Basham v. United Services Automobile Association et al
| Basham and Ann Basham |
| United Services Automobile Association, USAA General Indemnity Co. and USAA Casualty Insurance Co. |
| 1:2016cv03057 |
| December 13, 2016 |
| US District Court for the District of Colorado |
| Denver Office |
| Arapahoe |
| R Brooke Jackson |
| Craig B Shaffer |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on July 28, 2017. A more recent docket listing may be available from PACER.
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| Filing 48 FINAL JUDGMENT in favor of the defendant, United Services Automobile Association, and against the plaintiff, Ann Basham by Judge R. Brooke Jackson on 7/28/17. (jdyne, ) |
Filing 47
ORDER granting #12 Motion for Judgment on the Pleadings by Judge R. Brooke Jackson on 7/28/17. (jdyne, )
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| Filing 46 NOTICE of Change of Address/Contact Information Notice of Counsel's Address Change by Rodger L. Eckelberry (Eckelberry, Rodger) |
| Filing 45 NOTICE of Change of Address/Contact Information Notice of Counsel's Address Change by Ann Yackshaw (Yackshaw, Ann) |
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Filing 44
STIPULATED PROTECTIVE ORDER by Judge R. Brooke Jackson on 6/19/17. (jdyne, )
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Filing 43
ORDER granting #42 Stipulated Motion for Protective Order. By Judge R. Brooke Jackson on 6/19/17. Text Only Entry (rbjsec. )
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| Filing 42 Joint MOTION for Protective Order by Defendant United Services Automobile Association. (Attachments: #1 Exhibit A - Proposed Stipulated Protective Order)(Collignon, Casie) |
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Filing 41
ORDER denying #39 MOTION for Ruling Certify Question to Colorado Supreme Court. By Judge R. Brooke Jackson on 5/24/17. Text Only Entry (rbjsec. )
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Filing 40
ORDER denying #35 MOTION for Ruling to Certify a Question to the Colorado Supreme Court Pursuant to Colorado Appellate Rule 21.1. Defendant chose the federal forum when it removed the case to federal court. Plaintiff's opposition provided persuasive reasons to decline certification. Then one week after defendant's reply was filed the Tenth Circuit issued its opinion in Graves v. American Family Mut. Ins. Co., No. 15-3187, 2017 WL 1416278 (D. Colo. April 21, 2017). Unhappy with the panel's view of the issue (which applied Kansas was in a diversity case removed from a Kansas state court) plaintiff then withdrew its opposition to certification and now supports the defendant's position on that subject. This Court declines to become involved in such maneuvering. Its duty is to decide the cases presented to it, and it agrees with plaintiff's original opposition to the motion to certify. By Judge R. Brooke Jackson on 5/24/17. Text Only Entry (rbjsec.)
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| Filing 39 MOTION for Ruling Certify Question to Colorado Supreme Court by Plaintiff Ann Basham. (Attachments: #1 Exhibit Insurance Policy)(Mattingly, Jack) |
| Filing 38 NOTICE of Supplemental Authorities re: #24 Reply to Response to Motion, #12 MOTION for Judgment on the Pleadings and Memorandum in Support by Defendant United Services Automobile Association (Attachments: #1 Graves 10th Circuit Decision)(Collignon, Casie) |
| Filing 37 REPLY to Response to #35 MOTION for Ruling to Certify a Question to the Colorado Supreme Court Pursuant to Colorado Appellate Rule 21.1 filed by Defendant United Services Automobile Association. (Collignon, Casie) |
| Filing 36 BRIEF in Opposition to #35 MOTION for Ruling to Certify a Question to the Colorado Supreme Court Pursuant to Colorado Appellate Rule 21.1 filed by Plaintiff Ann Basham. (Mattingly, Jack) |
| Filing 35 MOTION for Ruling to Certify a Question to the Colorado Supreme Court Pursuant to Colorado Appellate Rule 21.1 by Defendant United Services Automobile Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Collignon, Casie) |
| Filing 34 Party USAA Casualty Insurance Co. and USAA General Indemnity Co. terminated pursuant to the notice of dismissal or stipulation to dismiss filed in this case on 03/06/17. Text Only Entry (jhawk, ) |
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Filing 33
ORDER finding as moot #13 MOTION for Judgment on the Pleadings and Memorandum in Support filed by USAA Casualty Insurance Co. and USAA General Indemnity Co. By Judge R. Brooke Jackson on 3/6/17. Text Only Entry (rbjsec. )
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| Filing 32 NOTICE of Voluntary Dismissal of Party USAA Casualty Ins.Co. and USAA General Indemnity Co. by Plaintiff Ann Basham (Mattingly, Jack) |
| Filing 31 NOTICE of Entry of Appearance by Ann Yackshaw on behalf of USAA Casualty Insurance Co., USAA General Indemnity Co., United Services Automobile AssociationAttorney Ann Yackshaw added to party USAA Casualty Insurance Co.(pty:dft), Attorney Ann Yackshaw added to party USAA General Indemnity Co.(pty:dft), Attorney Ann Yackshaw added to party United Services Automobile Association(pty:dft) (Yackshaw, Ann) |
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Filing 30
ORDER SETTING TRIAL AND TRIAL PREPARATION CONFERENCE: This matter has been scheduled for a ten day Jury Trial on the docket of Judge R. Brooke Jackson in the U.S. District Courthouse, Courtroom A902, 9th Floor, 901 19th Street, Denver, Colorado, to commence on July 16, 2018 at 9:00 a.m. A Trial Preparation Conference is set for June 22, 2018 at 1:30 p.m. Please refer to the order for additional details. By Judge R. Brooke Jackson on 3/2/17. (rbjsec.)
