ms. Chaney and Mr. Carrigan ma y file case law on the subject of a standard of review for Magistrate Judge Hegarty's ruling by close of business on 8/5/11, not to exceed 3 pages in length. The parties may submit response briefs to the standard of review, not to exceed 2 pages in length, by 12:00 p.m. on 8/5/11. Taking under advisement 320 Appeal of Magistrate Judge Decision to District Court. Taking under advisement 323 Motion to Consolidate Cases for Trial. (Court Reporter: Tracy Weir) (eseam)
July 6, 2011	Filing 338 MINUTE ORDER denying without prejudice 329 Motion to Withdraw as Counsel filed by Jay M. Freeman, by Magistrate Judge Michael E. Hegarty on 7/6/2011. (mehcd)
June 21, 2011	Filing 324 ORDER of Reference to United States Magistrate Judge Michael E. Hegarty, by Judge David M. Ebel on 6/21/11. (lsw, )
March 31, 2011	Filing 315 ORDER. American Familys Notice of Bankruptcy Trustees Position that Trial Set for April 18, 2011 Is Subject to Automatic Stay Pending Relief from Stay and Corresponding Request for a Forthwith Order Vacating Trial Date 308 is GRANTED. The trial da te of April 18, 2011; the pretrial conference set for 4/6/2011; and the obligations in preparation for those dates outlined in this Courts Order dated 3/22/2011, 306 , are vacated. This case will be administratively closed until the parties notify t his Court that the bankruptcy court has granted relief from the automatic stay or that the bankruptcy case is dismissed. If by 10/30/2011, the bankruptcy court has not granted relief from the automatic stay, then the parties are ordered to file a status report on the bankruptcy proceedings. by Judge David M. Ebel on 3/31/2011. (sah, )
March 24, 2011	Filing 309 ORDER re: 308 Plaintiffs Notice of Bankruptcy Trustees Position That Trial Set for 4/18/2011 is Subject to Automatic Stay Pending Relief From Stay and Corresponding Request for a Forthwith Order Vacating Trial Date. Anyparty that wishes to file a m emorandum and response to the notice provided by Plaintiff or in response to the notification of this Courts planned action on close of business on 3/31/2011, is ORDERED to file any such response that they desire to file no later than noon on 3/30/2011. By Judge David M. Ebel on 3/24/2011. (sah, )
March 22, 2011	Filing 307 ORDER. Defendants Joint Motion to Bifurcate Trial 269 is GRANTED. Only American Familys claims and Haslams counterclaims against American Family shall be tried during the initial trial of this case, currently scheduled to commence on 4/18/2011. The Court shall schedule a trial of the Banks and Fall Rivers cross-claims, if necessary, in front of a separate jury after the jury returns its verdict in the trial set to commence on 4/18/2011. By Judge David M. Ebel on 3/22/2011.(sah, )
January 25, 2011	Filing 296 AMENDED ORDER APPROVING STIPULATION FOR DISMISSAL. The Unopposed Motion for Correction of Clerical Mistake or Oversight in Entry of Order 295 filed 1/20/2011, is GRANTED. The courts Order of Dismissal as to Defendant, Fall River Village Communiti es, LLC, Only 292 entered 1/14/2011, is WITHDRAWN. Defendant, Fall River Village Communities, LLC, is REINSTATED as a named defendant in this action. The Stipulation For Dismissal With Prejudice of Claims Between Plaintiff American Family Mutual Insurance Company and Defendant Fall River Village Communities, LLC, Only 291 filed 1/14/2011, is APPROVED. Plaintiffs claims against defendant, Fall River Village Communities, LLC, are DISMISSED WITH PREJUDICE, with the parties to pay their own a ttorney fees and costs. The counterclaims of defendant, Fall River Village Communities, LLC, against the plaintiff are DISMISSED WITH PREJUDICE, with the parties to pay their own attorney fees and costs. This order SUPPLANTS and SUPERSEDES the order 292 entered 1/14/2011. By Judge Robert E. Blackburn on 1/25/2011.(sah, ) Modified on 1/25/2011 to include the full title of the Order (sah, ).
