Pena v. Hartford Underwriters Insurance Company
| Dennis Pena, TBI Construction and Dennis L. Pena |
| Hartford Underwriters Insurance Company |
| 1:2019cv01764 |
| June 18, 2019 |
| US District Court for the District of Colorado |
| S Kato Crews |
| William J Martinez |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 30, 2019. A more recent docket listing may be available from PACER.
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| Filing 19 SUMMONS Returned Executed by Dennis L. Pena. Hartford Underwriters Insurance Company served on 7/26/2019, answer due 8/16/2019. (Calandra, Colleen) |
| Filing 18 AMENDED COMPLAINT and Demand for Jury against Hartford Underwriters Insurance Company, filed by Dennis L. Pena.(jgonz, ) |
Filing 17
ORDER granting #9 Motion for Leave to File Amended Complaint. The Amended Complaint [ECF. #9-1] is accepted for filing and the Clerk of Court shall docket it accordingly. By Magistrate Judge S. Kato Crews on 7/30/2019. Text Only Entry(skclc1)
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| Filing 16 SUMMONS issued by Clerk on 7/22/2019 (angar, ) |
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Filing 15
MEMORANDUM regarding #9 First MOTION for Leave to File Amended Complaint 7 Order,,,, filed by Dennis L. Pena. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 7/19/2019. Text Only Entry (wjmsec, )
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Filing 14
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 7/1 9/2019. Text Only Entry (wjmsec, )
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Filing 13
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews, 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 7/19/2019. (wjmsec, )
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Filing 12
ORDER: This matter is before the Court on Plaintiffs Response to Order to Show Cause ECF No. 7 #10 : Based on its review of Plaintiff's 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 7/19/2019. (wjmsec, )
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| Filing 11 SUMMONS REQUEST as to Hartford Underwriters Insurance Company re #9 First MOTION for Leave to File Amended Complaint 7 Order,,,,, #10 Response by Plaintiff Dennis L. Pena. (Calandra, Colleen) |
| Filing 10 RESPONSE to #9 First MOTION for Leave to File Amended Complaint 7 Order,,,,, 7 Order,,,, Response to ECF NO 7 by Plaintiff Dennis L. Pena. (Calandra, Colleen) |
| Filing 9 First MOTION for Leave to File Amended Complaint 7 Order,,,, by Plaintiff Dennis L. Pena. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order (PDF Only))(Calandra, Colleen) |
| Filing 8 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #4 Consent to Jurisdiction of Magistrate Judge filed by attorney Colleen Therese Calandra. 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) (athom, ) |
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Filing 7
ORDER TO SHOW CAUSE returnable July 19, 2019. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). Plaintiff claims 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)). Plaintiff's Complaint lacks sufficient factual allegations to plausibly allege that the amount in controversy exceeds $75,000. See 28 U.S.C. 1332(a). Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, by July 19, 2019, as to why the Court should not on its own motion dismiss this action based on Plaintiff's failure to allege facts sufficient to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 7/11/2019. Text Only Entry (wjmsec, )
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| Filing 6 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Judge William J. Martinez for all further proceedings. All future pleadings should be designated as 19-cv-1764-WJM (angar, ) |
| Filing 5 CASE REASSIGNED pursuant to #4 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock. All future pleadings should be designated as 19-cv-01764-LTB. (Text Only Entry) (jgonz, ) |
| Filing 4 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Dennis L. Pena All parties do not consent.. (Stern, Rebekah) |
| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (rroge, ) |
| Filing 2 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (rroge, ) |
| Filing 1 COMPLAINT and Jury Demand against Hartford Underwriters Insurance Company (Filing fee $ 400,Receipt Number 1082-6749008)Attorney Colleen Therese Calandra added to party Dennis Pena (pty:pla), Attorney Colleen Therese Calandra added to party TBI Construction (pty:pla), filed by Dennis Pena, TBI Construction. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Exhibit A)(Calandra, Colleen) |
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