McCracken et al v. Progressive Direct Insurance Company et al
| McCracken, Brenda McCracken and Christa Hecht |
| Progressive Direct Insurance Company and Progressive Preferred Insurance Company |
| 1:2017cv00114 |
| January 11, 2017 |
| US District Court for the District of Colorado |
| Denver Office |
| Saguache |
| Christine M Arguello |
| Scott T Varholak |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 52 MANDATE of USCA as to #51 USCA Judgment, #50 USCA Opinion, #43 Notice of Appeal, filed by Christa Hecht, Brenda McCracken : (USCA Case No. 17-1285, 17-1286) (athom, ) |
| Filing 51 USCA Judgment as to #43 Notice of Appeal, filed by Christa Hecht, Brenda McCracken : 17-1285 Affirmed, 17-1286 Reversed and Remanded (USCA Case No. 17-1285, 17-1286) (This document is not the Mandate) (athom, ) |
| Filing 50 USCA Opinion as to #43 Notice of Appeal, filed by Christa Hecht, Brenda McCracken : 17-1285 Affirmed, 17-1286 Reversed and Remanded (USCA Case No. 17-1285, 17-1286) (This document is not the Mandate) (athom, ) |
Filing 49
ORDER of USCA granting as modified motion to consolidate appeals in 17-1285, 17-1286 as to #43 Notice of Appeal, filed by Christa Hecht, Brenda McCracken. Specifically, the parties' request to procedurally consolidate these cases for briefing and submission of an appendix is granted. (USCA Case No. 17-1285, 17-1286) (athom, )
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| Filing 48 REPORTER TRANSCRIPT ORDER FORM filed by Darlene Martinez; Transcript filed at #42 . (nrich) |
| Filing 47 LETTER TO USCA and all counsel certifying the record is complete as to #43 Notice of Appeal, filed by Christa Hecht, Brenda McCracken. All transcripts ordered are now on file as of 7/14/2017. ( Appeal No. 17-1285) Text Only Entry (athom, ) |
| Filing 46 TRANSCRIPT ORDER FORM re #43 Notice of Appeal, by Plaintiffs Christa Hecht, Brenda McCracken (Minamizono, Susan) |
| Filing 45 USCA Case Number 17-1285 for #43 Notice of Appeal, filed by Christa Hecht, Brenda McCracken. (evana, ) |
| Filing 44 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #43 Notice of Appeal, filed by Christa Hecht, Brenda McCracken to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: #1 Docket Sheet, #2 Preliminary Record) (athom, ) |
| Filing 43 NOTICE OF APPEAL as to 40 Order on Motion for Summary Judgment,,,, Order on Motion for Partial Summary Judgment,,,, Motion Hearing,,,, Terminate Deadlines and Hearings,,,, Text Only Entry - Prompts,,, #41 Judgment by Plaintiffs Christa Hecht, Brenda McCracken (Filing fee $ 505, Receipt Number 1082-5659715) (Scranton, Keith) |
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Filing 42
TRANSCRIPT of Motions Hearing held on 7/12/17 before Judge Arguello. Pages: 1-45. < NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. < Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (dmart, ) |
| Filing 41 FINAL JUDGMENT in favor of Defendants' Progressive Direct Insurance Company and Progressive Preferred Insurance Company against Plaintiffs' Brenda McCracken and Christa Hecht by Clerk on 07/12/2017. (swest) |
| Filing 40 MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Motion Hearing held on 7/12/2017. ORDERED: Denying #26 Plaintiffs' Motion for Partial Summary Judgment; Granting #31 Defendants' Cross Motion for Summary Judgment. FURTHER ORDERED: All pending settings in this case are VACATED. Defendants shall have their costs by the filing of a Bill of Costs with the Clerk of the Court within fourteen days of the entry of judgment, with all parties to bear their own attorney fees. (Total time: 56 Minutes, Hearing time: 10:58 a.m. - 11:54 a.m.)APPEARANCES: Bradley Levin, Susan Minamizono, Keith Scranton, and Patricia Meester on behalf of the Plaintiffs; Casie Collignon and Sammantha Tillotson on behalf of the Defendants. ALSO PRESENT: Defendants Progressive Representative Allison Wojtkun. Court Reporter: Darlene Martinez. (swest) Text Only Entry |
| Filing 39 MINUTE ENTRY for Telephonic Status Conference held before Magistrate Judge Scott T. Varholak on 6/19/2017. A further Telephonic Status Conference set for 10/16/2017 10:30 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. Parties shall contact chambers at (303) 335-2365 to participate in the hearing. Hearing concluded. FTR: STV - C203. (morti, ) |
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Filing 38
AMENDED ORDER granting #36 Joint Motion for Hearing. Pursuant to email correspondence between counsel and Chambers staff, a Motion Hearing is set for 7/12/2017, at 11:00 AM in Courtroom A 602 before Judge Christine M. Arguello on #26 Plaintiffs' Motion for Partial Summary Judgment and #31 Defendants' Cross-Motion for Summary Judgment. SO ORDERED by Judge Christine M. Arguello on 6/7/2017. Text Only Entry (cmasec) Modified on 6/8/2017 to include #26 Motion(cmasec).
