Torres v. Allstate Fire and Casualty Insurance Company
| Lazaro Torres |
| Allstate Fire and Casualty Insurance Company |
| 1:2019cv02592 |
| September 12, 2019 |
| US District Court for the District of Colorado |
| R Brooke Jackson |
| Insurance |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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Filing 19
ORDER granting #9 MOTION to Strike 3 Complaint Pursuant to F.R.C.P. 12(f). Having reviewed the motion, response and reply, the Court strikes the Complaint as non-compliant with Rule 8(a)(2) of the Federal Rules of Civil Procedure. Plaintiff is required to allege facts that, if true, would plausibly support his claims. Here, however, it appears to the Court that the plaintiff jumped the gun and filed a contract and bad faith claim before the defendant had a reasonable opportunity to evaluate the claim. More concerning, however, the complaint appears to be created largely from a cookie-cutter template which sets forth this counsels or law firms disagreements with the manner in which they believe Allstate evaluates claims rather than anything specific to how Allstate evaluated this specific underinsured motorist claim. To the extent that the details of how Allstate evaluated Mr. Torres claim are unknown to plaintiff, the solution is to file a complaint based on the facts and claims as to which the plaintiff has a good faith basis in fact and law at the time; then to use such tools as disclosures and discovery to obtain additional relevant information; and to amend the complaint to include claims and supporting facts as to which counsel then has a good faith basis. This Court will liberally allow amendments to pleadings where there is good cause, and good cause typically includes subsequently discovered facts and legal theories. By Judge R. Brooke Jackson on 10/31/19. Text Only Entry(rbjsec. )
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| Filing 18 REPLY to Response to #9 MOTION to Strike #3 Complaint Pursuant to F.R.C.P. 12(f) filed by Defendant Allstate Fire and Casualty Insurance Company. (Attachments: #1 Exhibit A-Amended Complaint)(Wagner, Rebecca) |
| Filing 17 RESPONSE to #9 MOTION to Strike #3 Complaint Pursuant to F.R.C.P. 12(f) filed by Plaintiff Lazaro Torres. (LaCrue, DezaRae) |
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Filing 16
MINUTE ORDER: A Scheduling Conference is set for 12/18/2019 at 9:30 AM in Courtroom A 902 before Judge R. Brooke Jackson. By Judge R. Brooke Jackson on 10/10/19. Text Only Entry (rbjsec. )
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Filing 15
ORDER TO SET SCHEDULING CONFERENCE: This matter comes before the Court sua sponte. In light of the decline of consent to a magistrate judge by one or more of the parties in this case and its reassignment to this Court, the Scheduling Conference set October 17, 2019 before Magistrate Judge Michael E. Hegarty is VACATED. The parties are ordered to set an initial scheduling conference in this Court (with Judge Jackson) pursuant to Fed. R. Civ. P. 16(b) and D.C.COLO.LCivR 16.1. The parties are directed to jointly contact Chambers by telephone at (303) 844-4694 or by email at Jackson_Chambers@cod.uscourts.gov to obtain a scheduling conference date within 14 days of the date of this order. By Judge R. Brooke Jackson on 9/27/19. (rbjsec. )
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| Filing 14 CASE REASSIGNED pursuant to #12 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 19-cv-02592-RBJ. (Text Only Entry) (tsher, ) |
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Filing 13
MINUTE ORDER re: #12 Consent to Jurisdiction of Magistrate Judge filed by Allstate Fire and Casualty Insurance Company by Magistrate Judge Michael E. Hegarty on 9/26/2019. Parties do not consent. The Court directs the Clerk of the Court to reassign this case under D.C. Colo. LCivR 40.1(a). (tsher, )
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| Filing 12 CONSENT to Jurisdiction of Magistrate Judge by Defendant Allstate Fire and Casualty Insurance Company All parties do not consent.. (Wagner, Rebecca) |
| Filing 11 NOTICE of Entry of Appearance by Jennifer Torres on behalf of Lazaro TorresAttorney Jennifer Torres added to party Lazaro Torres(pty:pla) (Torres, Jennifer) |
| Filing 10 NOTICE of Entry of Appearance by DezaRae D. LaCrue on behalf of Lazaro TorresAttorney DezaRae D. LaCrue added to party Lazaro Torres(pty:pla) (LaCrue, DezaRae) |
| Filing 9 MOTION to Strike #3 Complaint Pursuant to F.R.C.P. 12(f) by Defendant Allstate Fire and Casualty Insurance Company. (Wagner, Rebecca) |
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Filing 8
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 9/13/2019. Consent Form due by 9/27/2019. Scheduling Conference set for 10/17/2019 11:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (tsher, )
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| Filing 7 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (cmadr, ) |
| Filing 6 Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry. (cmadr, ) |
| Filing 5 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. (Text Only Entry) (cmadr, ) |
| Filing 4 AFFIDAVIT of Service of Summons, Complaint upon Allstate Fire and Casualty Insurance Company on 22 August, 2019 (cmadr, ) |
| Filing 3 COMPLAINT for Damages against Allstate Fire and Casualty Insurance Company, filed by Lazaro Torres.(cmadr, ) |
| Filing 2 NOTICE of Entry of Appearance by Rebecca Kirsten Wagner on behalf of Allstate Fire and Casualty Insurance CompanyAttorney Rebecca Kirsten Wagner added to party Allstate Fire and Casualty Insurance Company(pty:dft) (Wagner, Rebecca) |
| Filing 1 NOTICE OF REMOVAL by Allstate Fire and Casualty Insurance Company from Boulder County District Court, Case Number 2019CV30797. (Filing fee $ 400, Receipt Number 1082-6890370), filed by Allstate Fire and Casualty Insurance Company. (Attachments: #1 Exhibit A-State Court Complaint, #2 Exhibit A-State Court Summons, #3 Exhibit A-State Court Civil Case Cover Sheet, #4 Exhibit A-State Court Affidavit of Service, #5 Exhibit B-Voter Registration, #6 Exhibit C-Accident Report, #7 Exhibit D-Allstate Corporation File Detail Report, #8 State Court Register of Actions, #9 Disclosure Statement, #10 Civil Cover Sheet, #11 Supplemental Civil Cover Sheet)(Bell, Devon) |
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| Plaintiff: Lazaro Torres | |
| Represented By: | Jennifer Torres |
| Represented By: | DezaRae D. LaCrue |
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| Defendant: Allstate Fire and Casualty Insurance Company | |
| Represented By: | Rebecca Kirsten Wagner |
| Represented By: | Devon D. A. Bell |
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