Sutton v. Loya Insurance Company
| Sutton and Terre Sutton |
| Loya Insurance Company |
| 1:2016cv01257 |
| May 25, 2016 |
| US District Court for the District of Colorado |
| Denver Office |
| Weld |
| Raymond P Moore |
| Scott T Varholak |
| Michael J Watanabe |
| Insurance |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on October 11, 2017. A more recent docket listing may be available from PACER.
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| Filing 45 Costs Taxed by Clerk in the amount of $405.10 against Plaintff Terrie Sutton and in favor of Defendant Loya Insurance Company, pursuant to the parties' stipulation, Docket No. 44. Hearing scheduled for Nov. 9, 2017 vacated by the Clerk. (ebutl) |
| Filing 44 Proposed Bill of Costs by Stipulation of Parties by Defendant Loya Insurance Company. (Attachments: #1 Exhibit A)(Collignon, Casie) |
| Filing 43 Proposed Bill of Costs by Defendant Loya Insurance Company. (Attachments: #1 Attachments)(Collignon, Casie) |
| Filing 42 FINAL JUDGMENT in favor of Loya Insurance Company and against Terrie Sutton pursuant to #41 Order, by Clerk on 9/25/2017. (ebuch) |
Filing 41
ORDER granting #24 Defendant Loya Insurance Company's Motion for Summary Judgment. Final judgment shall enter in favor of Defendant, by Judge Raymond P. Moore on 9/25/2017. (ebuch)
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Filing 40
MINUTE ORDER. Due to a conflict on the Court's calendar, the Telephonic Status Conference set for 10/10/2017 10:30 AM is VACATED and RESET for 10/12/2017 11:30 AM before Magistrate Judge Scott T. Varholak. The parties shall initiate a call among all individuals participating in the call before calling the Court at 303.335.2365 at the scheduled time. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/29/2017. Text Only Entry (stvlc1, )
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| Filing 39 MINUTE ENTRY for Telephonic Status Conference held before Magistrate Judge Scott T. Varholak on 7/11/2017. A Telephonic Status Conference set for 10/10/2017 10:30 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. Parties shall contact chambers by joint conference call at (303) 335-2365 to participate in the hearing. Hearing concluded. FTR: STV - C203. (morti, ) |
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Filing 38
MINUTE ORDER Due to a conflict with the court's schedule, the Status Conference set for 7/6/2017 09:30 AM is VACATED and RESET for 7/11/2017 09:45 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. Counsel may appear telephonically by initiating a conference call amongst themselves before calling the court at 303.335.2365 at the scheduled time. By Magistrate Judge Scott T. Varholak on 6/15/2017. Text Only Entry (stvlc2, )
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| Filing 37 MINUTE ENTRY for Status Conference held before Magistrate Judge Scott T. Varholak on 4/4/2017. Status Conference set for 7/6/2017 09:30 AM in Courtroom C205 before Magistrate Judge Scott T. Varholak. Counsel may appear by telephone. Hearing concluded. FTR: STV - C205. (morti, ) |
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Filing 36
ORDER granting #34 Motion to Amend/Correct/Modify. Deadlines shall be reset according to the Joint Motion to Modify Scheduling Order #34 after the Motion for Summary Judgment #24 is ruled upon. Status Conference set for 4/4/2017 09:00 AM in Courtroom C205 before Magistrate Judge Scott T Varholak. By Magistrate Judge Scott T Varholak on 1/3/2017. Text Only Entry (stvlc2, )
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Filing 35
MEMORANDUM regarding #34 Joint MOTION to Amend/Correct/Modify #19 Scheduling Conference, Set Scheduling Order Deadlines, filed by Terre Sutton. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 1/3/2017. (Text Only Entry) (rmsec)
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| Filing 34 Joint MOTION to Amend/Correct/Modify #19 Scheduling Conference,, Set Scheduling Order Deadlines, by Plaintiff Terre Sutton. (Attachments: #1 Proposed Order (PDF Only))(LaCrue, DezaRae) |