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| Filing 37 NOTICE of Supplemental Authorities by Defendants Progressive Direct Insurance Company, Progressive Preferred Insurance Company (Attachments: #1 Exhibit A)(Collignon, Casie) |
| Filing 36 Joint MOTION for Hearing/Conference re #31 Cross MOTION for Summary Judgment for Oral Argument by Defendants Progressive Direct Insurance Company, Progressive Preferred Insurance Company. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Collignon, Casie) |
| Filing 35 BRIEF in Support of #31 Cross MOTION for Summary Judgment filed by Defendants Progressive Direct Insurance Company, Progressive Preferred Insurance Company. (Collignon, Casie) |
| Filing 34 RESPONSE to #31 Cross MOTION for Summary Judgment filed by Plaintiffs Christa Hecht, Brenda McCracken. (Levin, Bradley) |
| Filing 33 REPLY to Response to #26 MOTION for Partial Summary Judgment WITH RESPECT TO (1) RETROACTIVITY OF THE COLORADO SUPREME COURTS DECISION IN CALDERON V. AM. FAM. MUT. INS. CO.; (2) INAPPLICABILITY OF RELEASES SIGNED BY NAMED PLAINTIFFS AND PUTATIVE CLASS MEMBERS; AND (3) LACK filed by Plaintiffs Christa Hecht, Brenda McCracken. (Levin, Bradley) |
| Filing 32 RESPONSE to #26 MOTION for Partial Summary Judgment WITH RESPECT TO (1) RETROACTIVITY OF THE COLORADO SUPREME COURTS DECISION IN CALDERON V. AM. FAM. MUT. INS. CO.; (2) INAPPLICABILITY OF RELEASES SIGNED BY NAMED PLAINTIFFS AND PUTATIVE CLASS MEMBERS; AND (3) LACK filed by Defendants Progressive Direct Insurance Company, Progressive Preferred Insurance Company. (Attachments: #1 Appendix)(Collignon, Casie) |
| Filing 31 Cross MOTION for Summary Judgment by Defendants Progressive Direct Insurance Company, Progressive Preferred Insurance Company. (Attachments: #1 Appendix Pages 1 to 91, #2 Appendix Pages 92 to 122)(Collignon, Casie) |
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Filing 30
ORDER granting #29 Motion for Extension of Time to File Response. Defendants' Response to #26 Plaintiffs' Partial Motion for Summary Judgment due 4/17/2017. SO ORDERED by Judge Christine M. Arguello on 3/27/2017. Text Only Entry (cmasec)
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| Filing 29 MOTION for Extension of Time to File Response/Reply as to #26 MOTION for Partial Summary Judgment WITH RESPECT TO (1) RETROACTIVITY OF THE COLORADO SUPREME COURTS DECISION IN CALDERON V. AM. FAM. MUT. INS. CO.; (2) INAPPLICABILITY OF RELEASES SIGNED BY NAMED PLAINTIFFS AND PUTATIVE CLASS MEMBERS; AND (3) LACK by Defendants Progressive Direct Insurance Company, Progressive Preferred Insurance Company. (Attachments: #1 Proposed Order (PDF Only))(Collignon, Casie) |
| Filing 28 NOTICE of Entry of Appearance by Sammantha Jeannine Tillotson on behalf of Progressive Direct Insurance Company, Progressive Preferred Insurance CompanyAttorney Sammantha Jeannine Tillotson added to party Progressive Direct Insurance Company(pty:dft), Attorney Sammantha Jeannine Tillotson added to party Progressive Preferred Insurance Company(pty:dft) (Tillotson, Sammantha) |
| Filing 27 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Scott T. Varholak on 3/6/2017; Status Conference set for 6/19/2017 09:30 AM in Courtroom C205 before Magistrate Judge Scott T. Varholak. Hearing concluded. FTR: STV - C205. (morti, ) |
