Rankin et al v. USAA Casualty Insurance Company
| Rankin, Celia Rankin and Todd Rankin |
| USAA Casualty Insurance Company |
| 1:2016cv00373 |
| February 16, 2016 |
| US District Court for the District of Colorado |
| Denver Office |
| Boulder |
| William J Martinez |
| Scott T Varholak |
| Nina Y Wang |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on November 13, 2017. A more recent docket listing may be available from PACER.
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Filing 98
Civil Case Terminated pursuant to #97 STIPULATION for Dismissal with Prejudice filed in this case on 11/13/2017. Text Only Entry (angar, )
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Filing 97
STIPULATION for Dismissal with Prejudice by Defendant USAA Casualty Insurance Company. (Moseley, Jeremy)
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Filing 96
ORDER: This matter is before the Court on the Parties' Joint Notice of Settlement of all Claims and Motion to Vacate Trial 357 . In reliance upon counsel's representations to the Court contained in their Notice of Settlement, and consistent with WJM Revised Practice Standards IV.C.2., the Final Trial Preparation Conference set for November 9, 2017 and the 10-day Jury trial set to commence on November 27, 2017 are hereby VACATED. The Clerk of Court is DIRECTED to TERMINATE all pending Motions, without prejudice to renewal in the event that the parties' settlement is not finalized. It is FURTHER ORDERED that final dismissal papers shall be filed on or before November 17, 2017. SO ORDERED Text Only Entry (wjmsec, )
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Filing 95
NOTICE of Settlement Stipulated by Plaintiffs Celia Rankin, Todd Rankin (Henderson, Thomas)
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Filing 94
ORDER: This matter is before the Court on the parties' Joint Status Report Regarding Mediation #91 . That document promised a further status report by October 23, 2017, but the parties filed nothing on that date and have filed nothing since. Accordingly, the parties are ORDERED to file a supplemental joint status report no later than 4:30 p.m. TODAY, describing the current status of their settlement negotiations. If the parties have reached a settlement, they may instead file a notice of settlement in compliance with WJM Revised Practice Standard IV.C. SO ORDERED by Judge William J. Martinez on 10/26/2017. Text Only Entry (wjmlc1)
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Filing 93
ORDER granting the Parties' Joint Motion to Amend Pretrial Motion in Limine Deadline #92 . The Parties are granted leave, for good cause shown, to submit motions in limine on or before October 26, 2017. SO ORDERED by Judge William J. Martinez on 10/19/2017. Text Only Entry (wjmsec, )
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Filing 92
Joint MOTION to Amend/Correct/Modify Pretrial Motion in Limine Deadline by Plaintiffs Celia Rankin, Todd Rankin. (Boyle, Nelson)
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Filing 91
STATUS REPORT re: Mediation by Plaintiffs Celia Rankin, Todd Rankin. (Henderson, Thomas)
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Filing 90
REPLY to Response to #82 MOTION to Exclude Opinions of Plaintiffs' Insurance Expert that are Based on the Wrong Sections of the Policy filed by Defendant USAA Casualty Insurance Company. (Attachments: #1 Exhibit D)(Moseley, Jeremy)
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Filing 89
REPLY to Response to #83 MOTION to Strike Testimony of Steven Plitt, Esq. filed by Plaintiffs Celia Rankin, Todd Rankin. (Boyle, Nelson)
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Filing 88
RESPONSE to #82 MOTION to Exclude Opinions of Plaintiffs' Insurance Expert that are Based on the Wrong Sections of the Policy filed by Plaintiffs Celia Rankin, Todd Rankin. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Boyle, Nelson)
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Filing 87
RESPONSE to #83 MOTION to Strike Testimony of Steven Plitt, Esq. filed by Defendant USAA Casualty Insurance Company. (Attachments: #1 Exhibit A)(Moseley, Jeremy)
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Filing 86
