Dowgiallo v. Allstate Insurance Company
Plaintiff: Daniel Dowgiallo
Defendant: Allstate Insurance Company
Case Number: 1:2019cv03035
Filed: October 23, 2019
Court: US District Court for the District of Colorado
Presiding Judge: Kathleen M Tafoya
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on March 11, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 2, 2019 Opinion or Order Filing 30 REPLY to Response to #23 Amended MOTION to Remand to State Court , #21 MOTION to Remand to State Court filed by Plaintiff Daniel Dowgiallo. (Attachments: #1 Exhibit 1)(Kay, Daniel)
November 25, 2019 Opinion or Order Filing 29 RESPONSE to #23 Amended MOTION to Remand to State Court filed by Defendant Allstate Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Taylor, Winslow)
November 18, 2019 Opinion or Order Filing 28 REPLY to Response to #17 Partial MOTION to Dismiss filed by Defendant Allstate Insurance Company. (Attachments: #1 Exhibit B)(Henkel, Kurt)
November 18, 2019 Opinion or Order Filing 27 MINUTE ORDER: The 26 Minute Order setting a deadline for the parties to file their consent form is VACATED. By Magistrate Judge Kathleen M. Tafoya on 11/18/19. Text Only Entry (kmtlc1 )
November 18, 2019 Opinion or Order Filing 26 MINUTE ORDER: No later than 11/22/2019, the parties shall complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction indicating either unanimous consent of the parties or that consent has been declined. By Magistrate Judge Kathleen M. Tafoya on 11/18/19. Text Only Entry (kmtlc1 )
November 15, 2019 Opinion or Order Filing 25 RESPONSE TO ORDER TO SHOW CAUSE re 19 by Defendant Allstate Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-7, #9 Exhibit B, #10 Exhibit C)(Taylor, Winslow)
November 5, 2019 Opinion or Order Filing 24 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 Kathleen M. Tafoya for all purposes pursuant to 28 U.S.C. 636(c) by Chief Judge Philip A. Brimmer on 11/5/19. Text Only Entry (pabsec)
November 4, 2019 Opinion or Order Filing 23 Amended MOTION to Remand to State Court by Plaintiff Daniel Dowgiallo. (Attachments: #1 Exhibit Exhibit 1 Cover Sheet, #2 Exhibit Exhibit 2 Motion for Default, #3 Exhibit Exhibit 3 Return of Service, #4 Exhibit Exhibit 4 Allstate 9-16-19 c heck)(Kay, Daniel)
November 4, 2019 Opinion or Order Filing 22 MINUTE ORDER denying without prejudice #21 Motion to Remand to State Court. Plaintiff's counsel has failed to comply with D.C.COLO.LCivR 7.1(a). By Magistrate Judge Kathleen M. Tafoya on 11/4/19. Text Only Entry(kmtlc1 )
November 4, 2019 Opinion or Order Filing 21 MOTION to Remand to State Court by Plaintiff Daniel Dowgiallo. (Attachments: #1 Exhibit Civil Cover Sheet, #2 Exhibit Motion for Default Judgment, #3 Exhibit Return of Service, #4 Exhibit Allstate 9-16-19 check)(Kay, Daniel)
November 4, 2019 Opinion or Order Filing 20 RESPONSE to #15 Partial MOTION to Dismiss , #17 Partial MOTION to Dismiss filed by Plaintiff Daniel Dowgiallo. (Attachments: #1 Exhibit Exhibit 1 7-9-19 letter to adjuster, #2 Exhibit Exhibit 2 Dr Abercrombie report, #3 Exhibit Exhibit 3 Allstate $1000 check, #4 Exhibit Exhibit 4 Allstate $1500 check)(Kay, Daniel)
November 4, 2019 Opinion or Order Filing 19 ORDER TO SHOW CAUSE: The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). Defendant 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). Defendant states that "if Plaintiff proves his damages are equal to or exceed the $100,000 policy limits, proves he is entitled to benefits under the policy, and proves those benefits were unreasonably delayed and denied, he is entitled to collect the policy limits of $100,000, plus two times the covered benefit, equaling a total of $300,000, plus attorney fees" and that the "amount [Plaintiff] will request in attorney fees is certain to exceed $75,000." (Doc. No. 1, 13-14); however, Plaintiff's Complaint lacks factual allegations that plausibly allege that the amount in controversy exceeds $75,000. See 28 U.S.C. 1332(a). Moreover, though a defendant may support its removal notice by reference to a plaintiff's check mark on the Colorado civil cover sheet, Paros Properties LLC v. Colorado Cas. Ins. Co., 835 F.3d 1264, 1272 (10th Cir. 2016) (citations omitted), in this case the plaintiff specifically did not check the box indicating that her suit seeks more than $100,000. Accordingly, Defendant is ORDERED TO SHOW CAUSE in writing, by November 15, 2019, as to why the Court should not remand this case to the El Paso County Court for lack of diversity jurisdiction over this matter. By Magistrate Judge Kathleen M. Tafoya on 11/4/19. Text Only Entry (kmtlc1 )
November 1, 2019 Opinion or Order Filing 18 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Daniel Dowgiallo All parties consent.. (Kay, Daniel)
October 30, 2019 Opinion or Order Filing 17 Partial MOTION to Dismiss by Defendant Allstate Insurance Company. (Attachments: #1 Exhibit Exhibit A - Order)(Henkel, Kurt)
October 30, 2019 Opinion or Order Filing 16 AMENDED ANSWER to #6 Complaint with Jury Demand by Defendant Allstate Insurance Company. (Henkel, Kurt)
October 30, 2019 Opinion or Order Filing 15 Partial MOTION to Dismiss by Defendant Allstate Insurance Company. (Attachments: #1 Exhibit Exhibit A - Order)(Taylor, Winslow) Modified on 11/1/2019 to term motion. Refiled at ECF #17 (jgonz, ).
