West v. Gallagher Basset Services, Inc. et al
| John West |
| Vail Summit Resorts, Inc., Gallagher Basset Services, Inc., Vail Corporation, The, Vail Resorts, Inc., Continental Casualty Company, Inc. and Vail Corporation, The doing business as Vail Associates, Inc. |
| 1:2018cv02802 |
| November 1, 2018 |
| US District Court for the District of Colorado |
| Raymond P Moore |
| Nina Y Wang |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 26, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 58 NOTICE of Entry of Appearance by Paul Radoje Popovic on behalf of Continental Casualty Company, Inc.Attorney Paul Radoje Popovic added to party Continental Casualty Company, Inc.(pty:dft) (Popovic, Paul) |
| Filing 57 REPLY to Response to #30 MOTION to Dismiss Plaintiff's Second and Third Claims for Relief Under F.R.C.P. 12(b)(6) filed by Defendant Continental Casualty Company, Inc.. (Montague, Stephanie) |
Filing 56
ORDER granting #54 Motion for Extension of Time to File Response/Reply. Plaintiff's response deadline to the motion to dismiss #43 is extended to January 3, 2019. By Magistrate Judge Nina Y. Wang on 12.20.2018. Text Only Entry (nywlc1, )
|
| Filing 55 MEMORANDUM regarding #54 Unopposed MOTION for Extension of Time to File Response/Reply as to #43 MOTION to Dismiss the Amended Complaint filed by John West. Motion referred to Magistrate Judge Nina Y. Wang. Entered By Judge Raymond P. Moore on 12/20/2018. (Text Only Entry) (rmsec ) |
| Filing 54 Unopposed MOTION for Extension of Time to File Response/Reply as to #43 MOTION to Dismiss the Amended Complaint by Plaintiff John West. (Attachments: #1 Proposed Order (PDF Only))(Smith, Scott) |
| Filing 53 NOTICE of Entry of Appearance by Brent Donald Anderson on behalf of Gallagher Basset Services, Inc.Attorney Brent Donald Anderson added to party Gallagher Basset Services, Inc.(pty:dft) (Anderson, Brent) |
| Filing 52 NOTICE of Entry of Appearance by Andrew P. Garnett on behalf of Gallagher Basset Services, Inc.Attorney Andrew P. Garnett added to party Gallagher Basset Services, Inc.(pty:dft) (Garnett, Andrew) |
|
Filing 51
ORDER granting #49 Motion to Reset. Scheduling Conference RESET for 1/8/2019 11:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. Proposed Scheduling Order due on or before 1/2/2019. By Magistrate Judge Nina Y. Wang on 12.13.2018. (nywlc1, )
|
| Filing 50 MEMORANDUM regarding #49 Unopposed MOTION to Reset Scheduling Conference filed by Continental Casualty Company, Inc. Motion referred to Magistrate Judge Nina Y. Wang. Entered By Judge Raymond P. Moore on 12/13/2018. (Text Only Entry) (rmsec ) |
| Filing 49 Unopposed MOTION to Reset Scheduling Conference by Defendant Continental Casualty Company, Inc.. (Montague, Stephanie) |
| Filing 48 MEMORANDUM regarding #30 MOTION to Dismiss Plaintiff's Second and Third Claims for Relief Under F.R.C.P. 12(b)(6) filed by Continental Casualty Company, Inc., #43 MOTION to Dismiss the Amended Complaint filed by Vail Summit Resorts, Inc., Vail Corporation, The, Vail Resorts, Inc. Motions referred to Magistrate Judge Nina Y. Wang. By Judge Raymond P. Moore on 12/11/2018. (Text Only Entry) (rmsec ) |
| Filing 47 RESPONSE to #30 MOTION to Dismiss Plaintiff's Second and Third Claims for Relief Under F.R.C.P. 12(b)(6) filed by Plaintiff John West. (Smith, Scott) |
| Filing 46 NOTICE of Entry of Appearance by Deanne Campbell Ayers on behalf of Gallagher Basset Services, Inc. (Ayers, Deanne) |
| Filing 45 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Vail Resorts, Inc., Other Affiliate T. Rowe Price Associates, Inc. for Vail Corporation, The, Vail Resorts, Inc., Vail Summit Resorts, Inc.. (Pray, Jonathan) |
| Filing 44 CERTIFICATE of Mailing/Service re 42 Order on Motion for Extension of Time to File Response/Reply, by Plaintiff John West. (Smith, Scott) |
| Filing 43 MOTION to Dismiss the Amended Complaint by Defendants Vail Corporation, The, Vail Resorts, Inc., Vail Summit Resorts, Inc.. (Pray, Jonathan) |
|
Filing 42
ORDER granting #41 Motion for Extension of Time to File Response/Reply. It is further ORDERED that counsel shall serve the client in compliance with D.C.COLO.LCivR 6.1(c). Further requests for extensions or continuances may not be considered absent a showing of compliance with this Local Rule.SO ORDERED by Judge Raymond P. Moore on 11/29/2018. (Text Only Entry ) (rmsec )
|
| Filing 41 Unopposed MOTION for Extension of Time to File Response/Reply as to #30 MOTION to Dismiss Plaintiff's Second and Third Claims for Relief Under F.R.C.P. 12(b)(6) by Plaintiff John West. (Attachments: #1 Proposed Order (PDF Only))(Smith, Scott) |
|
Filing 40
ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE by Magistrate Judge Nina Y. Wang on 11/16/2018. A Scheduling Conference is set for 12/19/2018 10:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. The parties or their counsel shall submit their proposed scheduling order, pursuant to District of Colorado Electronic Case Filing (ECF) Procedures V.6.0, including a copy of the proposed scheduling order in a Word format sent via email to Wang_Chambers@cod.uscourts.gov, seven days prior to the Scheduling Conference. (bwilk, )
|
| Filing 39 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Vail Summit Resorts, Inc., Vail Corporation, The, Vail Resorts, Inc.. Vail Summit Resorts, Inc. answer due 11/29/2018; Vail Corporation, The answer due 11/29/2018; Vail Resorts, Inc. answer due 11/29/2018. (Cohen, Justin) |
| Filing 38 NOTICE of Entry of Appearance by Justin L. Cohen on behalf of Vail Corporation, The, Vail Resorts, Inc., Vail Summit Resorts, Inc.Attorney Justin L. Cohen added to party Vail Corporation, The(pty:dft), Attorney Justin L. Cohen added to party Vail Resorts, Inc.(pty:dft), Attorney Justin L. Cohen added to party Vail Summit Resorts, Inc.(pty:dft) (Cohen, Justin) |
| Filing 37 NOTICE of Entry of Appearance by Jonathan George Pray on behalf of Vail Corporation, The, Vail Resorts, Inc., Vail Summit Resorts, Inc.Attorney Jonathan George Pray added to party Vail Corporation, The(pty:dft), Attorney Jonathan George Pray added to party Vail Resorts, Inc.(pty:dft), Attorney Jonathan George Pray added to party Vail Summit Resorts, Inc.(pty:dft) (Pray, Jonathan) |
|
Filing 36
MINUTE ORDER: This matter is before the Court upon review of the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction #34 where the parties have advised that not all parties consent. Previously, by order dated 11/6/2018 #27 , the Court entered the Order Referring Case Pursuant to 28 U.S.C. 636(c) upon being notified of Consent #24 #26 . Upon further review, the Consents on which the Court's 11/6/2018 order was based were consents of removal and not consents to the exercise of jurisdiction by the Magistrate Judge. Accordingly, the Court hereby VACATES the Order #27 . All future filings in this case shall be filed under 18-cv-02802-RM-NYW. SO ORDERED by Judge Raymond P. Moore on 11/14/2018. (Text Only Entry) (rmsec )
|
| Filing 35 NOTICE re #1 Notice of Removal,,,,,,,,,,, State Register of Actions by Defendant Continental Casualty Company, Inc. (Attachments: #1 Exhibit AA Notice of Filing Notice of Removal, #2 Exhibit BB Stipulation to Correct Caption, #3 Exhibit CC Proposed Order re Stipulation to Correct Caption, #4 Exhibit DD Order re Stipulation to Correct Caption)(Montague, Stephanie) |
| Filing 34 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff John West All parties do not consent.. (Smith, Scott) |
| Filing 33 COURTROOM MINUTES/MINUTE ORDER for Telephonic Status Conference held on 11/9/2018 before Magistrate Judge Nina Y. Wang. A completed Consent/Non-Consent to the Exercise of Jurisdiction by a United States Magistrate Judge #7 is due on or before 11/13/2018. FTR: Courtroom A-502. (bwilk, ) |
| Filing 32 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #29 Notice of Entry of Appearance filed by attorneyPaul R. Popovic.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) (nmarb, ) |
|
Filing 31
MINUTE ORDER : A Telephonic Status Conference is SET for tomorrow, 11/9/2018, at 11:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. The Status Conference will cover the parties' consent to the exercise of Magistrate Judge jurisdiction. Parties shall call into court on one telephone line at 303.335.2600 at the designated time to participate. By Magistrate Judge Nina Y. Wang on 11/08/2018. Text Only Entry (nywlc1, )
|
| Filing 30 MOTION to Dismiss Plaintiff's Second and Third Claims for Relief Under F.R.C.P. 12(b)(6) by Defendant Continental Casualty Company, Inc.. (Montague, Stephanie) |
| Filing 29 NOTICE of Entry of Appearance by Stephanie A. Montague on behalf of Continental Casualty Company, Inc. (Montague, Stephanie) |
| Filing 28 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent CONTINENTAL CASUALTY COMPANY D/B/A CNA, Corporate Parent CNA Financial Corporation, Other Affiliate The Continental Corporation, Other Affiliate Loews Corporation for Continental Casualty Company, Inc.. (Montague, Stephanie) |
|
Filing 27
VACATED ORDER REFERRING CASE PURSUANT TO 28 U.S.C. 636(c) The case is referred for disposition to the Magistrate Judge currently assigned to the case and the Clerk shall amend the case number to 18-cv-02802-NYW. ORDERED by Judge Raymond P. Moore on 11/6/2018. (cthom, ) Modified on 11/14/2018 (rmsec, ).