ORDER: Before the Court is the parties' Joint Response to Order to Show Cause #81 . In light of the parties' expressed willingness to attempt to resolve their remaining disputes through mediation, the parties are hereby ORDERED to attend a private mediation concluding no later than October 16, 2017. The parties shall file a joint status report regarding the outcome of that mediation no later than two business days after the conclusion of the mediation. SO ORDERED by Judge William J. Martinez on 09/12/2017. Text Only Entry (wjmlc1)
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Filing 85
ORDER granting Plaintiffs' Unopposed Motion for One-Day Extension of Time to Submit F.R.E. 702 Motion (#083) #84 . Plaintiffs are granted leave, for good cause shown, to file said Motion on or before September 1, 2017. It is FURTHER ORDERED that the Plaintiffs' F.R.E. 702 Motion to Preclude Testimony from Steven Plitt #83 is ACCEPTED as filed. SO ORDERED by Judge William J. Martinez on 9/1/2017. Text Only Entry (wjmsec, )
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Filing 84
First MOTION for Extension of Time to SUBMIT F.R.E. 702 MOTION (#083) by Plaintiffs Celia Rankin, Todd Rankin. (Boyle, Nelson)
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Filing 83
MOTION to Strike Testimony of Steven Plitt, Esq. by Plaintiffs Celia Rankin, Todd Rankin. (Attachments: #1 Exhibit 1, #2 Exhibit 249, #3 Exhibit 250)(Boyle, Nelson)
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Filing 82
MOTION to Exclude Opinions of Plaintiffs' Insurance Expert that are Based on the Wrong Sections of the Policy by Defendant USAA Casualty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Moseley, Jeremy)
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Filing 81
RESPONSE to #79 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,,,, and Joint Response to Order to Show Cause by Defendant USAA Casualty Insurance Company. (Moseley, Jeremy)
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Filing 80
MINUTE ORDER. Per the agreement of the parties and in light of #79 Order on Pending Cross-Motions for Summary Judgment, the Discovery Hearing set for 8/30/2017 03:00 PM is VACATED, by Magistrate Judge Scott T. Varholak on 8/30/2017. Text Only Entry (stvlc1, )
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Filing 79
ORDER on Pending Cross-Motions for Summary Judgment. USAA's Motion for Partial Summary Judgment (ECF No. #54 ) is GRANTED. The Rankins' Motion for Partial Summary Judgment (ECF No. #55 ) is DENIED. No later than this Thursday, August 31, 2017, the parties are ORDERED TO SEPARATELY SHOW CAUSE why they should not be ordered to private mediation on or before October 16, 2017 to attempt to resolve whatever disputes remain in this lawsuit, ORDERED by Judge William J. Martinez on 08/29/2017. (angar, )
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Filing 78
MINUTE ORDER Discovery Hearing set for 8/30/2017 03:00 PM in Courtroom C203 before Magistrate Judge Scott T. Varholak. By Magistrate Judge Scott T. Varholak on 8/2/2017. Text Only Entry (stvlc2, )
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Filing 77
NOTICE re #76 Order on Motion to Strike Plaintiffs' Notice of Compliance with Court's June 19, 2017 Order (Doc 76) by Plaintiffs Celia Rankin, Todd Rankin (Henderson, Thomas)
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Filing 76
ORDER granting in part and denying in part #68 Motion to Strike Untimely Disclosed Trial Witnesses McLean, Tatlah, Wegen, and Michelson, by Magistrate Judge Scott T. Varholak on 6/19/2017. (jgonz, )
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Filing 75
MINUTE ENTRY for Motion Hearing held before Magistrate Judge Scott T. Varholak held on 6/8/2017. #68 Defendant USAA CICs Motion to Strike Untimely Disclosed Trial Witnesses McLean, Tatlah, Wegen, and Michelson is TAKEN UNDER ADVISEMENT. Hearing concluded. FTR: STV - C203. (morti, )
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Filing 74
REPLY to Response to #68 MOTION to Strike Untimely Disclosed Trial Witnesses McLean, Tatlah, Wegen, and Michelson filed by Defendant USAA Casualty Insurance Company. (Attachments: #1 Exhibit C - Plitt, S. - condensed transcript 4-25-2017, #2 Exhibit D - Lewis, Liberty - condensed transcript 3-3-2017, #3 Exhibit E - Todd Rankin - condensed transcript 10-18-2016)(Mulvania, Michael)
