Burke et al v. Austin et al
| Pinnacol Assurance and Brandon Burke |
| Milton Cruz, K&B Transportation, Inc., Crete Carrier Corporation, Inc., Mark Austin and Crete Carrier Corporation, Inc. a Nebraska Corporation doing business as Shaffer Trucking |
| 1:2019cv03364 |
| November 27, 2019 |
| US District Court for the District of Colorado |
| Gordon P Gallagher |
| Raymond P Moore |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on January 23, 2020. A more recent docket listing may be available from PACER.
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| Filing 38 ANSWER to Complaint by Brandon Burke.(Schneider, Laurence) |
| Filing 37 NOTICE of Entry of Appearance by Robert Buckner Hall, III on behalf of Milton CruzAttorney Robert Buckner Hall, III added to party Milton Cruz(pty:dft) (Hall, Robert) |
| Filing 36 NOTICE of Entry of Appearance by Robert James Zavaglia, Jr on behalf of Milton CruzAttorney Robert James Zavaglia, Jr added to party Milton Cruz(pty:dft) (Zavaglia, Robert) |
| Filing 35 SUMMONS Returned Executed by All Plaintiffs. Milton Cruz served on 1/20/2020, answer due 2/10/2020. (Schneider, Laurence) |
Filing 34
ORDER: Due to a conflict on the Court's calendar, the 2/25/2020 Scheduling Conference is vacated and is re-set for 3/2/2020 09:00 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher.A Scheduling Conference is set in GRAND JUNCTION, Colorado at the Wayne Aspinall Federal Building - United States Courthouse, 400 Rood Avenue, Grand Junction, CO 81501 before U.S. Magistrate Judge Gordon P. Gallagher. The parties shall comply with the Instructions to Scheduling Order for U.S. Magistrate Judge Gordon P. Gallagher which can be found at www.cod.uscourts.gov. Parties concerned regarding travel time and expense to Grand Junction for appearances before the Magistrate Judge are referred to this Magistrate Judge's policy in that regard which can be found at the above website. By Magistrate Judge Gordon P. Gallagher on January 15, 2020. Text Only Entry (gpgsec, )
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| Filing 33 CORPORATE DISCLOSURE STATEMENT. (Hall, Robert) |
| Filing 32 ANSWER to #6 Complaint in Intervention by Crete Carrier Corporation, Inc..(Hall, Robert) |
| Filing 31 ANSWER to #6 Complaint by Mark Austin, K&B Transportation, Inc..(Rozelsky, Kurt) |
| Filing 30 ANSWER to #4 Complaint by Mark Austin, K&B Transportation, Inc..(Rozelsky, Kurt) |
| Filing 29 ANSWER to #4 Complaint , COUNTERCLAIM against Brandon Burke by Crete Carrier Corporation, Inc..(Zavaglia, Robert) |
| Filing 28 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #27 Notice of Entry of Appearance filed by attorney Leonard R. Higdon. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. Every pleading, written motion, and other paper requiring a signature must include a signature block with the filers name preceded by an s/ or /s/ and typed in the space where the signature would otherwise appear. (Text Only Entry) (rvill, ) |
| Filing 27 NOTICE of Entry of Appearance by Leonard Ray Higdon on behalf of Brandon BurkeAttorney Leonard Ray Higdon added to party Brandon Burke(pty:pla) (Higdon, Leonard) |
| Filing 26 NOTICE of Entry of Appearance by Robert Buckner Hall, III on behalf of Crete Carrier Corporation, Inc.Attorney Robert Buckner Hall, III added to party Crete Carrier Corporation, Inc.(pty:dft) (Hall, Robert) |
| Filing 25 NOTICE of Entry of Appearance by Robert James Zavaglia, Jr on behalf of Crete Carrier Corporation, Inc.Attorney Robert James Zavaglia, Jr added to party Crete Carrier Corporation, Inc.(pty:dft) (Zavaglia, Robert) |
| Filing 24 NOTICE of Entry of Appearance by Morgan Leigh Cali on behalf of Pinnacol AssuranceAttorney Morgan Leigh Cali added to party Pinnacol Assurance(pty:pla) (Cali, Morgan) |
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Filing 23
ORDER: Scheduling Conference re-set for 2/25/2020 09:00 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. By Magistrate Judge Gordon P. Gallagher on December 11, 2019. Text Only Entry (gpgsec )
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Filing 22
ORDER granting #20 Motion to Vacate Scheduling Conference currently set for 1/21/2020. A Telephone Setting Conference is hereby set for 12/11/2019 10:45 AM in Room 323 (Grand Junction) for the parties to jointly call Gallagher Chambers for the purposes of resetting the Scheduling Conference. Please coordinate so that all parties who wish to participate in resetting the Scheduling Conference are on one line at the time the call is placed to Gallagher Chambers at 970-241-8932. By Magistrate Judge Gordon P. Gallagher on December 10, 2019. Text Only Entry(gpgsec, )
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| Filing 21 MEMORANDUM regarding #20 Unopposed MOTION to Vacate and Reset Scheduling Conference filed by Pinnacol Assurance. Motion referred to Magistrate Judge Gordon P. Gallagher. Entered by Judge Raymond P. Moore on 12/9/2019. (Text Only Entry) (rmsec ) |