| Filing 26 MOTION for Partial Summary Judgment WITH RESPECT TO (1) RETROACTIVITY OF THE COLORADO SUPREME COURTS DECISION IN CALDERON V. AM. FAM. MUT. INS. CO.; (2) INAPPLICABILITY OF RELEASES SIGNED BY NAMED PLAINTIFFS AND PUTATIVE CLASS MEMBERS; AND (3) LACK OF REQUIREMENT FOR REFORMATION OF POLICIES by Plaintiffs Christa Hecht, Brenda McCracken. (Attachments: #1 Appendix)(Levin, Bradley) |
| Filing 25 Proposed Scheduling Order by Defendants Progressive Direct Insurance Company, Progressive Preferred Insurance Company. (Collignon, Casie) |
| Filing 24 Defendants' ANSWER to #10 Complaint by Progressive Direct Insurance Company, Progressive Preferred Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Collignon, Casie) |
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Filing 23
ORDER granting #21 Motion for Extension of Time to Respond to Plaintiffs' Complaint. Defendants shall file their response to #10 Plaintiffs' Complaint on or before 2/14/2017. It is FURTHER ORDERED that counsel shall serve the client in compliance with D.C.COLO.LCivR. 6.1(c), by Magistrate Judge Scott T. Varholak on 2/08/2017. Text Only Entry (stvlc1, )
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| Filing 22 MEMORANDUM regarding #21 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #10 Complaint (Second) filed by Progressive Direct Insurance Company, Progressive Preferred Insurance Company. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 2/8/2017. Text Only Entry (cmasec) |
| Filing 21 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #10 Complaint (Second) by Defendants Progressive Direct Insurance Company, Progressive Preferred Insurance Company. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Collignon, Casie) |
| Filing 20 NOTICE of Entry of Appearance by Jonathan Steven Parrott on behalf of Christa Hecht, Brenda McCrackenAttorney Jonathan Steven Parrott added to party Christa Hecht(pty:pla), Attorney Jonathan Steven Parrott added to party Brenda McCracken(pty:pla) (Parrott, Jonathan) |
| Filing 19 NOTICE of Entry of Appearance by Paul Gregory Karlsgodt on behalf of Progressive Direct Insurance Company, Progressive Preferred Insurance CompanyAttorney Paul Gregory Karlsgodt added to party Progressive Direct Insurance Company(pty:dft), Attorney Paul Gregory Karlsgodt added to party Progressive Preferred Insurance Company(pty:dft) (Karlsgodt, Paul) |
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Filing 18
ORDER Setting Scheduling Conference, by Magistrate Judge Scott T. Varholak on 1/18/2017. Scheduling Conference set for 3/6/2017 09:00 AM in Courtroom C205 before Magistrate Judge Scott T. Varholak. (slibi, )
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Filing 17
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Varholak 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). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly. FURTHER, 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 Christine M. Arguello on 1/18/2017. Text Only Entry (cmasec)
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| Filing 16 NOTICE of Entry of Appearance by Susan S. Minamizono on behalf of Christa Hecht, Brenda McCrackenAttorney Susan S. Minamizono added to party Christa Hecht(pty:pla), Attorney Susan S. Minamizono added to party Brenda McCracken(pty:pla) (Minamizono, Susan) |