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Filing 73
MINUTE ORDER. Motion Hearing re: #68 Defendant's Motion to Strike Untimely Disclosed Trial Witnesses McLean, Tatlah, Wegen, and Michelson set for 6/8/2017 11:00 AM in Courtroom C205 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/22/2017. Text Only Entry (stvlc1, )
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Filing 72
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #71 Response to Motion filed by attorney Thomas W. Henderson. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (angar, )
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Filing 71
RESPONSE to #68 MOTION to Strike Untimely Disclosed Trial Witnesses McLean, Tatlah, Wegen, and Michelson filed by Plaintiffs Celia Rankin, Todd Rankin. (Boyle, Nelson)
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Filing 70
MINUTE ENTRY for proceedings held before Judge William J. Martinez: Status Conference held on 4/28/2017. ORDERED:A ten-day jury trial is set at 8:30 a.m., Monday, November 27, 2017, concluding on Friday, December 8, 2017.ORDERED:A Final Trial Preparation Conference is set Thursday, November 9, 2017 at 10:00 a.m. in Courtroom A801 before Judge William J. Martinez. Court Reporter: Darlene Martinez. (dhans, )
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Filing 69
MEMORANDUM regarding #68 MOTION to Strike Untimely Disclosed Trial Witnesses McLean, Tatlah, Wegen, and Michelson filed by USAA Casualty Insurance Company. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 4/28/2017. Text Only Entry (wjmsec, )
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Filing 68
MOTION to Strike Untimely Disclosed Trial Witnesses McLean, Tatlah, Wegen, and Michelson by Defendant USAA Casualty Insurance Company. (Attachments: #1 Exhibit A - Plaintiffs Fifteenth Supplemental Disclosures 3-16-17, #2 Exhibit B - Excerpts from Celia Rankin Deposition Transcript 08-09-16)(Mulvania, Michael)
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Filing 67
Exhibits in Support of #59 Response to Motion,, Plaintiffs' Unopposed Submission of Corrected Exhibits to Their Response to Defendant USAA Casualty Insurance Company's Motion for Partial Summary Judgment by Plaintiffs Celia Rankin, Todd Rankin. (Attachments: #1 Exhibit Corrected Exhibit 7, #2 Exhibit Corrected Exhibit 9, #3 Exhibit Corrected Exhibit 10, #4 Exhibit Corrected Exhibit 12, #5 Exhibit Corrected Exhibit 14, #6 Exhibit Corrected Exhibit 22)(Henderson, Thomas)
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Filing 66
ORDER: This matter is before the Court sua sponte as a result of Counsel's' failure to comply with this Court's Revised Practice Standard V.D. In the #65 Final Pretrial Order entered on March 23, 2017, Counsel stipulated that trial would take an estimated 10 days. Pursuant to this Court's Revised Practice Standards, trials in excess of 5 days will not be set until a Status Conference is held to consider the necessity of a trial in excess of one week. The Court will therefore set a Status Conference without input from counsel for April 28, 2017 at 10:00 a.m in Courtroom A801, and WILL NOT reset the Status Conference absent substantial good cause. The Final Trial Preparation Conference and Trial will be scheduled at this time. SO ORDERED by Judge William J. Martinez on 3/29/2017. Text Only Entry (wjmsec, )
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Filing 65
FINAL PRETRIAL ORDER by Magistrate Judge Scott T. Varholak on 3/23/2017. (morti, )
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Filing 64
MINUTE ENTRY for Final Pretrial Conference held before Magistrate Judge Scott T. Varholak on 3/23/2017. It is ORDERED: The proposed Final Pretrial Order which was submitted to the court is approved with interlineations and made an order of court. Hearing concluded. FTR: STV - C205. (morti, )
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Filing 63
Proposed Pretrial Order Joint with Attachments by Plaintiffs Celia Rankin, Todd Rankin. (Henderson, Thomas)