| Filing 20 Unopposed MOTION to Vacate and Reset Scheduling Conference by Plaintiff Pinnacol Assurance. (Derwinski, Anthony) |
| Filing 19 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #18 Notice of Entry of Appearance filed by attorney Laurence Michael Schneider. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. Every pleading, written motion, and other paper requiring a signature must include a signature block with the filers name preceded by an s/ or /s/ and typed in the space where the signature would otherwise appear. (Text Only Entry) (rvill, ) |
| Filing 18 NOTICE of Entry of Appearance by Laurence Michael Schneider on behalf of Brandon BurkeAttorney Laurence Michael Schneider added to party Brandon Burke(pty:pla) (Schneider, Laurence) |
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Filing 17
ORDER, Set/Reset Hearings: Scheduling Conference set for 1/21/2020 10:00 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. A Scheduling Conference is set in GRAND JUNCTION, Colorado at the Wayne Aspinall Federal Building - United States Courthouse, 400 Rood Avenue, Grand Junction, CO 81501 before U.S. Magistrate Judge Gordon P. Gallagher. The parties shall comply with the Instructions to Scheduling Order for U.S. Magistrate Judge Gordon P. Gallagher which can be found at www.cod.uscourts.gov. Parties concerned regarding travel time and expense to Grand Junction for appearances before the Magistrate Judge are referred to this Magistrate Judge's policy in that regard which can be found at the above website. By Magistrate Judge Gordon P. Gallagher on December 3, 2019. Text Only Entry (gpgsec )
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Filing 16
ORDER REASSIGNING MAGISTRATE JUDGE. This matter has its factual nexus in Eagle County. According to the Court's Revised Jury Plan for Random Jury Selection, this case is therefore properly designated for Jury Division 3. 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-3364-RM-GPG. By Judge Raymond P. Moore on 12/03/2019. (rvill, )
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| Filing 15 CORPORATE DISCLOSURE STATEMENT. (Rozelsky, Kurt) |
| Filing 14 NOTICE of Entry of Appearance by Anthony E. Derwinski on behalf of Pinnacol AssuranceAttorney Anthony E. Derwinski added to party Pinnacol Assurance(pty:pla) (Derwinski, Anthony) |
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Filing 13
MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 12/2/2019. (Text Only Entry) (rmsec )
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Filing 12
ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Entered by Judge Raymond P. Moore on 12/2/2019. (Text Only Entry) (rmsec )
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| Filing 11 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (cmadr, ) |
| Filing 10 Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry. (cmadr, ) |
| Filing 9 Filing fee: $ 400.00, receipt number COX092983. (rsams, ) |
| Filing 8 Administrative Notice: No filing fee received with case opening. Attorney contacted with instructions to submit filing fee within 3 hours. (Text Only Entry) (cmadr, ) |
| Filing 3 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #1 Notice of Removal filed by attorney Kurt Matthew Rozelsky. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (cmadr, ) |
| Filing 7 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 6 COMPLAINT in Intervention against Mark Austin, Crete Carrier Corporation, Inc., Milton Cruz, K&B Transportation, Inc., filed by Pinnacol Assurance.(cmadr, ) |
| Filing 5 STATE COURT ORDER Granting Unopposed Motion to Intervene, signed by Eagle County Court Judge Russell Granger on 29 October, 2019. (cmadr, ) |
| Filing 4 COMPLAINT and Jury Demand against Mark Austin, Crete Carrier Corporation, Inc., Milton Cruz, K&B Transportation, Inc., filed by Brandon Burke.(cmadr, ) |
| Filing 2 NOTICE of Entry of Appearance by Chuan Cheng on behalf of Mark Austin, K&B Transportation, Inc.Attorney Chuan Cheng added to party Mark Austin(pty:dft), Attorney Chuan Cheng added to party K&B Transportation, Inc.(pty:dft) (Cheng, Chuan) |
| Filing 1 NOTICE OF REMOVAL by K&B Transportation, Inc., Mark Austin from Eagle County District Court, Case Number 2019CV30246. (Filing fee $ 400)., filed by K&B Transportation, Inc., Mark Austin. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - State Court Cover, #3 Exhibit C - State Court Docket, #4 Exhibit C1- 10-29-19 Order, #5 Exhibit C2 - Delay Reduction Order, #6 Exhibit C3 - Motion to Intervene, #7 Exhibit C4 - Entry of Appearance, #8 Exhibit C5 - Order Granting Motion, #9 Exhibit D - Notice, #10 Civil Cover Sheet)(Rozelsky, Kurt) |
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