|
| Filing 26 NOTICE Consent to Removal by Defendant Gallagher Basset Services, Inc. (Ayers, Deanne) |
| Filing 25 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Arthur J. Gallagher & Co. for Gallagher Basset Services, Inc.. (Ayers, Deanne) |
| Filing 24 CONSENT(To Removal only) to Jurisdiction of Magistrate Judge by Defendants Vail Corporation, The, Vail Resorts, Inc., Vail Summit Resorts, Inc. All parties consent. (Scheurich, Samuel) Modified on 11/7/2018 to show correct caption for document. (nmarb, ). Modified on 11/9/2018 to strike that all parties consent. Vail defendants consent to removal (bwilk, ). |
| Filing 23 NOTICE of Entry of Appearance by Samuel James Scheurich on behalf of Vail Corporation, The, Vail Resorts, Inc., Vail Summit Resorts, Inc. (Scheurich, Samuel) |
| Filing 22 Gallagher Bassett Services, Inc.'s ANSWER to #4 Amended Complaint Attorney Deanne Campbell Ayers added to party Gallagher Basset Services, Inc.(pty:dft) by Gallagher Basset Services, Inc..(Ayers, Deanne) |
| Filing 21 NOTICE of Entry of Appearance by Edward Timothy Walker on behalf of Vail Corporation, The, Vail Resorts, Inc., Vail Summit Resorts, Inc. (Walker, Edward) |
|
Filing 20
MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 11/2/2018. (Text Only Entry) (rmsec)
|
|
Filing 19
ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. 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 11/2/2018. (Text Only Entry) (rmsec )
|
| Filing 18 NOTICE of Entry of Appearance by Scott David Smith on behalf of John WestAttorney Scott David Smith added to party John West(pty:pla) (Smith, Scott) |
| Filing 17 NOTICE of Entry of Appearance by John G. Taussig, III on behalf of John WestAttorney John G. Taussig, III added to party John West(pty:pla) (Taussig, John) |
| Filing 16 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #1 Notice of Removal,,,,,,,,,,, filed by attorneyStephanie A. Montague.Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the Filer must include the Address of the Attorney/Firm to all future documents.(Text Only Entry) (rroge, ) |
| Filing 15 AFFIDAVIT/RETURN of Service of Summons, Amended Complaint, and Jury Demand upon Continental Casualty Company, Inc. on 10/5/2018 (rroge, ) |
| Filing 14 AFFIDAVIT/RETURN of Service of Summons, Amended Complaint, and Jury Demand upon Vail Resorts, Inc. on 10/5/2018 (rroge, ) |
| Filing 13 AFFIDAVIT/RETURN of Service of Summons, Amended Complaint, and Jury Demand upon Vail Summit Resorts, Inc. on 10/5/2018 (rroge, ) |
| Filing 12 AFFIDAVIT/RETURN of Service of Summons, Amended Complaint, and Jury Demand upon Gallagher Bassett Services, Inc. on 10/5/2018 (rroge, ) |
| Filing 11 STATE COURT ORDER Granting Defendant's Unopposed Motion for Extension of Time by Boulder County District Court Judge Andrew Ross MacDonald on 10/29/2018. (rroge, ) |
| Filing 10 STATE COURT ORDER Granting Status Report and Request for a Final Two-Week Extension of Time to Serve Complaint by Boulder County District Court Judge Andrew Ross MacDonald on 09/26/2018. (rroge, ) |
| Filing 9 STATE COURT ORDER Granting Status Report and Request for a Three-Week Extension of Time to Serve Complaint by Boulder County District Court Judge Andrew Ross MacDonald on 9/6/2018. (rroge, ) |
| Filing 8 STATE COURT ORDER Granting Status Report and Request for Extension of Time to Serve Complaint by Boulder County District Court Judge Patrick D Butler on 7/27/2018. (rroge, ) |
| Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (rroge, ) |
| Filing 6 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawls of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (rroge, ) |
