Scott et al v. Buckner Company, The
| Joel Scott and Caron Scott |
| Buckner Company, The |
| 1:2019cv00170 |
| January 18, 2019 |
| US District Court for the District of Colorado |
| William J Martinez |
| Nina Y Wang |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 1, 2024. A more recent docket listing may be available from PACER.
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Filing 35
Proposed Scheduling Order by Plaintiffs Caron Scott, Joel Scott. (Rugh, Kerri)
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Filing 34
ORDER granting #32 Motion for Leave to Appear Telephonically. Ms. Rugh may appear telephonically at the Scheduling Conference set for Tuesday, March 19, 2019 by calling 303.335.2600 at the designated time to participate. By Magistrate Judge Nina Y. Wang on 3.15.2019. Text Only Entry (nywlc1, )
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Filing 33
MEMORANDUM regarding #32 Unopposed MOTION for Leave to Appear Telephonically at the Scheduling/Planning Conference filed by Caron Scott, Joel Scott. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 3/15/2019. Text Only Entry (wjmsec, )
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Filing 32
Unopposed MOTION for Leave to Appear Telephonically at the Scheduling/Planning Conference by Plaintiffs Caron Scott, Joel Scott. (Rugh, Kerri)
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Filing 31
ORDER: The Unopposed Motion to Reset the Scheduling Conference #26 is DENIED. A pending motion to dismiss not related to the court's subject-matter jurisdiction does not justify an indefinite delay. The Scheduling Conference set for March 19 will take place as scheduled. Additionally the court notes the Proposed Scheduling Order remains due a week before the Scheduling Conference--yesterday. The proposed scheduling order is to be submitted promptly. By Magistrate Judge Nina Y. Wang on 3.13.2019. Text Only Entry (nywlc1, )
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Filing 30
MEMORANDUM regarding #26 Unopposed MOTION to Reset Scheduling/Planning Conference filed by Caron Scott, Joel Scott. Motions referred to Magistrate Judge Nina Y. Wang by Judge William J. Martinez on 3/13/2019. Text Only Entry (wjmsec, )
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Filing 29
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2018 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 3/ 13/2019. Text Only Entry (wjmsec, )
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Filing 28
ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Magistrate Judge Wang, or such other Magistrate Judge who may in the future be reassigned this case, 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 3/13/2019. Text Only Entry (wjmsec, )
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Filing 27
ORDER: This matter is before the Court on Plaintiffs' Response to Order to Show Cause [ECF No. 22] #25 : Based on its review of Plaintiffs' Response, the Court is satisfied it has diversity jurisdiction over this action pursuant to 28 U.S.C. 1332. As a consequence, the Order to Show Cause is DISCHARGED. SO ORDERED by Judge William J. Martinez on 3/13/2019. Text Only Entry (wjmsec, )
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Filing 26
Unopposed MOTION to Reset Scheduling/Planning Conference by Plaintiffs Caron Scott, Joel Scott. (Rugh, Kerri)
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Filing 25
RESPONSE to 22 Order,,,, to Show Cause by Plaintiffs Caron Scott, Joel Scott. (Rugh, Kerri)
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Filing 24
AMENDED COMPLAINT First and Jury Demand against Buckner Company, The, filed by Joel Scott, Caron Scott.(Rugh, Kerri)
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Filing 23
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #21 Notice of Entry of Appearance filed by attorney Shawn Anthony Eady. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (angar, )
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Filing 22
DISCHARGED ORDER TO SHOW CAUSE returnable March 15, 2019. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). Plaintiffs claim jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties. The Court "must rigorously enforce Congress' intent to restrict federal jurisdiction in controversies between citizens of different states." Martin v. Franklin Capital Corp., 251 F.3d 1284, 1289 (10th Cir. 2001) abrogated on other grounds by Dart Cherokee Basin Operating Co., LLC v. Owens, 135 S. Ct. 547 (2014)). Plaintiffs' Complaint lacks any factual allegations which plausibly allege that the amount in controversy exceeds $75,000. See 28 U.S.C. 1332(a). Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE, by March 15, 2019, as to why the Court should not on its own motion dismiss this action based on Plaintiffs' failure to allege facts sufficient to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 3/8/2019. Text Only Entry (wjmsec, ) Modified on 3/14/2019 to discharge document pursuant to 27 Order (angar, ).