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Filing 33
MINUTE ORDER Final Pretrial Conference set for 8/3/2017 09:00 AM is VACATED and RESET for 8/7/2017 10:00 AM in Courtroom C205 before Magistrate Judge Scott T Varholak. By Magistrate Judge Scott T Varholak on 10/18/2016. Text Only Entry (stvlc2, )
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Filing 32
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-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) (kweck)
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| Filing 31 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #29 Brief in Support of Motion filed by attorney Cassie Collignon. The format for the attorneys signature block is not correct; missing attorney contact information: complete address, telephone number, fax number, and email information. 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(d) of the Electronic Case Filing Procedures (Civil Cases). (Text Only Entry) (cthom, ) |
| Filing 30 REPLY to Response to #24 MOTION for Summary Judgment and Memorandum of Law in Support (Reply to Sutton's Response to Statement of Undisputed Facts) filed by Defendant Loya Insurance Company. (Collignon, Casie) |
| Filing 29 BRIEF in Support of #24 MOTION for Summary Judgment and Memorandum of Law in Support filed by Defendant Loya Insurance Company. (Collignon, Casie) |
| Filing 28 RESPONSE to #24 MOTION for Summary Judgment and Memorandum of Law in Support filed by Plaintiff Terre Sutton. (Attachments: #1 Exhibit Exhibit A- Demand Letter, #2 Exhibit Exhibit B- Loya Offer Letter, #3 Exhibit Exhibit C- Loya Request, #4 Exhibit Exhibit D- Signed Loya Request, #5 Exhibit Exhibit E- Loya fax with Release, #6 Exhibit Exhibit F- LOYAA00329, #7 Exhibit Exhibit G- December 11, 2014 Letter, #8 Exhibit Exhibit H- Fax with confirmation to Loya)(LaCrue, DezaRae) |
| Filing 27 RESPONSE to #24 MOTION for Summary Judgment and Memorandum of Law in Support filed by Plaintiff Terre Sutton. (LaCrue, DezaRae) |
| Filing 26 ERRATA re #25 Statement of Undisputed Material Facts in Support of Motion for Summary Judgment by Counter Claimant Loya Insurance Company, Defendant Loya Insurance Company. (Collignon, Casie) |
| Filing 25 STATEMENT re #24 MOTION for Summary Judgment and Memorandum of Law in Support by Counter Claimant Loya Insurance Company, Defendant Loya Insurance Company. (Attachments: #1 Exhibit A - Loya Policy Form)(Collignon, Casie) |
| Filing 24 MOTION for Summary Judgment and Memorandum of Law in Support by Counter Claimant Loya Insurance Company, Defendant Loya Insurance Company. (Collignon, Casie) |
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Filing 23
ORDER striking #22 Motion for Summary Judgment. This matter is before the Court sua sponte. Defendant Loya Insurance Company's Motion for Summary Judgment and Memorandum of Law in Support [ECF No. 22] is hereby STRICKEN for failure to provide a separate statement of undisputed material facts as required by Judge Raymond P. Moore's Civil Practice Standards (Section IV.B.2 and Exhibit 1). Defendant may submit a compliant Motion for Summary Judgment by Monday, August 22, 2016.SO ORDERED by Judge Raymond P. Moore on 8/18/2016. (Text Only Entry)(rmsec )
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| Filing 22 STRICKEN MOTION for Summary Judgment and Memorandum of Law in Support by Counter Claimant Loya Insurance Company, Defendant Loya Insurance Company. (Collignon, Casie) Modified to show STRICKEN pursuant to 23 Order on 8/18/2016 (cthom, ). |
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Filing 21
STIPULATED ORDER re: ESI entered by Magistrate Judge Michael J. Watanabe on 8/11/2016. (emill)
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Filing 20
SCHEDULING ORDER: Entered by Magistrate Judge Michael J. Watanabe on 8/11/2016. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (emill)
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| Filing 19 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Scheduling Conference held on 8/11/2016. Discovery due by 4/3/2017. Dispositive Motions due by 6/5/2017. Proposed Pretrial Order due by 7/27/2017. Final Pretrial Conference set for 8/3/2017 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Court Reporter: FTR - E. E. Miller. FTR: Courtroom A502. (emill) |
