Sherpa v. California Casualty Indemnity Exchange
Plaintiff: MARY SHERPA
Defendant: California Casualty Indemnity Exchange
Case Number: 1:2019cv03527
Filed: December 13, 2019
Court: US District Court for the District of Colorado
Presiding Judge: William J Martinez
Referring Judge: Kathleen M Tafoya
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441 bc
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on February 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 10, 2020 Opinion or Order Filing 23 MINUTE ORDER: Due to a medical issue, the Scheduling Conference set for 2/19/2020 is vacated. No later than 2/12/2020, the parties shall initiate a conference call and contact chambers, 719-575-0328, to reset the Scheduling Conference. By Magistrate Judge Kathleen M. Tafoya on 2/10/2020. Text Only Entry (kmtlc1 )
January 29, 2020 Filing 22 Proposed Scheduling Order by Defendant California Casualty Indemnity Exchange. (Helling, Steven)
January 27, 2020 Filing 21 NOTICE OF CONSTITUTIONAL QUESTION by Defendant California Casualty Indemnity Exchange (Helling, Steven)
January 15, 2020 Opinion or Order Filing 20 AMENDED ORDER Setting Scheduling Conference for 2/19/2020 10:15 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. by Magistrate Judge Kathleen M. Tafoya on 1/15/2020. (ksena)
January 15, 2020 Opinion or Order Filing 19 MINUTE ORDER granting #17 Motion to Reset Scheduling Conference. The Scheduling Conference set for 1/27/2020 is vacated, to be reset by separate order. By Magistrate Judge Kathleen M. Tafoya on 1/15/20. Text Only Entry(kmtlc1 )
January 15, 2020 Filing 18 MEMORANDUM regarding #17 Unopposed MOTION to Reset SCHEDULING HEARING filed by California Casualty Indemnity Exchange. Motions referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 1/15/2020. Text Only Entry (wjmsec, )
January 15, 2020 Filing 17 Unopposed MOTION to Reset SCHEDULING HEARING by Defendant California Casualty Indemnity Exchange. (Helling, Steven)
January 8, 2020 Filing 16 NOTICE of Entry of Appearance by Steven Ross Helling on behalf of California Casualty Indemnity ExchangeAttorney Steven Ross Helling added to party California Casualty Indemnity Exchange(pty:dft) (Helling, Steven)
December 31, 2019 Opinion or Order Filing 15 ORDER: Before the Court is Plaintiff's Opposed Motion to Remand Case to State District Court #14 . Plaintiff's argument rests on the notion that Defendant does not believe the case is worth more than $75,000. But the defendant's view of the plaintiff's likely recovery is not the standard. The question is whether it is "legally certain" that less than $75,000 is at stake. McPhail v. Deere & Co., 529 F.3d 947, 954 (10th Cir. 2008). Here, Plaintiff does not deny Defendant's assertion that Plaintiff is seeking coverage in the amount of at least $43,406. Moreover, Plaintiff has pleaded a claim for unreasonable delay or denial of insurance benefits under Colorado Revised Statutes 10-3-1116. If successful, that claim would entitle Plaintiff to two times the covered benefit (an additional $86,812) and attorneys' fees. See Miera v. Dairyland Ins. Co., 143 F.3d 1337, 1340 (10th Cir. 1998) (when evaluating a challenge to the jurisdictional threshold amount, the Court may consider the plaintiff's potential entitlement to prevailing party attorneys' fees). Accordingly, on the arguments presented, it is far from "legally certain" that less than $75,000 is at stake. Plaintiff's motion is therefore DENIED. SO ORDERED by Judge William J. Martinez on 12/31/2019. Text Only Entry (wjmlc1)
December 30, 2019 Filing 14 First MOTION to Remand Case to State District Court (Opposed) by Plaintiff Mary Sherpa. (Meester, Patricia)
December 23, 2019 Opinion or Order Filing 13 ORDER Setting Scheduling Conference for 1/27/2020 11:15 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. by Magistrate Judge Kathleen M. Tafoya on 12/23/2019. (ksena)
December 19, 2019 Opinion or Order Filing 12 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, 2019 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 12 /19/2019. Text Only Entry (wjmsec, )
December 19, 2019 Opinion or Order Filing 11 ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya. Magistrate Judge Tafoya, 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 12/19/2019. Text Only Entry (wjmsec, )
December 17, 2019 Filing 10 CONSENT to Jurisdiction of Magistrate Judge by Defendant California Casualty Indemnity Exchange All parties do not consent.. (Dewhirst, Miles)
December 16, 2019 Filing 9 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-3527-WJM (angar, )
December 16, 2019 Filing 8 NOTICE of Entry of Appearance of Patricia A. Meester by Patricia A. Meester on behalf of Mary SherpaAttorney Patricia A. Meester added to party Mary Sherpa(pty:pla) (Meester, Patricia)
December 13, 2019 Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (alave, )
December 13, 2019 Filing 6 ANSWER to Complaint by California Casualty Indemnity Exchange.(alave, )
December 13, 2019 Filing 5 AFFIDAVIT/RETURN of Service of Civil Summons and Civil Complaint upon California Casualty Indemnity on 11/22/2019. (alave, )
December 13, 2019 Filing 4 COMPLAINT against California Casualty Indemnity Exchange, filed by Mary Sherpa.(alave, )
December 13, 2019 Filing 3 Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (alave, )
December 13, 2019 Filing 2 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) (alave, )
December 13, 2019 Filing 1 NOTICE OF REMOVAL by California Casualty Indemnity Exchange from CITY AND COUNTY OF EL PASO, Case Number 2019-CV-32633. (Filing fee $ 400, Receipt Number 1082-7045338), filed by California Casualty Indemnity Exchange. (Attachments: #1 Exhibit REGISTRAR OF ACTION, #2 Exhibit COMPLAINT STATE COURT, #3 Exhibit CIVIL COVER SHEET STATE, #4 Exhibit SUMMONS STATE COURT, #5 Exhibit RETURN OF SERVICE STATE, #6 Civil Cover Sheet FEDERAL CIVIL COVER SHEET, #7 ANSWER FEDERAL COURT)(Dewhirst, Miles)

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Defendant: California Casualty Indemnity Exchange
Represented By: Miles Milton Dewhirst
Represented By: Steven Ross Helling
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Plaintiff: MARY SHERPA
Represented By: Patricia A. Meester
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