Fiechtner v. American Family Mutual Insurance Company
Plaintiff: Dawnmarie Fiechtner
Defendant: American Family Mutual Insurance Company
Case Number: 1:2009cv02681
Filed: November 16, 2009
Court: US District Court for the District of Colorado
Office: Denver Office
County: Weld
Presiding Judge: Robert E. Blackburn
Presiding Judge: Michael E. Hegarty
Nature of Suit: Defendant
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Insurance Contract
Jury Demanded By: Defendant
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Date Filed Document Text
October 17, 2011 Opinion or Order Filing 403 ORDER that Defendants oral motion to dismiss is DENIED. The Clerk shall enter judgment on the verdict returned by the jury in this action. by Judge William J. Martinez on 10/17/2011. (erv, )
October 13, 2011 Opinion or Order Filing 400 Stipulation and ORDER Regarding Custody of Exhibits and/or Depositions by Judge William J. Martinez on 12/13/2011. (erv, )
October 11, 2011 Opinion or Order Filing 394 ORDER During trial, Defendant proffered Exhibit 89 into evidence and the Court admitted it over Plaintiffs objection.1 At the conclusion of her case in chief, Plaintiff moved the Court to reconsider admission of certain portions of Exhibit 89. Plaintiffs Motion to Reconsider is DENIED. by Judge William J. Martinez on 10/11/2011. (erv2, )
September 15, 2011 Opinion or Order Filing 348 ORDER granting 241 Defendants Motion in Limine regarding Plaintiffs use of evidence from other claims and/or litigation against Defendant. by Judge William J. Martinez on 9/15/2011.(erv, )
September 14, 2011 Opinion or Order Filing 341 MINUTE ORDER granting 336 the Unopposed Motion to Withdraw as Attorneys for Plaintiff. Barkley Martinez, P.C.; Richard P. Barkley; and Meghan W. Martinez are terminated. By Magistrate Judge Michael E. Hegarty on 9/14/2011. (mehcd)
September 13, 2011 Opinion or Order Filing 338 ORDER granting in part and denying in part 240 Defendant American Family Mutual Insurance Companys Motion in Limine seeking to exclude evidence related to Defendants post-litigation conduct. by Judge William J. Martinez on 9/13/2011.(erv, )
July 27, 2011 Opinion or Order Filing 309 MINUTE ORDER granting 307 Plaintiffs Renewed Unopposed Motion to Amend/Modify Protective Order by Magistrate Judge Michael E. Hegarty on 7/27/2011.(erv, )
July 25, 2011 Opinion or Order Filing 306 MINUTE ORDER Denying Without Prejudice 304 Plaintiffs Unopposed Motion to Amend the Protective Order, by Magistrate Judge Michael E. Hegarty on 7/25/2011.(erv, )
July 11, 2011 Opinion or Order Filing 300 Minute Entry for Motion Hearing held before Judge William J. Martinez on July 11, 2011: ORDERED:Mr. Levy's request to tender two new exhibits to append the Motion, 155 is DENIED.ORDERED:Plaintiff DawnMarie Fiechtner's Motion to Strike And /Or Motion in Limine Re: Reference to or Use of the Unlawfull obtained Statement of Plaintiff 155 is GRANTED IN PART AND DENIED IN PART. Defendant will not be permitted to introduce the Statement itself into evidence. However, the Court will not exclude any evidence that relied on or otherwise considered Plaintiff's January 10, 2008 statement. ORDERED:Plaintiff's Motion to Strike and/or Motion in Limine Re: Defendant's Comparative Negligence Defense 237 is DENIED. ORDERED: Plaintiff's Motion in Limine Re: Introduction of After-Acquired Evidence 238 is DENIED. ORDERED:Defendant's Motion in Limine Re: Plaintiff's Allegations of Bad Faith Post-Litigation Conduct 240 shall be considered in two parts. Wi th regard to attorney post-litigation conduct, the motion is taken UNDER ADVISEMENT. Counsel will be advised if the Court believes supplemental briefing on this issue will be helpful.The motion insofar as it relates to non-attorney post-litigation co nduct with respect to American Family and its employees' conduct since this litigation has begun, RULING IS RESERVED.Before Plaintiff is permitted to introduce evidence of Defendant's post-litigation conduct, she will be required to show ho w such acts related to prelitigation conduct and how the proposed evidence is more probative than prejudicial. ORDERED:Plaintiff's Motion for Leave to Amend Complaint to Add Specific Allegations Regarding Defendant's Post-Litigation Conduct 277 is DENIED AS MOOT. Plaintiff included her claim for post-litigation conduct in the Final Pretrial Order, which supersedes the pleadings in this case. As such, the operative pleading which will govern this trial already contains a claim for po st-litigation conduct and there is no need to formally amend Plaintiff's Complaint. ORDERED:Defendant's Motion to Strike And/Or Motion in Limine Re: Plaintiff's Use of Evidence From Other Claims And/Or Litigation Involving American Fa mily 241 RULING IS RESERVED. ORDERED:On or before August 31, 2011, the Plaintiff will file a pleading which identifies those individuals from the nine proposed witnesses who have asserted claims against Defendant in other actions and are listed in the Pretrial Order, whom Mr. Levy believes meet the nexus requirement set forth in the Court's oral ruling with respect to being able to testify at trial in this case as to conduct by the Defendant in other cases.The Court will only allow testi mony from these witnesses about practices or policies that were used in handling Plaintiff's claims and that form the basis for Plaintiff's bad faith claim. Plaintiff should not anticipate calling any of these witnesses without the express permission of the Court. Prior to their testimony, Plaintiff will be required to make a proffer as to what their testimony will be and why it is more probative than prejudicial.ORDERED: Mr. Levy's request for leave to file one more briefing with respect to the Brekke case is denied. (Court Reporter: Kara Spitler) (wjmcd, )