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Filing 62
NOTICE re #60 Reply to Response to Motion, Resubmission of Exhibits Filed in Support of Reply, by Plaintiffs Celia Rankin, Todd Rankin (Attachments: #1 Exhibit 6, #2 Exhibit 7, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit 10, #6 Exhibit 11, #7 Exhibit 12, #8 Exhibit 13, #9 Exhibit 14)(Boyle, Nelson)
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Filing 61
BRIEF in Support of #54 Partial MOTION for Summary Judgment (Reply Brief) filed by Defendant USAA Casualty Insurance Company. (Attachments: #1 Exhibit N - Lewis supp. report, #2 Exhibit O - Dave Stroman report 10-20-2016, #3 Exhibit P - Johnson transcript 10-11-2016, #4 Exhibit Q - Bridger e-mail 7-18-2014, #5 Exhibit R - Buettner transcript 10-13-2016, #6 Exhibit S - Claim Activity Log, #7 Exhibit T - Buettner letter 12-16-2014, USAACIC_001207, #8 Exhibit U - Perpar, John - condensed transcript 11-15-2016, #9 Exhibit V - Todd Rankin transcript 10-18-2016)(Moseley, Jeremy)
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Filing 60
REPLY to Response to #55 Partial MOTION for Partial Summary Judgment filed by Plaintiffs Celia Rankin, Todd Rankin. (Attachments: #1 Exhibit 6, #2 Exhibit 7, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit 10, #6 Exhibit 11, #7 Exhibit 12, #8 Exhibit 13, #9 Exhibit 14)(Boyle, Nelson)
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Filing 59
RESPONSE to #54 Partial MOTION for Summary Judgment filed by Plaintiffs Celia Rankin, Todd Rankin. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Boyle, Nelson)
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Filing 58
RESPONSE to #55 Partial MOTION for Partial Summary Judgment filed by Defendant USAA Casualty Insurance Company. (Moseley, Jeremy)
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Filing 57
ORDER granting the Parties' Joint Motion for 3-Day Extension of Time to Submit Responses to Cross-Motions for Partial Summary Judgment (Doc. #54 & #55) #56 . The Parties are granted leave, for good cause shown, to file said Responses on or before February 13, 2017. SO ORDERED by Judge William J. Martinez on 2/13/2017. Text Only Entry (wjmsec, )
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Filing 56
Joint MOTION for Extension of Time to Respond to Cross-Motions for Partial Summary Judgment (Docs 54 and 55) by Plaintiffs Celia Rankin, Todd Rankin. (Attachments: #1 Proposed Order (PDF Only))(Boyle, Nelson)
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Filing 55
Partial MOTION for Partial Summary Judgment by Plaintiffs Celia Rankin, Todd Rankin. (Attachments: #1 Exhibit USAA HO-9R Policy, #2 Exhibit Johnson Dep. (excerpts), #3 Exhibit Xactimate Estimates, #4 Exhibit Pace Dep. (excerpts), #5 Exhibit Buettner Dep. (excerpts))(Boyle, Nelson)
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Filing 54
Partial MOTION for Summary Judgment by Defendant USAA Casualty Insurance Company. (Attachments: #1 Exhibit A - Policy Excerpts, #2 Exhibit B - C. Rankin Depo Excerpts, #3 Exhibit C - Excerpts from Lewis Report, #4 Exhibit D - 5-20-15 de Alva email, #5 Exhibit E - T. Rankin Depo Excerpts, #6 Exhibit F - de Alva Depo Excerpts, #7 Exhibit G - USAA estimate Dec 23 2014, #8 Exhibit H - Depo Excerpts of Buettner, #9 Exhibit I - Excerpts from Claim Log, #10 Exhibit J - March 2015 Covington letter, #11 Exhibit K - M. Adams Depo Excerpts, #12 Exhibit L - May 2014 PTC Report, #13 Exhibit M - Shure Report)(Mulvania, Michael)
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Filing 53
ORDER granting #49 Motion for Extension of Expert Deposition Deadline and Final Pretrial Conference. The deadline for completion of expert depositions is extended until 2/28/2017. The Final Pretrial Conference set for 2/7/2017 10:30 AM is VACATED and RESET for 3/23/2017 10:00 AM in Courtroom C205 before Magistrate Judge Scott T Varholak. The parties shall submit their Proposed Pretrial Order on or before 3/16/2017, by Magistrate Judge Scott T Varholak on 1/09/2017. Text Only Entry (stvlc1, )
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Filing 52