October 30, 2019 Opinion or Order Filing 14 ANSWER to #6 Complaint by Allstate Insurance Company.(Taylor, Winslow)
October 28, 2019 Opinion or Order Filing 13 MINUTE ORDER: No later than 11/1/2019, the parties shall complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction indicating either unanimous consent of the parties or that consent has been declined. By Magistrate Judge Kathleen M. Tafoya on 10/28/19. Text Only Entry (kmtlc1 )
October 25, 2019 Opinion or Order Filing 12 OBJECTIONS to #1 Notice of Removal, by Plaintiff Daniel Dowgiallo. (Attachments: #1 Exhibit Exhibit 1 Cover Sheet, #2 Exhibit Exhibit 2 Motion for Default, #3 Exhibit Exhibit 3 Return of Service, #4 Exhibit Exhibit 4 Ltr from Ins Comm)(Kay, Daniel)
October 25, 2019 Opinion or Order Filing 11 NOTICE of Entry of Appearance by Daniel Geoffrey Kay on behalf of Daniel DowgialloAttorney Daniel Geoffrey Kay added to party Daniel Dowgiallo(pty:pla) (Kay, Daniel)
October 24, 2019 Opinion or Order Filing 10 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (angar, )
October 24, 2019 Opinion or Order Filing 9 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Magistrate Judge Kathleen M. Tafoya for all further proceedings. All future pleadings should be designated as 19-cv-3035-KMT (angar, )
October 23, 2019 Opinion or Order Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (rsams, )
October 23, 2019 Opinion or Order Filing 7 AFFIDAVIT/RETURN of Service of Summons and Complaint upon Allstate Insurance Company on September 20, 2019, filed by Plaintiff Daniel Dowgiallo (rsams, ) Modified on 10/24/2019 to correct docket entry (rsams, ).
October 23, 2019 Opinion or Order Filing 6 COMPLAINT against Allstate Insurance Company, filed by Daniel Dowgiallo.(rsams, )
October 23, 2019 Opinion or Order Filing 5 Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (rsams, )
October 23, 2019 Opinion or Order 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. (Text Only Entry) (rsams, )
October 23, 2019 Opinion or Order Filing 3 NOTICE of Entry of Appearance by Winslow Russell Taylor, III on behalf of Allstate Insurance CompanyAttorney Winslow Russell Taylor, III added to party Allstate Insurance Company(pty:dft) (Taylor, Winslow)
October 23, 2019 Opinion or Order Filing 2 Exhibits in Support of #1 Notice of Removal, Civil Case Cover Sheet by Defendant Allstate Insurance Company. (Henkel, Kurt)
October 23, 2019 Opinion or Order Filing 1 NOTICE OF REMOVAL by Allstate Insurance Company from El Paso County District Court, Case Number 2019CV032136. (Filing fee $ 400, Receipt Number 1082-6960693), filed by Allstate Insurance Company. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - State Court Cover Sheet, #4 Exhibit D - Return of Service, #5 Exhibit E - Transmittal Letter from DOI, #6 Exhibit F - Motion for Default)(Henkel, Kurt)

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Defendant: Allstate Insurance Company
Represented By: Kurt Hans Henkel
Represented By: Winslow Russell Taylor, III
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Plaintiff: Daniel Dowgiallo
Represented By: Daniel Geoffrey Kay
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