January 14, 2011	Filing 292 ORDER. The Stipulation For Dismissal With Prejudice of Claims Between Plaintiff American Family Mutual Insurance Company and Defendant Fall River Village Communities, LLC, Only 291 filed 1/14/2011, is APPROVED. Plaintiffs claims against defendant, Fall River Village Communities, LLC, are DISMISSED WITH PREJUDICE with the parties to pay their own attorney fees and costs. Defendant, Fall River Village Communities, LLC, is DROPPED as a named party to this action, and the case caption is amended accordingly. By Judge Robert E. Blackburn on 1/14/2011. (sah, )
January 10, 2011	Filing 285 ORDER. The Motion for Summary Judgment on Behalf of Defendants Mikel Mewbourn and M & B Development Group, Inc. 194 filed 6/1/2010, is GRANTED. The Motion for Partial Summary Judgment on Behalf of Defendants Onewest Bank, FSB, Deutsche Bank Nation al Trust Company and Denver Haslam 195 filed 6/1/2010, is DENIED. The Plaintiffs Motion for Summary judgment on the Counterclaim of Defendant Fall River Village Communities, LLC 212 filed 6/1/2010, is GRANTED. The Plaintiffs Motion for Summary judgment on the Counterclaim of Defendant Haslam 214 , filed 6/1/2010, is DENIED. By Judge Robert E. Blackburn on 1/10/2011.(sah, )
July 28, 2010	Filing 265 ORDER. The Stipulation Pursuant To Rule 41 For Dismissal of First Counterclaim of Fall River Village Communities 264 filed 07/28/2010, is APPROVED. The first counterclaim of Fall River Village Communities (breach ofcontract) is DISMISSED WITH PREJUDICE. Pursuant to REB Civ. Practice Standard II.I.1, the parties shall file a joint status report by 08/09/2010, identifying the remaining claims in this matter. By Judge Robert E. Blackburn on 07/28/2010. (sah, )
July 2, 2010	Filing 240 Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 7/2/2010, denying 230 Motion for Sanctions. First Status Report from Mr. Dunn due by 7/6/2010. Second Status Report from Mr. Dunn due by 7/12/2010. Telephonic Status Conference set for 7/13/2010 03:00 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. (Court Reporter FTR - C. Coomes) (mehcd)
May 17, 2010	Filing 188 MINUTE ORDER. Plaintiffs Motion For Leave To Exceed Page Limitation Set Forth in Reb Civ. Practice Standard V.I.4.a 184 filed 05/06/2010, is GRANTED. Defendants Motion To File Brief in Excess of Page Limitations 187 filed 05/17/2010, is GRANTED. By Judge Robert E. Blackburn on 05/17/2010.(sah, )
May 7, 2010	Filing 185 ORDER granting 162 Plaintiff's Motion to Compel Defendant Mewbourn and Defendant M&B Development Group, Inc.'s Responses to Discovery. The motion hearing set for 5/11/2010 is vacated. By Magistrate Judge Michael E. Hegarty on 5/7/2010. (mehcd)
April 6, 2010	Filing 165 MINUTE ORDER granting 135 Defendant Fall River Village's Motion to Amend its Answer ti Include Counterclaims and Crossclaims; and granting 140 the unopposed Defendant Fall River Village's Motion to Amend its Cross Claims to Add a Fourth Claim for Relief. On or before 4/9/2010, Fall River shall file its Amended Answer, Counterclaims and Crossclaims formatted in accordance with D.C. Colo. LCivR 10.1E and Judge Blackburn's Practice Standards for Civil Actions. The Plaintiff and Defendant Haslam shall file responses to the counterclaims and crossclaims in accordance with Fed. R. Civ. P. 15(a) and all applicable rules. By Magistrate Judge Michael E. Hegarty on 4/6/2010. (mehcd)
March 29, 2010	Filing 158 MINUTE ORDER granting 139 Motion for Leave to File Cross-Complaint. TheClerk of the Court is directed to file the Cross-Complaint found at docket #139-2. Defendant Haslam shall file an answer or other response to the Cross-Complaint in accordance with Fed. R. Civ. P. 15(a). By Magistrate Judge Michael E. Hegarty on 3/29/2010. (mehcd)
February 22, 2010	Filing 133 MINUTE ORDER denying 131 Motion for Protective Order to Preclude Depositions by Adlfinger Insurance Agency, by Magistrate Judge Michael E. Hegarty on 2/22/2010. (mehcd)
February 19, 2010	Filing 130 ORDER granting 114 the Renewed Motion to Modify Scheduling Order filed by Fall River Communities, LLC. The deadline for Amendment of Pleadings is reset to 3/1/2010. By Magistrate Judge Michael E. Hegarty on 2/19/2010. (mehcd)
February 1, 2010	Filing 127 PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 2/1/2010. (mehcd)