MEMORANDUM regarding #49 Joint MOTION for Extension of Time to for Expert Deposition Deadline and Final Pretrial Conference filed by USAA Casualty Insurance Company. Motions referred to Magistrate Judge Scott T Varholak, by Judge William J. Martinez on 1/09/2017. Text Only Entry (slibi, )
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Filing 50
MEMORANDUM regarding #49 Joint MOTION for Extension of Time to for Expert Deposition Deadline and Final Pretrial Conference filed by USAA Casualty Insurance Company. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 1/9/2017. Text Only Entry (wjmsec, )
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Filing 49
Joint MOTION for Extension of Time to for Expert Deposition Deadline and Final Pretrial Conference by Defendant USAA Casualty Insurance Company. (Attachments: #1 Proposed Order (PDF Only))(Mulvania, Michael)
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Filing 48
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #47 Notice (Other) filed by attorney Thomas Henderson. The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil Cases). (Text Only Entry) (cthom, )
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Filing 47
NOTICE Amended Notice of Deposition for John Witkamp by Plaintiffs Celia Rankin, Todd Rankin (Attachments: #1 Exhibit A)(Henderson, Thomas)
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Filing 51
CASE REASSIGNED pursuant to #49 Joint MOTION for Extension of Time to for Expert Deposition Deadline and Final Pretrial Conference. This case was drawn in error. It has been assigned to Magistrate Judge Scott T Varholak in the referral role. All future pleadings should be designated as 16-cv-00373-WJM-STV. (Text Only Entry) (slibi, )
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Filing 46
CASE REASSIGNED. This action is reassigned to Magistrate Judge Scott T. Varholak, upon his appointment. All future pleadings should reference Magistrate Judge Varholak at the beginning of the civil action number (such as 15-cv-00001-WJM-STV). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Varholak in Courtroom C-205. His chambers are located in Room C-254 of the Byron G. Rogers Courthouse. His telephone number is 303-335-2365. (Text only entry) (tscha, )
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Filing 45
ORDER granting #43 UNOPPOSED SECOND MOTION BY PLAINTIFFS FOR EXTENSION OF DEADLINE TO FILE A MOTION TO AMEND COMPLAINT TO ADD REQUEST FOR EXEMPLARY DAMAGES. Plaintiffs have up to and including October 20, 2016, to file their motion to amend their Complaint to include exemplary damages. Furthermore, Counsel is hereby notified that all future motions requesting an extension of time must comply with Judge Martinez's Practice Standards II.D.2, "Absent a true emergency, no motion for an extension of time to file a document or for continuance of a hearing shall be considered unless it is filed on or before the court business day preceding the original filing deadline or hearing date." Future noncompliance will result in the motion being stricken or denied without substantive consideration. By Magistrate Judge Nina Y. Wang on 9/16/2016. Text Only Entry(nywlc2, )
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Filing 44
MEMORANDUM regarding #43 Second MOTION for Extension of Time to File a Motion to Amend Complaint to Add Reqeust for Exemplary Damages filed by Celia Rankin, Todd Rankin. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 09/15/2016. Text Only Entry (wjmsec, )
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Filing 43
Second MOTION for Extension of Time to File a Motion to Amend Complaint to Add Reqeust for Exemplary Damages by Plaintiffs Celia Rankin, Todd Rankin. (Attachments: #1 Proposed Order (PDF Only))(Henderson, Thomas)
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Filing 42
MINUTE ORDER: In light of #41 Minute Order, the telephonic status conference set for September 19, 2016, at 9:30am is VACATED. By Magistrate Judge Nina Y. Wang on 9/15/2016. Text Only Entry (nywlc2, )
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Filing 41
