Dimick v. Allstate Corporation, The
| Christopher Ryan Dimick, Drake William Dimick, Laura Kristine Dimick, Drake (I) William Dimick, Laura (I) Kristine Dimick and Christopher (I) Ryan Dimick |
| Julie Anderson, Department of Commerce, Community, and Economic Development, Simon Ford, Julie Poindexter, State of Alaska, Alaska Department of Law, Louise R. Driscoll, Alaska Financial Crimes Task Force, Ethan Berkowitz, Department of Commerce, Community, and Econmic Development, Division of Corporations, Business, and Professional Licensing, Eric Odegard, Clayton & Dierner, LLC, Lenny DiPaolo, Elizabeth Slattery, U.S. Department of Justice Office of the Inspector General, Alex Romero, Anchorage Police Department, Division of Insurance, Adam Crum, Kevin G. Clarkson, Allstate Corporation, The, Iliamna Lock and Key Mobile Locksmith Services, Edward S. Grover, Alaska Bar Association, United States Postal Service, Office of Inspector General, Erin Egan, Shawn Williams, Scott Leaders, Lori Wing-Heier, Justin Doll, Peninsula Reporting, Franklin & Associates, Alaska Department of Health and Social Services, Maryanne Boreen, Peter Diemer, Michael Oglesby, Brenda Silva, David Silva, VeriClaim, Kevin K. McAleenan, Daniel Wilkerson, Al Clayton, Jr., Ehrhardt, Kelly & Cooly, Chuck Rettig, Jim Lane, Amanda Price, Bryan Schroder, Ronny Simmons, Department of Public Safety, Alaska State Troopers, Christopher A. Wray, Nelson Franklin, Michael E. Horowitz, Thomas Wilson, Gregory C. Swank, Brandon Elkins and Steven Terner Mnuchin |
| 1:2019cv01240 |
| April 29, 2019 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| Gordon P Gallagher |
| Civil Rights: Other |
| 28 U.S.C. § 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 17 SUPPLEMENT/AMENDMENT to #14 MOTION to Dismiss the Complaint by Defendants Allstate Corporation, The, Edward S. Grover, Julie Poindexter, Thomas Wilson. (Logan, Cedric) |
| Filing 16 MEMORANDUM regarding #14 MOTION to Dismiss the Complaint filed by Julie Poindexter, Edward S. Grover, Thomas Wilson, Allstate Corporation, The. Motion referred to Magistrate Judge Gordon P. Gallagher by Judge Christine M. Arguello on 6/2/2019. Text Only Entry (cmalc2) |
| Filing 15 AMENDED COMPLAINT against Alaska Bar Association, Allstate Corporation, The, Julie Anderson, Kevin G. Clarkson, Al Clayton, Jr, Clayton & Dierner, LLC, Adam Crum, Lenny DiPaolo, Peter Diemer, Justin Doll, Louise R. Driscoll, Erin Egan, Ehrhardt, Kelly & Cooly, Brandon Elkins, Simon Ford, Nelson Franklin, Franklin & Associates, Edward S. Grover, Michael E. Horowitz(FBI, U.S. Department of Justice Office of the Inspector General), Michael E. Horowitz(USPS Inspector, United States Post Office, Office of Inspector General), Iliamna Lock and Key Mobile Locksmith Services, Jim Lane, Scott Leaders, Kevin K. McAleenan, Peninsula Reporting, Amanda Price, Chuck Rettig, Alex Romero, Bryan Schroder, Brenda Silva, David Silva, Ronny Simmons, Elizabeth Slattery, State of Alaska, Alaska Department of Law, Gregory C. Swank, U.S. Department of Justice Office of the Inspector General, United States Postal Service, Office of Inspector General, VeriClaim, Daniel Wilkerson, Shawn Williams, Thomas Wilson, Lori Wing-Heier, Christopher A. Wray, Department of Commerce, and Economic Development, Division of Banking and Securities, Department of Public Safety, Division of Insurance, Eric Odegard, filed by Christopher Ryan Dimick, Christopher (I) Ryan Dimick, Laura (I) Kristine Dimick, Drake (I) William Dimick, Drake William Dimick, Laura Kristine Dimick. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(evana, ) Modified on 5/31/2019 (evana, ). |
| Filing 14 MOTION to Dismiss the Complaint by Defendants Allstate Corporation, The, Edward S. Grover, Julie Poindexter, Thomas Wilson. (Attachments: #1 Exhibit A - Allstate Summons - 05-07-19)(Logan, Cedric) |