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Filing 29
SCHEDULING ORDER: by Judge R. Brooke Jackson on 3/2/17. (jdyne, )
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| Filing 28 COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Scheduling Conference held on 3/2/2017. Discovery due by 2/8/2018, Dispositive Motions due by 3/8/2018. Ten day Jury Trial set to commence 7/16/2018 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson with a Trial Preparation Conference on 6/22/2018 at 1:30 PM in Courtroom A 902 before Judge R. Brooke Jackson. Court Reporter: Sarah Mitchell. (jdyne, ) |
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Filing 27
ORDER granting #22 Unopposed MOTION for Leave to File Excess Pages by Defendant United Services Automobile Association. Without asking, plaintiff filed a response well in excess of this Court's page limits. It is tempting to strike the response and deny your motion as well. That will impose additional and unnecessary costs on the clients. But you lawyers just don't get it. Generally speaking, the longer the brief, the less persuasive it is, and the less time I personally have to study it closely. By Judge R. Brooke Jackson on 2/21/17. Text Only Entry (rbjsec. )
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| Filing 26 NOTICE of Supplemental Authorities re: #24 Reply to Response to Motion, #12 MOTION for Judgment on the Pleadings and Memorandum in Support by Defendant United Services Automobile Association (Attachments: #1 Exhibit Exhibit 1)(Collignon, Casie) |
| Filing 25 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #22 Unopposed MOTION for Leave to File Excess Pages , #24 Reply to Response to Motion, #23 Reply to Response to Motion, filed by attorney Rodger L. Eckelberry; Casie D. Collignon. 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) (athom, ) |
| Filing 24 REPLY to Response to #12 MOTION for Judgment on the Pleadings and Memorandum in Support filed by Defendant United Services Automobile Association. (Collignon, Casie) |
| Filing 23 REPLY to Response to #12 MOTION for Judgment on the Pleadings and Memorandum in Support, #13 MOTION for Judgment on the Pleadings and Memorandum in Support filed by Defendants USAA Casualty Insurance Co., USAA General Indemnity Co.. (Collignon, Casie) |
| Filing 22 Unopposed MOTION for Leave to File Excess Pages by Defendant United Services Automobile Association. (Collignon, Casie) |
| Filing 21 BRIEF in Opposition to #13 MOTION for Judgment on the Pleadings and Memorandum in Support filed by Plaintiff Ann Basham. (Mattingly, Jack) |
| Filing 20 BRIEF in Opposition to #12 MOTION for Judgment on the Pleadings and Memorandum in Support filed by Plaintiff Ann Basham. (Attachments: #1 Exhibit 1 Colo Div of Ins, Bulletin B-5.1, #2 Exhibit 2 Montana Market Conduct Exam, #3 Exhibit 3 Ohio Market Conduct Exam, #4 Exhibit 4 Vermont Dept of Insurance Order)(Mattingly, Jack) |
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Filing 19
ORDER granting #18 Unopposed MOTION for Extension of Time to Respond to Dispositive Motions as to #12 MOTION for Judgment on the Pleadings and #13 MOTION for Judgment on the Pleadings. The deadline to respond is extended to February 6, 2017. By Judge R. Brooke Jackson on 1/25/17. Text Only Entry (rbjsec. )
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| Filing 18 Unopposed MOTION for Extension of Time to Respond to Dispositive Motions, MOTION for Extension of Time to File Response/Reply as to #12 MOTION for Judgment on the Pleadings and Memorandum in Support, #13 MOTION for Judgment on the Pleadings and Memorandum in Support by Plaintiff Ann Basham. (Mattingly, Jack) |
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Filing 17
MINUTE ORDER: A Scheduling Conference is set for March 2, 2017 at 8:30 a.m. in Courtroom A 902 before Judge R. Brooke Jackson. Out-of-state counsel may appear telephonically by coordinating a conference call between each other and then contacting the Court at (303) 844-4694. By Judge R. Brooke Jackson on 1/18/17. Text Only Entry (rbjsec. )
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Filing 16