| Filing 18 Exhibits in Support of #17 Proposed Scheduling Order by Counter Claimant Loya Insurance Company, Defendant Loya Insurance Company. (Collignon, Casie) |
| Filing 17 Proposed Scheduling Order by Counter Claimant Loya Insurance Company, Defendant Loya Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Collignon, Casie) |
| Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Counter Claimant Loya Insurance Company, Defendant Loya Insurance Company All parties do not consent.. (Collignon, Casie) |
| Filing 15 Plaintiff's ANSWER/REPLY to #10 Answer to Complaint,, Counterclaim, for Declaratory Judgment by Terre Sutton. (Attachments: #1 Exhibit Exhibit 1- Correspondence, #2 Exhibit Exhibit 2- Correspondence and Affidavit of Service)(LaCrue, DezaRae) |
| Filing 14 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #13 Notice of Entry of Appearance filed by attorney DezaRae D. LaCrue. The format for the attorneys signature block is not correct. 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(d) of the Electronic Case Filing Procedures (Civil Cases). (Text Only Entry) (jhawk, ) |
| Filing 13 NOTICE of Entry of Appearance by DezaRae D. LaCrue on behalf of Terre SuttonAttorney DezaRae D. LaCrue added to party Terre Sutton(pty:pla) (LaCrue, DezaRae) |
| Filing 12 CERTIFICATE of Service by Mail by Clerk of Court re #11 Order to DezaRae D. LaCrue, Franklin D. Azar & Associates, P.C., 14426 East Evans Avenue, Denver, CO 80014. Text Only Entry (slibi, ) |
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Filing 11
ORDER Setting Scheduling/Planning Conference for 8/11/2016 09:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe, by Magistrate Judge Michael J. Watanabe on 6/06/2016. (slibi, )
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| Filing 10 ANSWER to #4 Complaint , COUNTERCLAIM for Declaratory Judgment and Jury Demand against Loya Insurance Company by Loya Insurance Company. (Attachments: #1 Exhibit A to Counterclaim, #2 Exhibit B to Counterclaim, #3 Exhibit C to Counterclaim)(Collignon, Casie) |
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Filing 9
ORDER REFERRING CASE to Magistrate Judge Michael J. Watanabe. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Entered by Judge Raymond P. Moore on 6/1/2016. (Text Only Entry) (rmsec )
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| Filing 8 NOTICE of Proof of Service of D.C. Colo. LCivR 72.2 Documents and Other Filings by Defendant Loya Insurance Company (Winquist, Justin) |
| Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (amenz, ) |
| Filing 6 Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Michael J. Watanabe. Text Only Entry.(amenz, ) |
| Filing 5 AFFIDAVIT of Service of Complaint upon Defendant on 5/26/16.(amenz, ) |
| Filing 4 COMPLAINT against Loya Insurance Company, filed by Terre Sutton.(amenz, ) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent EP Loya Group, LP for Loya Insurance Company. (Collignon, Casie) |
| Filing 2 NOTICE of Entry of Appearance by Justin T. Winquist on behalf of Loya Insurance CompanyAttorney Justin T. Winquist added to party Loya Insurance Company(pty:dft) (Winquist, Justin) |
| Filing 1 NOTICE OF REMOVAL by Loya Insurance Company from Denver District, Case Number 2016cv31474. (Filing fee $ 400, Receipt Number 1082-4991639), filed by Loya Insurance Company. (Attachments: #1 Exhibit A - State Court Summons and Complaint, #2 Exhibit B - State Court Civil Cover Sheet, #3 Exhibit C - State Court Affidavit of Service, #4 Exhibit D - State Court Delay Reduction Order, #5 Exhibit E - State Court Motion for Extension, #6 Exhibit F - State Court Order Granting Extension, #7 Exhibit G - State Court Notice of Filing Notice of Removal, #8 Civil Cover Sheet Civil Cover Sheet, #9 Supplemental Civil Cover Sheet Supplemental Civil Cover Sheet)(Collignon, Casie) |
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