| Filing 13 Administrative Notice: The Summonses submitted by mail are incomplete and will not be issued - documents retuned to Plaintiff. All defendants must be listed in the caption - et al can not be used. Please makes corrections and resubmit. (Text Only Entry) (athom, ) |
| Filing 12 CERTIFICATE of Service by Mail by Clerk of Court re 9 Minute Order, 11 Amended Minute Order. Minute Orders Mailed to Christopher Ryan Dimick, Laura Kristine Dimick, and Drake William Dimick at 585 25 1/2 Road, Unit 143, Grand Junction, CO 81502. Text Only Entry (athom, ) |
Filing 11
AMENDED MINUTE ORDER TO FILE AN AMENDED COMPLAINT: On May 3, 2019, Magistrate Judge Mix Ordered (ECF #6) Plaintiffs to file an amended complaint which complies with Rule 8(a). That Order (ECF #6) is incorporated herein in its entirety. Plaintiffs were instructed that their complaint must contain (1) a short and plain statement of the grounds for the courts jurisdiction...; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought. Fed.R.Civ.P. 8. Plaintiffs original complaint (ECF #1) is devoid of these basic requirements of pleading and thus subject to dismissal as stated by Magistrate Judge Mix. See Order directing Plaintiffs to file an amended complaint (ECF #6). On May 7, 2019 and May 9, 2019, Plaintiffs filed documents titled complaint. (ECF #8 and ECF #10). Other than some changes to the list of Defendants, these complaints are substantially similar to the original complaint and also fail to meet the pleading requirements of Rule 8 for the same reasons as set forth in Magistrate Judge Mixs Order. As it is incumbent upon the Court to liberally construe Plaintiffs pro se pleadings, see Haines v. Kerner, 404 U.S. 519, 520-21 (1972), the Court will afford Plaintiffs one final opportunity to file an amended complaint complying with Rule 8 as outlined in Magistrate Judge Mixs Order (ECF #6). Plaintiffs may file their amended complaint no later than June 3, 2019. Plaintiffs are again advised that failure to state a claim will subject their case to dismissal pursuant to Rules 8(a) and/or 12(b). Plaintiffs are again encouraged to seek the guidance of the Federal Pro Se Clinic at (303) 380-8786. Plaintiffs will not be charged any fee for the lawyers time and assistance. The Clerk of Court Shall serve Plaintiffs with this Order. So Ordered, by Magistrate Judge Gordon P. Gallagher on 05/10/2019. Text Only Entry (athom, )
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| Filing 10 AMENDED COMPLAINT FOR A CIVIL CASE against Alaska Bar Association, Alaska Department of Health and Social Services, Alaska Financial Crimes Task Force, Allstate Corporation, The, Anchorage Police Department, Julie Anderson, Ethan Berkowitz, Maryanne Boreen, Kevin G. Clarkson, Al Clayton, Jr, Clayton & Dierner, LLC, Adam Crum, Department of Commerce, Community, and Econmic Development, Division of Corporations, Business, and Professional Licensing, Department of Commerce, Community, and Economic Development, Department of Public Safety, Lenny DiPaolo, Peter Diemer, Division of Insurance, Justin Doll, Louise R. Driscoll, Erin Egan, Ehrhardt, Kelly & Cooly, Brandon Elkins, Simon Ford, Nelson Franklin, Franklin & Associates, Edward S. Grover, Michael E. Horowitz(FBI, U.S. Department of Justice Office of the Inspector General), Michael E. Horowitz(USPS Inspector, United States Post Office, Office of Inspector General), Iliamna Lock and Key Mobile Locksmith Services, Jim Lane, Scott Leaders, Kevin K. McAleenan, Steven Terner Mnuchin, Eric Odegard, Michael Oglesby, Peninsula Reporting, Julie Poindexter, Amanda Price, Chuck Rettig, Alex Romero, Bryan Schroder, Brenda Silva, David Silva, Ronny Simmons, Elizabeth Slattery, State of Alaska, Alaska Department of Law, Gregory C. Swank, U.S. Department of Justice Office of the Inspector General, United States Postal Service, Office of Inspector General, VeriClaim, Daniel Wilkerson, Shawn Williams, Thomas Wilson, Lori Wing-Heier, filed by Christopher Ryan Dimick, Christopher (I) Ryan Dimick, Laura (I) Kristine Dimick, Drake (I) William Dimick, Drake William Dimick, Laura Kristine Dimick. (Attachments: #1 Envelope) (athom, ) |