MINUTE ORDER by Magistrate Judge Nina Y. Wang on 9/14/16 re: re: #38 Joint MOTION for Extension of Time. The deadline for initial expert disclosures is EXTENDED to 10/20/2016; The deadline for rebuttal expert disclosures is EXTENDED to 11/28/2016; The discovery cut-off for EXPERTS is EXTENDED to 12/27/2016; The discovery cut-off for ALL ISSUES OTHER THAN EXPERT DISCLOSURES AND DEPOSITIONS REMAINS SET for 11/15/2016; The deadline for filing dispositive motions is EXTENDED to 1/20/2017; The Final Pretrial Conference REMAINS SET for 2/7/2017 at 10:30 a.m. (bwilk, )
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Filing 40
MINUTE ORDER re: #38 Joint MOTION for Extension of Time to for Expert Disclosure and Related Deadlines filed by USAA Casualty Insurance Company. It is ordered that a telephonic status conference is set to discuss the Parties' #38 Joint Motion for Extension of Time for Expert Disclosure and Related Deadlines. Counsel shall coordinate a conference call prior to contacting Chambers on one telephone line at (303) 335-2600 on September 19, 2016, at 9:30am. By Magistrate Judge Nina Y. Wang on 9/8/2016. Text Only Entry (nywlc2, )
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Filing 39
MEMORANDUM regarding #38 Joint MOTION for Extension of Time to for Expert Disclosure and Related Deadlines filed by USAA Casualty Insurance Company. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 09/07/2016. Text Only Entry (wjmsec, )
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Filing 38
Joint MOTION for Extension of Time to for Expert Disclosure and Related Deadlines by Defendant USAA Casualty Insurance Company. (Attachments: #1 Proposed Order (PDF Only))(Moseley, Jeremy) Modified on 9/30/2016 to terminate pursuant to #41 (slibi, ).
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Filing 37
ORDER granting #35 Unopposed Motion for Extension of Time to File a Motion to Amend Complaint to Add Request for Exemplary Damages. The deadline to file the motion is extended to 9/15/2016. By Magistrate Judge Nina Y. Wang on 08/02/2016. Text Only Entry (nywlc2)
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Filing 36
MEMORANDUM regarding #35 Unopposed MOTION for Extension of Time to File a Motion to Amend Complaint to Add Reqeust for Exemplary Damages filed by Celia Rankin, Todd Rankin. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 08/02/2016. Text Only Entry (wjmsec, )
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Filing 35
Unopposed MOTION for Extension of Time to File a Motion to Amend Complaint to Add Reqeust for Exemplary Damages by Plaintiffs Celia Rankin, Todd Rankin. (Attachments: #1 Proposed Order (PDF Only))(Henderson, Thomas)
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Filing 34
MINUTE ORDER by Magistrate Judge Nina Y. Wang on 7/28/16. The Joint Motion for Extension of Expert Disclosure and Related Deadlines #32 is GRANTED. (bsimm, )
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Filing 33
MEMORANDUM regarding #32 Joint MOTION for Extension of Time to Extend Expert Disclosure and Related Deadlines filed by USAA Casualty Insurance Company. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 07/27/2016. Text Only Entry (wjmsec, )
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Filing 32
Joint MOTION for Extension of Time to Extend Expert Disclosure and Related Deadlines by Defendant USAA Casualty Insurance Company. (Attachments: #1 Proposed Order (PDF Only))(Moseley, Jeremy)
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Filing 31
PROTECTIVE ORDER by Magistrate Judge Nina Y. Wang on 05/18/16. (nmarb, )
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Filing 30
MEMORANDUM regarding #29 Unopposed MOTION for Protective Order filed by USAA Casualty Insurance Company. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 05/18/2016. Text Only Entry (wjmsec, )
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Filing 29
Unopposed MOTION for Protective Order by Defendant USAA Casualty Insurance Company. (Attachments: #1 Exhibit 1 - Proposed Protective Order)(Moseley, Jeremy)
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Filing 28
SCHEDULING ORDER entered by Magistrate Judge Nina Y. Wang on 4/5/16. (bsimm, )
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Filing 27