ORDER TO SET SCHEDULING CONFERENCE: This matter comes before the Court sua sponte. In light of the decline of consent to a magistrate judge by one or more of the parties in this case and its reassignment to this Court, the Status Conference set January 19, 2017 before Magistrate Judge Craig B. Shaffer is VACATED. The parties are ordered to set an initial scheduling conference in this Court (with Judge Jackson) pursuant to Fed. R. Civ. P. 16(b) and D.C.COLO.LCivR 16.1. The parties are directed to jointly contact Chambers by telephone at (303) 844-4694 or by email at Jackson_Chambers@cod.uscourts.gov to obtain a scheduling conference date within 14 days of the date of this order. Please refer to the order for additional details. By Judge R. Brooke Jackson on 1/11/17. (rbjsec. )
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| Filing 15 CASE REASSIGNED pursuant to #14 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 16-cv-03057-RBJ. (Text Only Entry) (nmarb, ) |
| Filing 14 CONSENT to Jurisdiction of Magistrate Judge by Defendants USAA Casualty Insurance Co., USAA General Indemnity Co., United Services Automobile Association All parties do not consent.. (Collignon, Casie) |
| Filing 13 MOTION for Judgment on the Pleadings and Memorandum in Support by Defendants USAA Casualty Insurance Co., USAA General Indemnity Co.. (Attachments: #1 Exhibit A - Certified Policy - Part 1, #2 Exhibit A - Certified Policy - Part 2, #3 Exhibit A - Certified Policy - Part 3)(Collignon, Casie) |
| Filing 12 MOTION for Judgment on the Pleadings and Memorandum in Support by Defendant United Services Automobile Association. (Attachments: #1 Exhibit A - Certified Policy - Part 1, #2 Exhibit A - Certified Policy - Part 2, #3 Exhibit A - Certified Policy - Part 3, #4 Exhibit B - Claim Worksheet, #5 Exhibit C - Contractor Invoice)(Collignon, Casie) |
| Filing 11 NOTICE of Entry of Appearance by Rodger L. Eckelberry on behalf of All Defendants Attorney Rodger L. Eckelberry added to party USAA Casualty Insurance Co.(pty:dft), Attorney Rodger L. Eckelberry added to party USAA General Indemnity Co.(pty:dft), Attorney Rodger L. Eckelberry added to party United Services Automobile Association(pty:dft) (Eckelberry, Rodger) |
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Filing 10
MINUTE ORDER. A Status Conference is set for 1/19/2017 at 02:30 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. This case has been directly assigned to Magistrate Judge Craig B. Shaffer pursuant to 28 U.S.C. 636(c) and D.C.COLO.LCivR 40.1(c). Not later than 1/17/2017, the parties shall complete and file the # Election of Consent or Non-Consent Form indicating either unanimous consent of the parties or that consent has been declined. By Magistrate Judge Craig B. Shaffer on 12/22/2016. Text Only Entry (cbslc1)
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| Filing 9 NOTICE of Entry of Appearance by J. Lucas McFarland on behalf of Ann BashamAttorney J. Lucas McFarland added to party Ann Basham(pty:pla) (McFarland, J.) |
| Filing 8 NOTICE OF CASE ASSOCIATION by Jack Austin Mattingly, Jr on behalf of Ann Basham (Mattingly, Jack) |
| Filing 7 ANSWER to Complaint by USAA Casualty Insurance Co., USAA General Indemnity Co., United Services Automobile Association.(Collignon, Casie) |
| Filing 6 NOTICE of Entry of Appearance by Jack Austin Mattingly, Jr on behalf of Ann BashamAttorney Jack Austin Mattingly, Jr added to party Ann Basham(pty:pla) (Mattingly, Jack) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent United Services Automobile Association for USAA Casualty Insurance Co., USAA General Indemnity Co., United Services Automobile Association. (Collignon, Casie) |
| Filing 4 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: J.LUCAS MCFARLAND. 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. (dbera, ) |
| Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (dbera, ) |
| Filing 2 Case assigned to Magistrate Judge Craig B. Shaffer. Text Only Entry (dbera, ) |
| Filing 1 NOTICE OF REMOVAL by USAA General Indemnity Co., USAA Casualty Insurance Co., United Services Automobile Association from Denver District Court, Case Number 2016CV33555. (Filing fee $ 400, Receipt Number 1082-5286482), filed by USAA General Indemnity Co., USAA Casualty Insurance Co., United Services Automobile Association. (Attachments: #1 Exhibit A - State Court Filings, #2 Exhibit B - State Court Notice of Filing, #3 Exhibit C - State Court Docket, #4 Civil Cover Sheet)(Collignon, Casie) |
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