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Filing 9
MINUTE ORDER TO FILE AN AMENDED COMPLAINT: On May 3, 2019, Magistrate Judge Mix Ordered (ECF #6) Plaintiffs to file an amended complaint which complies with Rule 8(a). That Order (ECF #6) is incorporated herein in its entirety. Plaintiffs were instructed that their complaint must contain (1) a short and plain statement of the grounds for the courts jurisdiction...; (2) a short and plain statement of the claim showing that the pleader is entitled to relief; and (3) a demand for the relief sought. Fed.R.Civ.P. 8. Plaintiffs original complaint (ECF #1) is devoid of these basic requirements of pleading and thus subject to dismissal as stated by Magistrate Judge Mix. See Order directing Plaintiffs to file an amended complaint (ECF #6).On May 8, 2019, Plaintiffs filed another document titled complaint. (ECF #6). Other than some changes to the list of Defendants, this complaint is substantially similar to the original complaint and also fails to meet the pleading requirements of Rule 8 for the same reasons as set forth in Magistrate Judge Mixs Order.As it is incumbent upon the Court to liberally construe Plaintiffs pro se pleadings, see Haines v. Kerner, 404 U.S. 519, 520-21 (1972), the Court will afford Plaintiffs one final opportunity to file an amended complaint complying with Rule 8 as outlined in Magistrate Judge Mixs Order (ECF #6). Plaintiffs may file their amended complaint no later than June 3, 2019.Plaintiffs are again advised that failure to state a claim will subject their case to dismissal pursuant to Rules 8(a) and/or 12(b). Plaintiffs are again encouraged to seek the guidance of the Federal Pro Se Clinic at (303) 380-8786. Plaintiffs will not be charged any fee for the lawyers time and assistance.The Clerk of Court Shall serve Plaintiffs with this Order. So Ordered. by Magistrate Judge Gordon P. Gallagher on 5/8/2019. Text Only Entry (GPG)
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| Filing 8 AMENDED COMPLAINT FOR A CIVIL CASE against Alaska Bar Association, Alaska Department of Health and Social Services, Alaska Financial Crimes Task Force, Allstate Corporation, The, Anchorage Police Department, Julie Anderson, Ethan Berkowitz, Maryanne Boreen, Kevin G. Clarkson, Al Clayton, Jr, Clayton & Dierner, LLC, Adam Crum, Department of Commerce, Community, and Econmic Development, Division of Corporations, Business, and Professional Licensing, Department of Commerce, Community, and Economic Development, Lenny DiPaolo, Peter Diemer, Division of Insurance, Justin Doll, Louise R. Driscoll, Erin Egan, Ehrhardt, Kelly & Cooly, Simon Ford, Franklin & Associates, Edward S. Grover, Iliamna Lock and Key Mobile Locksmith Services, Jim Lane, Scott Leaders, Kevin K. McAleenan, Eric Odegard, Michael Oglesby, Peninsula Reporting, Julie Poindexter, Chuck Rettig, Alex Romero, Brenda Silva, David Silva, Elizabeth Slattery, State of Alaska, Alaska Department of Law, U.S. Department of Justice Office of the Inspector General, United States Postal Service, Office of Inspector General, VeriClaim, Daniel Wilkerson, Shawn Williams, Lori Wing-Heier, Thomas Wilson, Department of Public Safety, Amanda Price, Michael E. Horowitz, Michael E. Horowitz, Nelson Franklin, Bryan Schroder, Ronny Simmons, Brandon Elkins, Gregory C. Swank, Steven Terner Mnuchin, filed by Christopher Ryan Dimick, Christopher (I) Ryan Dimick, Laura (I) Kristine Dimick, Drake (I) William Dimick, Drake William Dimick, Laura Kristine Dimick. (Attachments: #1 Envelope) (athom, ) |