| Filing 15 NOTICE of Entry of Appearance by Nelson Andrew Waneka on behalf of Christa Hecht, Brenda McCrackenAttorney Nelson Andrew Waneka added to party Christa Hecht(pty:pla), Attorney Nelson Andrew Waneka added to party Brenda McCracken(pty:pla) (Waneka, Nelson) |
| Filing 14 NOTICE of Entry of Appearance by Bradley Aaron Levin on behalf of Christa Hecht, Brenda McCrackenAttorney Bradley Aaron Levin added to party Christa Hecht(pty:pla), Attorney Bradley Aaron Levin added to party Brenda McCracken(pty:pla) (Levin, Bradley) |
| Filing 13 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Progressive Preferred Insurance Company, Progressive Direct Insurance Company. Progressive Preferred Insurance Company answer due 2/8/2017; Progressive Direct Insurance Company answer due 2/8/2017. (Collignon, Casie) |
| Filing 12 CASE REASSIGNED. Pursuant to 11 Memorandum. This case is reassigned to Judge Christine M. Arguello. All future pleadings should be designated as 17-cv-114-CMA. (Text Only Entry) (jhawk, ) |
| Filing 11 MEMORANDUM. Exercising my prerogative as a Senior Judge, I request that this civil action be reassigned. Entered by Senior Judge Kane. Text only entry. (jhawk, ) |
| Filing 9 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (amenz, ) |
| Filing 8 Case assigned to Judge John L. Kane and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (amenz, ) |
| Filing 7 NOTICE of Entry of Appearance by Tonya L. Melnichenko on behalf of All Plaintiffs Attorney Tonya L. Melnichenko added to party Christa Hecht(pty:pla), Attorney Tonya L. Melnichenko added to party Brenda McCracken(pty:pla) (Melnichenko, Tonya) |
| Filing 6 NOTICE of Related Cases by Defendants Progressive Direct Insurance Company, Progressive Preferred Insurance Company (Collignon, Casie) |
| Filing 5 NOTICE of Entry of Appearance by Franklin David Azar on behalf of All Plaintiffs Attorney Franklin David Azar added to party Christa Hecht(pty:pla), Attorney Franklin David Azar added to party Brenda McCracken(pty:pla) (Azar, Franklin) |
| Filing 4 NOTICE of Entry of Appearance by Patricia A. Meester on behalf of All Plaintiffs Attorney Patricia A. Meester added to party Christa Hecht(pty:pla), Attorney Patricia A. Meester added to party Brenda McCracken(pty:pla) (Meester, Patricia) |
| Filing 3 NOTICE of Entry of Appearance by Keith Richard Scranton on behalf of All Plaintiffs Attorney Keith Richard Scranton added to party Christa Hecht(pty:pla), Attorney Keith Richard Scranton added to party Brenda McCracken(pty:pla) (Scranton, Keith) |
| Filing 10 COMPLAINT against Progressive Direct Insurance Company, Progressive Preferred Insurance Company, filed by Brenda McCracken, Christa Hecht.(amenz, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent The Progressive Corporation for Progressive Direct Insurance Company, Progressive Preferred Insurance Company. (Collignon, Casie) |
| Filing 1 NOTICE OF REMOVAL by Progressive Preferred Insurance Company, Progressive Direct Insurance Company from Denver District Court, Case Number 2016cv34284. (Filing fee $ 400, Receipt Number 1082-5323962), filed by Progressive Preferred Insurance Company, Progressive Direct Insurance Company. (Attachments: #1 Exhibit A - State Court Filings, #2 Exhibit B - State Court Notice of Filing Notice of Removal, #3 Exhibit C - State Court Docket, #4 Civil Cover Sheet)(Collignon, Casie) |
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