| Filing 5 Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry. (rroge, ) |
| Filing 4 AMENDED COMPLAINT and Jury Demand against Continental Casualty Company, Inc., Gallagher Basset Services, Inc., Vail Corporation, The, Vail Resorts, Inc., Vail Summit Resorts, Inc., filed by John West.(rroge, ) |
| Filing 3 COMPLAINT and Jury Demand against Continental Casualty Company, Inc., Gallagher Basset Services, Inc., Vail Corporation, The, Vail Resorts, Inc., Vail Summit Resorts, Inc., filed by John West.(rroge, ) |
| Filing 2 NOTICE re #1 Notice of Removal,,,,,,,,,,, by Defendant Continental Casualty Company, Inc. (Attachments: #1 Civil Cover Sheet Attachment to Civil Cover Sheet)(Montague, Stephanie) |
| Filing 1 NOTICE OF REMOVAL by Continental Casualty Company, Inc. from District Court, Boulder County, State of Colorado, Case Number 2018CV30493. (Filing fee $ 400, Receipt Number 1082-6375805), filed by Continental Casualty Company, Inc.. (Attachments: #1 Exhibit Exhibit A.Complaint and Jury Demand, #2 Exhibit Exhibit B.Amended Complaint and Jury Demand FINAL, #3 Exhibit Exhibit C.Return of Service on 10-5- Randy Wilson for Division of Insurance for Continental Casualty Inc, #4 Exhibit Exhibit D.Return of Service on 10-5- Randy Wilson for Division of Insurance for Continental Casualty, #5 Exhibit Exhibit E.Civil Cover Sheet, #6 Exhibit Exhibit F.Order - Status Report and Request for Extension of Time to Serve Complaint, #7 Exhibit Exhibit G. Proposed Order Re Status Report and Request for Extension of Time to Serve Complaint, #8 Exhibit Exhibit H.Status Report and Request for Extension of Time to Serve Complaint, #9 Exhibit Exhibit I. Motion for Extension of Time to Amend Complaint FINAL, #10 Exhibit Exhibit J.Motion for Extension of Time to Amend Complaint, #11 Exhibit Exhibit K.Order re Status Report and Request for 3 Week Extension of Time to Serve Complaint, #12 Exhibit Exhibit L.Status Report and Motion for Extension of Time to Amend Complaint FINAL, #13 Exhibit Exhibit M. Order re Status Report and Request for a Final Two-Week Extension of Time to Serve Complaint, #14 Exhibit Exhibit N.District Court Civil Summons - Continental Casualty Company, #15 Exhibit Exhibit O. District Court Civil Summons - Continental Casualty Company Inc, #16 Exhibit Exhibit P.District Court Civil Summons - Gallagher Bassett Services, Inc, #17 Exhibit Exhibit Q. District Court Civil Summons - The Vail Corporation dba Vail Associates, Inc., #18 Exhibit Exhibit R.District Court Civil Summons - Vail Resorts, Inc., #19 Exhibit Exhibit S.District Court Civil Summons - Vail Summit Resorts, Inc., #20 Exhibit Exhibit T.Return of Service on 10-5- Cole Stender for Corporation Service Company for The Vail Corporation dba Vail Associates Inc. in Littleton, #21 Exhibit Exhibit U.Return of Service on 10-5- Cole Stender for Corporation Service Company for Vail Resorts Inc. in Littleton, #22 Exhibit Exhibit V.Return of Service on 10-5- Cole Stender for Corporation Service Company for Vail Summit Resorts Inc. in Littleton, #23 Exhibit Exhibit W. Return of Service on 10-5- Cole Stender for Prentice-Hall Corporation Systems for Gallagher Basset Services, Inc. in Littleton, #24 Exhibit Exhibit X.Defendant Vails Unopposed Motion for Extension of Time, #25 Exhibit Exhibit Y.Proposed Order re Motion for Extension of Time, #26 Exhibit Exhibit Z.Order Granting Defendant Vails Unopposed Motion for Extension of Time)(Montague, Stephanie) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Colorado District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