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Filing 7
ORDER: This matter has its factual nexus in Mesa County. According to the Court's Revised Jury Plan for Random Jury Selection, this case is therefore properly designated for Jury Division 3. Because the jury will be drawn from that Division, it is appropriate that the case be managed, for pretrial purposes, by Magistrate Judge Gallagher in Grand Junction. Accordingly, pursuant to D.C. Colo. L. Civ. R. 40.1(a), and as approved by the Chief Judge of the Court, the undersigned directs that the Clerk of the Court reassign this action to Magistrate Judge Gallagher as the referral judge. All further pleadings in this case shall reflect the case number of 19-cv-01240-CMA-GPG. SO ORDERED by Judge Christine M. Arguello on 5/7/2019. Text Only Entry (cmalc2)
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Filing 6
ORDER DIRECTING PLAINTIFFS TO FILE AN AMENDED COMPLAINT by Magistrate Judge Kristen L. Mix on 5/3/19. (lgale, )
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. Magistrate Judge Kristen L. Mix is designated to conduct ALLMTN proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiffs are directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than July 29, 2019, in order for the initial scheduling conference to be held promptly. 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 4/30/2019. Text Only Entry (cmalc2)
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| Filing 4 MEMORANDUM Exercising my prerogative as a Senior Judge, I request that this action be reassigned, by Judge John L. Kane. This case has been randomly reassigned to Judge Christine M. Arguello for all further proceedings. (cthom, ) |
| Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). Summonses submitted contain an incomplete caption and will not be issued. Captions must list all plaintiffs and defendants. (cmadr, ) |
| Filing 2 Case assigned to Judge John L. Kane and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (cmadr, ) |
| Filing 1 COMPLAINT FOR A CIVIL CASE against Alaska Bar Association, Alaska Department of Health and Social Services, Alaska Financial Crimes Task Force, Allstate Corporation, The, Anchorage Police Department, Julie Anderson, Ethan Berkowitz, Maryanne Boreen, Kevin G. Clarkson, Al Clayton, Jr, Clayton & Dierner, LLC, Adam Crum, Department of Commerce, Community, and Econmic Development, Division of Corporations, Business, and Professional Licensing, Department of Commerce, Community, and Economic Development, Lenny DiPaolo, Peter Diemer, Division of Insurance, Justin Doll, Louise R. Driscoll, Erin Egan, Ehrhardt, Kelly & Cooly, Simon Ford, Franklin & Associates, Edward S. Grover, Iliamna Lock and Key Mobile Locksmith Services, Jim Lane, Scott Leaders, Kevin K. McAleenan, Eric Odegard, Michael Oglesby, Peninsula Reporting, Julie Poindexter, Chuck Rettig, Alex Romero, Brenda Silva, David Silva, Elizabeth Slattery, State of Alaska, Alaska Department of Law, U.S. Department of Justice Office of the Inspector General, United States Postal Service, Office of Inspector General, VeriClaim, Daniel Wilkerson, Shawn Williams, Lori Wing-Heier (Filing Fee: $400.00Receipt Number:COX090035), filed by Christopher Ryan Dimick, Christopher (I) Ryan Dimick, Laura (I) Kristine Dimick, Drake (I) William Dimick, Drake William Dimick, Laura Kristine Dimick.(cmadr, ) |
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