COURTROOM MINUTES/MINUTE ORDER for Scheduling Conference held on 4/5/2016 before Magistrate Judge Nina Y. Wang. Deadline for joinder of parties and amendment of pleadings: 5/20/2016. Deadline to amend to add a claim for exemplary damages: 8/1/2016. All parties shall designate principal experts on or before: 8/1/2016. All parties shall designate rebuttal experts on or before: 9/1/2016. Discovery due by 10/1/2016. Dispositive Motions due by 11/1/2016. Final Pretrial Conference set for 2/7/2017 10:30 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. The parties shall submit their proposed pretrial order through PACER, and include a courtesy copy of the proposed order in a Word format sent by email to Wang_Chambers@cod.uscourts.gov, seven days prior to the conference. FTR: Courtroom C-204. (bsimm, )
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Filing 26
Proposed Scheduling Order by Plaintiffs Celia Rankin, Todd Rankin. (Henderson, Thomas)
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Filing 25
ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Magistrate Judge Wang is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 03/18/2016. Text Only Entry (wjmsec, )
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Filing 24
NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #22 Consent to Jurisdiction of Magistrate Judge :Thomas Henderson has failed to comply with D.C.COLO.LCivR5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil Cases), which mandate, with exceptions inapplicable here, that all documents shall be converted directly to portable document format (PDF) from software applications in which they were created (i.e., no scanned documents). Failure in the future to follow these procedures may lead to mandatory CM/ECF training or action by the court. (Text Only Entry) (cmira, )
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Filing 23
CASE REASSIGNED pursuant to #22 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is reassigned to Judge William J. Martinez. All future pleadings should be designated as 16-cv-00373-WJM. (Text Only Entry) (nmarb, )
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Filing 22
CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Celia Rankin, Todd Rankin All parties do not consent.. (Henderson, Thomas)
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Filing 21
USAA Casualty Insurance Company's ANSWER to #6 Complaint by USAA Casualty Insurance Company.(Mulvania, Michael)
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Filing 20
MINUTE ORDER. Due to a conflict on the court's calendar, the Scheduling Conference previously set for 4/5/2016 at 2:30 PM is VACATED and reset for 4/5/2016 at 09:00 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. The parties shall submit their proposed scheduling order, including a copy of the proposed scheduling order in a Word format sent via email to Wang_Chambers@cod.uscourts.gov, on or before 3/29/2016. The parties shall complete and file the Consent/Nonconsent Form by 3/22/2016. By Magistrate Judge Nina Y. Wang on 03/04/2016. Text Only Entry (nywlc2)
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Filing 19
NOTICE of State Court Docket by Defendant USAA Casualty Insurance Company (Vaught, John)
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Filing 18
ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NONCONSENT FORM by Magistrate Judge Nina Y. Wang on 2/22/16. A Scheduling Conference is set for 4/5/2016 02:30 PM in Courtroom C204 before Magistrate Judge Nina Y. Wang. The parties shall submit their proposed scheduling order, including a copy of the proposed scheduling order in a Word format sent via email to Wang_Chambers@cod.uscourts.gov, on or before 3/29/2016. The parties shall complete and file the Consent/Nonconsent Form by 3/22/2016. (bsimm, )
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Filing 17
ORDER granting #13 Motion for Extension of Time to Answer or Otherwise Respond. USAA Casualty Insurance Company's answer is due 3/8/2016. By Magistrate Judge Nina Y. Wang on 02/22/2016. Text Only Entry (nywlc2)
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Filing 16
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (rkeec)
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Filing 15
