Smith v. Nationwide Mutual Insurance Company
Plaintiff: Nathan Smith
Defendant: Nationwide Mutual Insurance Company
Case Number: 1:2019cv00283
Filed: February 1, 2019
Court: US District Court for the District of Colorado
Presiding Judge: Kristen L Mix
Referring Judge: Raymond P Moore
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 20, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 20, 2019 Filing 20 STATUS REPORT Regarding Minute Order by Defendant Nationwide Mutual Insurance Company. (Attachments: #1 Exhibit A to Status Report, #2 Exhibit B to Status Report)(Stevens, John)
March 19, 2019 Opinion or Order Filing 19 MINUTE ORDER: Upon consideration of the removal of this case back to this District, on or before Friday, March 22, 2019, Defendant shall (1) file a current registry of action of the state court action; (2) file all papers filed in the state court which have not already been docketed in this court; and (3) advise if there were any hearings set or motions pending before the state court which require resolution. SO ORDERED by Judge Raymond P. Moore on 3/19/2019. (Text Only Entry) (rmsec )
March 18, 2019 Opinion or Order Filing 18 ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on 3/18/19. Scheduling Conference set for 5/23/2019 10:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3) (lgale, )
March 18, 2019 Filing 17 CERTIFICATE of Service by email by Clerk of Court to cheryl.layne@judicial.state.co.us. (cpear)
March 18, 2019 Opinion or Order Filing 16 ORDER granting #15 Motion for Reconsideration and vacating #12 the Order remanding the case to Douglas County District Court. The Douglas County District Court case 18cv31183 shall be removed and returned to this court. Entered by Judge Raymond P. Moore on 3/18/2019. (cpear)
February 19, 2019 Filing 15 MOTION for Reconsideration re #12 Order Dismissing Case, by Defendant Nationwide Mutual Insurance Company. (Attachments: #1 Proposed Order (PDF Only) Order re: Defendant's Motion for Reconsideration, #2 Exhibit A to Motion for Reconsideration)(Stevens, John)
February 18, 2019 Filing 14 NOTICE of Entry of Appearance by Chad Patrick Hemmat on behalf of Nathan SmithAttorney Chad Patrick Hemmat added to party Nathan Smith(pty:pla) (Hemmat, Chad)
February 15, 2019 Filing 13 CERTIFICATE of Service by email by Clerk of Court re #12 Order to cheryl.layne@judicial.state.co.us. Text Only Entry (sgrim)
February 15, 2019 Opinion or Order Filing 12 ORDER. The Order 11 to show cause is MADE ABSOLUTE. Pursuant to 28 U.S.C. 1447(c), due to this Court's lack of subject matter jurisdiction, this case is REMANDED to the District Court, Douglas County, Colorado, where it was originally filed as Case No. 18cv31183. The Clerk of the Court is directed to close this case, by Judge Raymond P. Moore on 2/15/19. (sgrim)
February 1, 2019 Opinion or Order Filing 11 MINUTE ORDER: This matter is before the Court sua sponte upon review of the Notice of Removal #1 which alleges subject matter jurisdiction based on diversity of citizenship under 28 U.S.C. 1331. Section 1331, however, covers federal question jurisdiction. Assuming Defendant meant 28 U.S.C. 1332, that statute provides "[t]he district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between(1) citizens of different States." 28 U.S.C. 1332(a)(1). For a corporation, it is "deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business." 28 U.S.C. 1332(c)(1) (emphasis added). In this case, Defendant alleges "complete diversity of citizenship exists between the parties. There is no dispute Plaintiff is a citizen of the State of Colorado, (Complaint, 1) and Defendant is an Ohio corporation," but fails to allege where Defendant has its principal place of business. (ECF No. 1, page 2.) And, that information is also not found in the Complaint #5 . Accordingly, the Court is unable to determine the citizenship of Defendant and that complete diversity of citizenship exists. It is therefore ORDERED that on or before Friday, February 8, 2019, Defendant shall SHOW CAUSE why this case should not be remanded from where it was removed due to this Court's lack of subject matter jurisdiction. SO ORDERED by Judge Raymond P. Moore on 2/1/2019. (Text Only Entry) (rmsec )
February 1, 2019 Opinion or Order Filing 10 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 2/1/2019. (Text Only Entry) (rmsec )
February 1, 2019 Opinion or Order Filing 9 ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. 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 2/1/2019. (Text Only Entry) (rmsec )
February 1, 2019 Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (rvill, )
February 1, 2019 Filing 7 Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (rvill, )
February 1, 2019 Filing 6 AFFIDAVIT of Service of Summons and Complaint upon Nationwide Mutual Insurance Company on 01/03/2019. (rvill, )
February 1, 2019 Filing 5 COMPLAINT AND JURY DEMAND against Nationwide Mutual Insurance Company, filed by Nathan Smith.(rvill, )
February 1, 2019 Filing 4 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. (rvill, )
February 1, 2019 Filing 3 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #1 Notice of Removal filed by attorney John Henry Stevens IV. 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) (rvill, )
February 1, 2019 Filing 2 NOTICE of Entry of Appearance by Michael Caleb Meyer on behalf of Nationwide Mutual Insurance Company (Meyer, Michael)
February 1, 2019 Filing 1 NOTICE OF REMOVAL by Nationwide Mutual Insurance Company from Douglas County, Case Number 2018CV31183. (Filing fee $ 400, Receipt Number 1082-6512878), filed by Nationwide Mutual Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Summons, #3 Exhibit B - Civil Cover Sheet, #4 Exhibit C - Complaint, #5 Exhibit D - Affidavit of Service, #6 Exhibit E - State Court Action, Notice of Removal, #7 Exhibit F - Docket Sheet)(Stevens, John)

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Plaintiff: Nathan Smith
Represented By: Chad Patrick Hemmat
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Defendant: Nationwide Mutual Insurance Company
Represented By: Michael Caleb Meyer
Represented By: John Henry Stevens, IV
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