May 2, 2011 Opinion or Order Filing 280 AMENDED ORDER re: 279 Order on Motion for Costs, correcting the District Judge's Initials to WJM-MEH by Magistrate Judge Michael E. Hegarty on 5/2/2011. (erv, )
February 14, 2011 Opinion or Order Filing 257 ORDER. Joint Status Report due by 2/23/2011, by Judge William J. Martinez on 2/14/11. (gmssl, )
January 4, 2011 Opinion or Order Filing 247 ORDER. The Trial Preparation Conference, currently scheduled for Friday, 1/7/2011, at 9:00 a.m., as well as the trial, currently scheduled to commence on Monday, 1/24/2011, are VACATED and CONTINUED. The parties Joint Request for Eight (8) Trial Da ys 239 filed 12/22/2010, is GRANTED. Plaintiffs Motion for Continuance of Trial 173 filed 11/18/2010, is DENIED as moot. A telephonic setting conference for the purpose of resetting the Trial Preparation Conference and trial is set for 2/28/2011, at 10:00 a.m. By Judge Robert E. Blackburn on 1/4/2011.(sah, )
December 10, 2010 Opinion or Order Filing 227 ORDER granting in part and denying in part 189 Plaintiff's Motion to Compel & Objection to Documents from Defendant's Privilege Log. Defendant shall produce the 9/16/10 email to Chambers for in camera review before the close of business on Monday, December 13, 2010. By Magistrate Judge Michael E. Hegarty on 12/10/2010. (mehcd)
December 8, 2010 Opinion or Order Filing 223 ORDER granting in part and denying in part 174 Plaintiff's Motion toCompel Disclosure and Discovery Re: Defendant's Defenses and Supplemental Discovery Responses; and granting in part and denying in part 175 Plaintiff's Motion to Modify Scheduling Order to Permit Additional Discovery. Discovery due by 12/14/2010. By Magistrate Judge Michael E. Hegarty on 12/8/2010. (mehcd)
December 7, 2010 Opinion or Order Filing 221 ORDER. The magistrate judges Recommendation 96 filed 10/19/2010 is APPROVED AND ADOPTED as an order of this court. The objections stated in Plaintiffs Objection to Recommendations of United States Magistrate Judge 138 filed 11/05/2010, are OVER RULED. Plaintiffs Motion To Amend Scheduling Order and for Leave To File Amended Complaint To Assert Class Action Claims and Punitive Damages 34 (sealed entry 25 ), filed 08/30/2010, is GRANTED IN PART and DENIED IN PART. By Judge Robert E. Blackburn on 12/07/2010.(sah, )
November 23, 2010 Opinion or Order Filing 197 MINUTE ORDER granting 187 Defendant's Motion to Compel Production of Legible Copy of 2008 W-2 Form. Plaintiff shall produce a signed IRS release to Defendant, permitting Defendant to obtain Plaintiffs relevant W-2 forms directly from the IRS. Plaintiff must produce a signed release on or before November 30, 2010. The Court takes notice of Plaintiff's Renewed Opposition to Defendant's Motion to Quash and for Protective Order Re: Deposition Subpoena to Mary Gibbons [filed Novemb er 22, 2010; docket #192] and orders as follows. Defendant shall supplement its letter regarding Mary Gibbons' participation related to the Colorado Claims Law document with whether Ms. Gibbons reviewed or approved the letter for use by Defendant, or participated in any other manner related to the letter, on or before November 30, 2010. By Magistrate Judge Michael E. Hegarty on 11/23/2010. (mehcd)
November 19, 2010 Opinion or Order Filing 180 Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing held on 11/19/2010, granting in part and denying in part Plaintiff's Motions to Compel 134 , 135 , 146 , and 156 . (FTR: C. Coomes - C-203) (mehcd)
November 9, 2010 Opinion or Order Filing 145 PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 11/9/2010. (mehcd)
November 1, 2010 Opinion or Order Filing 123 MINUTE ORDER denying without prejudice 116 Plaintiff's Motion to Compel Complete Claim File (sealed document 113), by Magistrate Judge Michael E. Hegarty on 11/1/2010. (mehcd)
October 19, 2010 Opinion or Order Filing 96 RECOMMENDATION that 34 Plaintiff's Motion to Amend 8 Scheduling Order and for Leave to File Amended Complaint to Assert Class Action Claims and Punitive Damages be granted in part and denied in part, by Magistrate Judge Michael E. Hegarty on 10/19/2010. (mehcd)
October 13, 2010 Opinion or Order Filing 95 ORDER granting 45 Defendant's Motion for Independent Medical Examination Under Fed. R. Civ. P. 35, by Magistrate Judge Michael E. Hegarty on 10/13/2010. (mehcd)
September 14, 2010 Opinion or Order Filing 44 MINUTE ORDER granting in part and denying in part 42 Defendant's Second Motion to Amend Scheduling Order. Defendant's Rule 26(a)(2) disclosures due by 10/1/2010. By Magistrate Judge Michael E. Hegarty on 9/14/2010. (mehcd)
July 8, 2010 Opinion or Order Filing 17 PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 7/8/2010. (mehcd)
February 1, 2010 Opinion or Order Filing 9 TRIAL PREPARATION CONFERENCE ORDER by Judge Robert E. Blackburn on 2/1/10. Trial Preparation Conference set for 1/7/2011 at 9:00 AM; five-day Jury Trial set to commence 1/24/2011 at 8:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. (rebcd)
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Plaintiff: Dawnmarie Fiechtner
Represented By: Barry Ira Dunn
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Defendant: American Family Mutual Insurance Company
Represented By: Suzanne J. Lambdin
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