December 7, 2009	Filing 88 MINUTE ORDER denying 86 the Stipulated Motion for Protective Order. The parties are granted leave to file a revised proposed protective order (drafted separately from the motion and submitted to the Court in useable format, such as Word or Word Per fect) consistent with Gillard v. Boulder Valley Sch. Dist., 196 F.R.D. 382 (D. Colo. 2000), in which the Court requires a mechanism by which the parties may challenge the designation of information as confidential. By Magistrate Judge Michael E. Hegarty on 12/4/2009. (mehcd)
December 4, 2009	Filing 85 MINUTE ORDER granting 83 the Unopposed Motion to Participate in Settlement Conference by Phone. Counsel shall ensure that the client representative for these Defendants be available by telephone throughout the entirety of the conference. As in all cases, if the absence of a party impedes the progression of settlement efforts, the Court may require that the party attend in person anysubsequent conferences. By Magistrate Judge Michael E. Hegarty on 12/4/2009. (mehcd)
November 4, 2009	Filing 77 TRIAL PREPARATION CONFERENCE ORDER by Judge Robert E. Blackburn on 11/3/09. Seven (7) day Jury Trial set for 8/9/2010 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. Trial Preparation Conference set for 7/23/2010 at 02:30 PM in Courtroom A1001 before Judge Robert E. Blackburn. (rebsec, )
October 30, 2009	Filing 71 MINUTE ORDER granting 69 the Unopposed Motion to Vacate [and Reschedule] Status Conference. Status Conference set for 11/3/2009 is VACATED and RESET to 11/4/2009 09:30 AM in Courtroom C203 before Magistrate Judge Michael E. Hegarty. Counsel for th e parties may appear at the Status Conference by telephone by first conferencing together, then calling my Chambers at (303) 844-4507 at the appointed time. The parties should be prepared to discuss the relief requested in the Stipulated Motion to Indefinitely Extend Expert Disclosure Deadlines currently pending before the Court. By Magistrate Judge Michael E. Hegarty on 10/30/2009. (mehcd)
October 23, 2009	Filing 63 MINUTE ORDER granting 60 Defendants' Motion to Vacate Settlement Conference. On or before 11/2/2009, counsel for the parties shall conference together and call my Chambers at (303) 844-4507 to obtain an alternate date for the settlement conference. By Magistrate Judge Michael E. Hegarty on 10/23/2009. (mehcd)
July 20, 2009	Filing 55 ORDER OF RECUSAL directing reassignment to another judge. By Judge Walker D. Miller on 07/20/2009. (sah, )
July 13, 2009	Filing 53 ORDER for Stay. Matter is stayed as to defendant Commercial Capital, Inc. only pending the outcome of the bankruptcy proceedings ( re: 50 Suggestion of Bankruptcy filed by Commercial Capital, Inc.), by Judge Walker D. Miller on 7/13/09. (gmssl, )
June 29, 2009	Filing 33 Notice (ORDER) of Dismissal of Counterclaims of Fall River Village Communities, LLC. Court takes judicial notice of the 32 Stipulation for Dismissal Without Prejudice. Counterclaims are dismissed without prejudice, each party to pay their own costs and attorneys' fees, by Judge Walker D. Miller on 6/29/09.(gms, )
May 26, 2009	Filing 21 MINUTE ORDER granting in part and denying in part 19 Plaintiff's Unopposed Motion to Vacate and Reschedule the 6/8/09 scheduling conference. Scheduling conference is converted to a Status Conference set for 6/8/2009 09:45 AM before Magistrate Judge Michael E. Hegarty, by Magistrate Judge Michael E. Hegarty on 5/26/09.(gmssl, )
May 7, 2009	Filing 14 Minute ORDER denying as moot 12 Motion to Amend Complaint and Substitute Correct Defendants. The Clerk of the Court is directed to file the First Amended Complaint. Defendants shall respond to the First Amended Complaint within 10 days after service of the pleading by Magistrate Judge Michael E. Hegarty on 05/07/09.(jjh, )

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Search for this case: American Family Mutual Insurance Company, Inc. v. Denver Haslam et al
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Plaintiff: American Family Mutual Insurance Company, Inc.
Represented By:	Lelia Kathleen Chaney
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Defendant: Denver Haslam
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Defendant: Commercial Capital, Inc.
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Defendant: Mikel Mewbourn
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Defendant: M&B Development Group, Inc.
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Defendant: Affiliated Financial Group, Inc.
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Defendant: Fall River Village Communities, LLC
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