Haynes v. Allstate Fire & Casualty Insurance
Plaintiff: Jacqueline Haynes
Defendant: Brittney Montoya, Allstate Fire & Casualty Insurance Company and Allstate Fire & Casualty Insurance
Case Number: 1:2019cv02397
Filed: August 22, 2019
Court: US District Court for the District of Colorado
Presiding Judge: Scott T Varholak
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 21, 2019 Filing 27 Proposed Scheduling Order by Defendant Allstate Fire & Casualty Insurance. (Henkel, Kurt)
October 8, 2019 Opinion or Order Filing 26 MINUTE ORDER. In light of #24 Notice of Dismissal of Party, 25 Order on Motion to Dismiss for Failure to State a Claim, the Status Conference set for 10/28/2019 10:00 AM is VACATED and RESET as a Scheduling Conference on 10/28/2019 10:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties shall file a joint proposed scheduling order on or before 10/21/2019. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/8/2019. Text Only Entry (stvlc2, )
October 8, 2019 Opinion or Order Filing 25 ORDER denying #15 Motion to Dismiss for Failure to State a Claim as moot, in light of #24 Notice of Voluntary Dismissal of Party. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/8/2019. Text Only Entry(stvlc2, )
October 8, 2019 Filing 24 NOTICE of Voluntary Dismissal of Party Defendant Brittney Montoya Pursuant to Fed.R.Civ.P. 41(a)(1) by Plaintiff Jacqueline Haynes (Levy, Marc)
October 4, 2019 Opinion or Order Filing 23 ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge #18 , this case is referred to Magistrate Judge Scott T. Varholak for all purposes pursuant to 28 U.S.C. 636(c) by Chief Judge Philip A. Brimmer on 10/4/19. Text Only Entry (pabsec)
October 4, 2019 Opinion or Order Filing 22 ORDER granting #21 Motion for Order. The #20 Reply to Response to #12 Motion to Dismiss is accepted as timely filed. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/4/2019. Text Only Entry(stvlc2, )
October 4, 2019 Filing 21 MOTION for Order to File Motion Out of Time by Defendant Allstate Fire & Casualty Insurance. (Taylor, Winslow)
October 4, 2019 Filing 20 REPLY to Response to #12 MOTION to Dismiss for Failure to State a Claim filed by Defendant Allstate Fire & Casualty Insurance. (Attachments: #1 Exhibit Exhibit E, #2 Exhibit Exhibit F)(Henkel, Kurt) Modified on 10/4/2019 to correct linkage (jgonz, ).
October 4, 2019 Opinion or Order Filing 19 MINUTE ORDER. Status Conference set for 10/28/2019 10:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/4/2019. Text Only Entry (stvlc2, )
October 3, 2019 Filing 18 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Jacqueline Haynes All parties consent.. (Attachments: #1 Exhibit 1)(Levy, Marc)
September 19, 2019 Filing 17 RESPONSE to #12 MOTION to Dismiss for Failure to State a Claim or in the alternative, Motion to Strike PLAINTIFFS RESPONSE TO DEFENDANT ALLSTATES MOTION TO DISMISS OR ALTERNATIVELY MOTION TO STRIKE PURSUANT TO F.R.C.P. 12 filed by Plaintiff Jacqueline Haynes. (Attachments: #1 Exhibit Exhibit 1)(Levy, Marc)
September 18, 2019 Filing 16 Exhibits in Support of #15 MOTION to Dismiss for Failure to State a Claim Exhibit B by Defendants Allstate Fire & Casualty Insurance, Brittney Montoya. (Henkel, Kurt)
September 17, 2019 Filing 15 MOTION to Dismiss for Failure to State a Claim by Defendant Brittney Montoya. (Attachments: #1 Exhibit A, #2 Exhibit C)(Henkel, Kurt)
August 30, 2019 Opinion or Order Filing 14 MINUTE ORDER. In light of #12 MOTION to Dismiss for Failure to State a Claim or in the alternative, Motion to Strike, the parties shall file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form on or before 10/3/2019. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/30/2019. Text Only Entry (stvlc2, )
August 30, 2019 Filing 13 SUMMONS Returned Executed by Jacqueline Haynes. Brittney Montoya served on 8/27/2019, answer due 9/17/2019. (LaCrue, DezaRae)
August 29, 2019 Filing 12 MOTION to Dismiss for Failure to State a Claim or in the alternative, Motion to Strike by Defendant Allstate Fire & Casualty Insurance. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Henkel, Kurt)
August 27, 2019 Filing 11 NOTICE of Entry of Appearance by DezaRae D. LaCrue on behalf of Jacqueline HaynesAttorney DezaRae D. LaCrue added to party Jacqueline Haynes(pty:pla) (LaCrue, DezaRae)
August 26, 2019 Filing 10 NOTICE of Entry of Appearance - Matthew W. Hall by Matthew Wesley Hall on behalf of Jacqueline HaynesAttorney Matthew Wesley Hall added to party Jacqueline Haynes(pty:pla) (Hall, Matthew)
August 26, 2019 Filing 9 NOTICE of Entry of Appearance - Marc R. Levy by Marc Robert Levy on behalf of Jacqueline HaynesAttorney Marc Robert Levy added to party Jacqueline Haynes(pty:pla) (Levy, Marc)
August 22, 2019 Filing 8 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (cmadr, )
August 22, 2019 Filing 7 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (cmadr, )
August 22, 2019 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. (cmadr, )
August 22, 2019 Filing 5 AFFIDAVIT of Service of Summons and Complaint upon Brittney Montoya on 5 August, 2019 (cmadr, )
August 22, 2019 Filing 4 AFFIDAVIT of Service of Summones and Complaint upon Allstate Fire & Casualty Insurance on 1 August, 2019 (cmadr, )
August 22, 2019 Filing 3 COMPLAINT for Damages and Jury Demand against Brittney Montoya, filed by Jacqueline Haynes.(cmadr, )
August 22, 2019 Filing 2 NOTICE of Entry of Appearance by Winslow Russell Taylor, III on behalf of Allstate Fire & Casualty Insurance Company, Brittney MontoyaAttorney Winslow Russell Taylor, III added to party Allstate Fire & Casualty Insurance Company(pty:dft), Attorney Winslow Russell Taylor, III added to party Brittney Montoya(pty:dft) (Taylor, Winslow)
August 22, 2019 Filing 1 NOTICE OF REMOVAL by Allstate Fire & Casualty Insurance Company, Brittney Montoya from Adams County District Court, Case Number 2019CV31196. (Filing fee $ 400, Receipt Number 1082-6858725), filed by Allstate Fire & Casualty Insurance Company, Brittney Montoya. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Civil Case Cover Sheet, #4 Exhibit D - Montoya Affidavit, #5 Exhibit E - Affidavit of Service on Allstate, #6 Exhibit F - Affidavit of Service on Brittney Montoya, #7 Civil Cover Sheet USDC)(Henkel, Kurt)

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Defendant: Brittney Montoya
Represented By: Kurt Hans Henkel
Represented By: Winslow Russell Taylor, III
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Defendant: Allstate Fire & Casualty Insurance Company
Represented By: Kurt Hans Henkel
Represented By: Winslow Russell Taylor, III
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Defendant: Allstate Fire & Casualty Insurance
Represented By: Kurt Hans Henkel
Represented By: Winslow Russell Taylor, III
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Plaintiff: Jacqueline Haynes
Represented By: Marc Robert Levy
Represented By: Matthew Wesley Hall
Represented By: DezaRae D. LaCrue
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