CASE REASSIGNED pursuant to #14 Memorandum Returning Case. This case is reassigned to Magistrate Judge Nina Y. Wang. All future pleadings should be designated as 16-cv-00373-NYW. (Text Only Entry) (rkeec)
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Filing 14
MEMORANDUM RETURNING CASE by Judge Wiley Y. Daniel. (rkeec)
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Filing 13
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #6 Complaint by Defendant USAA Casualty Insurance Company. (Mulvania, Michael)
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Filing 12
NOTICE of Entry of Appearance of Michael N. Mulvania by Michael Norris Mulvania on behalf of USAA Casualty Insurance CompanyAttorney Michael Norris Mulvania added to party USAA Casualty Insurance Company(pty:dft) (Mulvania, Michael)
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Filing 11
NOTICE of Entry of Appearance by Nelson Patrick Boyle on behalf of All Plaintiffs Attorney Nelson Patrick Boyle added to party Celia Rankin(pty:pla), Attorney Nelson Patrick Boyle added to party Todd Rankin(pty:pla) (Boyle, Nelson)
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Filing 10
NOTICE of Entry of Appearance by Thomas Willard Henderson, IV on behalf of All Plaintiffs Attorney Thomas Willard Henderson, IV added to party Celia Rankin(pty:pla), Attorney Thomas Willard Henderson, IV added to party Todd Rankin(pty:pla) (Henderson, Thomas)
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Filing 9
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jgonz, )
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Filing 8
Case assigned to Judge Wiley Y. Daniel and drawn to Magistrate Judge Craig B. Shaffer. Text Only Entry. (jgonz, )
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Filing 7
AFFIDAVIT of Service of Summons, Complaint and Jury Demand, and District Court Civil Cover Sheet upon USAA Causualty Insurance Company on 01/25/2016, filed by Plaintiffs Celia Rankin, Todd Rankin (jgonz, )
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Filing 6
COMPLAINT against All Defendants, filed by Celia Rankin, Todd Rankin.(jgonz, )
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Filing 5
FIRST AND FINAL NOTICE TO ATTORNEY(S) IN REMOVED, TRANSFERRED OR OTHER CASES: Pursuant to D.C.COLO.LCivR 11.1(a), an attorney must be a member of the U.S. District Court's bar to make an appearance and receive notice in any case before the court. The attorney records of the court reflect that the following counsel is a member of the U.S. District Courts Bar, but has not entered an appearance in this case: Thomas Henderson. In order to make an appearance in this case and receive any further notice regarding this case, counsel must file an entry of appearance in this case. Absent any Notice of Entry of Appearance filed, no further direct notices to counsel will be sent. Text only entry. (jgonz, )
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Filing 4
NOTICE of Entry of Appearance of John M. Vaught by John Mark Vaught on behalf of USAA Casualty Insurance CompanyAttorney John Mark Vaught added to party USAA Casualty Insurance Company(pty:dft) (Vaught, John)
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Filing 3
NOTICE of Entry of Appearance by Jeremy A. Moseley on behalf of USAA Casualty Insurance Company (Moseley, Jeremy)
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Filing 2
CORPORATE DISCLOSURE STATEMENT. (Moseley, Jeremy)
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Filing 1
NOTICE OF REMOVAL by USAA Casualty Insurance Company from San Miguel County District Court, Case Number 2016cv030001. (Filing fee $ 400, Receipt Number 1082-4831476), filed by USAA Casualty Insurance Company. (Attachments: #1 Exhibit 1 - Certified Policy, #2 Exhibit 2 - Declaration of Michael Broker, #3 Exhibit 3 - Corporate Information, #4 Exhibit 4 - Demand Letter Excerpt, #5 Exhibit 5 - Notice of Filing of Notice of Removal (State Court), #6 Exhibit 6 - State Court Complaint and Jury Demand, #7 Exhibit 7 - State Court Summons, #8 Exhibit 8 - State Court Affidavit of Service, #9 Exhibit 9 - State Court Civil Case Cover Sheet, #10 Civil Cover Sheet, #11 Supplemental Civil Cover Sheet)(Moseley, Jeremy)
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