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Filing 21
NOTICE of Entry of Appearance by Shawn Anthony Eady on behalf of Buckner Company, TheAttorney Shawn Anthony Eady added to party Buckner Company, The(pty:dft) (Eady, Shawn)
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Filing 20
CASE REASSIGNED pursuant to #19 Memorandum Returning Case. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 19-cv-00170-WJM. (Text Only Entry) (rkeec)
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Filing 19
MEMORANDUM RETURNING CASE by Judge Wiley Y. Daniel. (rkeec)
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Filing 18
CASE REASSIGNED pursuant to #16 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Wiley Y. Daniel. All future pleadings should be designated as 19-cv-00170-WYD. (Text Only Entry) (nmarb, )
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Filing 17
MINUTE ORDER : Status Conference set for March 7 vacated per docketing of completed Consent Form. #16 . By Magistrate Judge Nina Y. Wang on 3.4.2019. Text Only Entry (nywlc1, )
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Filing 16
CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Caron Scott, Joel Scott All parties do not consent.. (Rugh, Kerri)
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Filing 15
MINUTE ORDER : The deadline to submit the Consent/Non-Consent Form has expired with neither compliance nor a timely motion for extension of time. Therefore a Status Conference is set for 3/7/2019 11:15 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang for the parties to appear, in person, to fill out the Form. The filing of a completed Consent/Non-Consent Form will automatically vacate the Thursday Status Conference. By Magistrate Judge Nina Y. Wang on 3.4.2019. Text Only Entry (nywlc1, )
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Filing 14
First MOTION to Dismiss for Improper Venue by Defendant Buckner Company, The. (Attachments: #1 Affidavit Affidavit of Brett Franklin Lancaster)(Montague, Stephanie)
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Filing 13
NOTICE of Entry of Appearance by Benton Jordan Barton on behalf of Buckner Company, TheAttorney Benton Jordan Barton added to party Buckner Company, The(pty:dft) (Barton, Benton)
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Filing 12
NOTICE of Entry of Appearance by Stephanie A. Montague on behalf of Buckner Company, TheAttorney Stephanie A. Montague added to party Buckner Company, The(pty:dft) (Montague, Stephanie)
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Filing 11
ORDER granting #10 Motion for Order. Scheduling Conference RESET for 3/19/2019 10:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. By Magistrate Judge Nina Y. Wang on 2.19.2019. Text Only Entry (nywlc1, )
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Filing 10
MOTION for Order to Reschedule Scheduling/Planning Conference by Plaintiffs Caron Scott, Joel Scott. (Rugh, Kerri)
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Filing 9
SUMMONS Returned Executed by Joel Scott, Caron Scott. Buckner Company, The served on 2/1/2019, answer due 2/22/2019. (Rugh, Kerri)
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Filing 8
SUMMONS issued by Clerk to The Buckner Company. (Attachments: #1 Magistrate Judge Consent Form) (nmarb, ) Modified on 1/29/2019 to correct typo. (nmarb, ).
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Filing 7
SUMMONS REQUEST as to The Buckner Company by Plaintiffs Caron Scott, Joel Scott. (Rugh, Kerri)
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Filing 6
ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NONCONSENT FORM by Magistrate Judge Nina Y. Wang on 1/25/2019. A Scheduling Conference is set for 3/15/2019 09:30 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. The parties shall submit their proposed scheduling order, including a copy of the proposed scheduling order in Word format sent via email to Wang_Chambers@cod.uscourts.gov, on or before 3/8/2019. The parties shall complete and file the Consent/Nonconsent Form by 3/1/2019. (bwilk, )
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Filing 5
NOTICE of Entry of Appearance by Elizabeth A. Walker on behalf of Caron Scott, Joel ScottAttorney Elizabeth A. Walker added to party Caron Scott(pty:pla), Attorney Elizabeth A. Walker added to party Joel Scott(pty:pla) (Walker, Elizabeth)
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Filing 4
NOTICE of Entry of Appearance by Bradley Aaron Levin on behalf of Caron Scott, Joel ScottAttorney Bradley Aaron Levin added to party Caron Scott(pty:pla), Attorney Bradley Aaron Levin added to party Joel Scott(pty:pla) (Levin, Bradley)
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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. No Summons Issued. (cmadr, )
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Filing 2
Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry. (cmadr, )
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Filing 1
COMPLAINT and Jury Demand against Buckner Company, The (Filing fee $ 400,Receipt Number 1082-6492028)Attorney Kerri Jane Rugh added to party Caron Scott(pty:pla), Attorney Kerri Jane Rugh added to party Joel Scott(pty:pla), filed by Joel Scott, Caron Scott. (Attachments: #1 Civil Cover Sheet)(Rugh, Kerri)
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