Foremost Signature Insurance Company v. American Emergency Response & Recovery Company, LLC et al
| Foremost Signature Insurance Company |
| Joseph Lipsey III, Lillian Royer, India Cardomone, Jack Jungquist, William Laing, American Emergency Response & Recovery Company, LLC, Shira Lipsey, Joseph Lipsey IV, Joseph Lipsey, IV and Joseph Lipsey, III |
| 1:2020cv00299 |
| February 5, 2020 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| N Reid Neureiter |
| Insurance |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on June 25, 2020. A more recent docket listing may be available from PACER.
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Filing 57
ORDER by Chief Judge Philip A. Brimmer on 6/25/2020. ORDERED that this case is DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction. (sphil, )
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| Filing 56 RESPONSE TO ORDER TO SHOW CAUSE re #51 by Plaintiff Foremost Signature Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Stafford, Elaine) |
| Filing 55 REPLY to #50 Brief in Opposition to Motion for Leave to File Second Amended Complaint by Plaintiff Foremost Signature Insurance Company. (Attachments: #1 Exhibit 1)(Stafford, Elaine) |
| Filing 54 RESPONSE to #41 Renewed MOTION to Dismiss Plaintiff's First Amended Complaint for Declaratory Judgment filed by Plaintiff Foremost Signature Insurance Company. (Stafford, Elaine) |
| Filing 53 RESPONSE to #46 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Foremost Signature Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stafford, Elaine) |
| Filing 52 RESPONSE to #45 MOTION to Dismiss MOTION to Stay filed by Plaintiff Foremost Signature Insurance Company. (Attachments: #1 Exhibit A)(Stafford, Elaine) |
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Filing 51
SECOND ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 6/5/2020. ORDERED that, on or before June 22, 2020, plaintiff shall show cause why this case should not be dismissed due to the Courts lack of subject matter jurisdiction. (sphil, )
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| Filing 50 BRIEF in Opposition to #49 Unopposed MOTION for Leave to File Second Amended Complaint filed by Defendants American Emergency Response & Recovery Company, LLC, Joseph Lipsey, III, Joseph Lipsey, IV, Shira Lipsey. (Wagner, Avi) |
| Filing 49 Unopposed MOTION for Leave to File Second Amended Complaint by Plaintiff Foremost Signature Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit A to Exhibit 2, #4 Exhibit B to Exhibit 2, #5 Exhibit C to Exhibit 2, #6 Exhibit D to Exhibit 2, #7 Exhibit E to Exhibit 2, #8 Exhibit F to Exhibit 2, #9 Exhibit G to Exhibit 2, #10 Exhibit H to Exhibit 2, #11 Exhibit I to Exhibit 2, #12 Exhibit J to Exhibit 2)(Stafford, Elaine) |
| Filing 48 RESPONSE TO ORDER TO SHOW CAUSE re #33 by Plaintiff Foremost Signature Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Stafford, Elaine) |
| Filing 47 NOTICE of Entry of Appearance by Melissa Ann Wiese on behalf of Foremost Signature Insurance CompanyAttorney Melissa Ann Wiese added to party Foremost Signature Insurance Company(pty:pla) (Wiese, Melissa) |
| Filing 46 MOTION to Dismiss for Lack of Jurisdiction by Defendant Joseph Lipsey, III. (Attachments: #1 Affidavit of Joseph Lipsey III)(Wagner, Avi) |
| Filing 45 MOTION to Dismiss , MOTION to Stay by Defendants American Emergency Response & Recovery Company, LLC, Joseph Lipsey, IV, Shira Lipsey. (Wagner, Avi) |
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Filing 44
MINUTE ORDER by Chief Judge Philip A. Brimmer on 5/27/2020 re: #42 Motion to Dismiss and #43 Motion to Dismiss for Lack of Jurisdiction are STRICKEN for failure to comply with this Court's Practice Standards III.A ("All motions... shall not exceed fifteen pages," including "all... matters, except the certificate of service."). Defendants may refile compliant motions to dismiss on or before May 29, 2020. Text Only Entry (pabsec2)
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| Filing 43 STRICKEN MOTION to Dismiss for Lack of Jurisdiction by Defendant Joseph Lipsey, III. (Attachments: #1 Affidavit of Joseph Lipsey III)(Wagner, Avi) Modified on 5/27/2020 (pabsec2, ). Modified on 6/1/2020 to strike document pursuant to 44 Minute Order.(sphil, ). |
| Filing 42 STRICKEN MOTION to Dismiss , MOTION to Stay by Defendants American Emergency Response & Recovery Company, LLC, Joseph Lipsey, IV, Shira Lipsey. (Wagner, Avi) Modified on 5/27/2020 (pabsec2, ). Modified on 6/1/2020 to strike document pursuant to 44 Minute Order. (sphil, ). |
| Filing 41 Renewed MOTION to Dismiss Plaintiff's First Amended Complaint for Declaratory Judgment by Defendant Lillian Royer. (Attachments: #1 Exhibit Exhibit A)(Sears, Lance) |
| Filing 39 RESPONSE to #35 Minute Order, Regarding Redactions of Various Filed Documents by Plaintiff Foremost Signature Insurance Company. (Attachments: #1 Exhibit Docket No. 1, #2 Exhibit Docket No. 1.3, #3 Exhibit Docket No. 1.7, #4 Exhibit Docket No. 26-1, #5 Exhibit Docket No. 27, #6 Exhibit Docket No. 27-3, #7 Exhibit Docket No. 27-7, #8 Exhibit Docket No. 27-9, #9 Exhibit Docket No. 27-10, #10 Exhibit Docket No. 27-11)(Stafford, Elaine) |
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Filing 38
ORDER by Chief Judge Philip A. Brimmer on 5/21/2020 re: the parties' Stipulated Motion to Reschedule the Scheduling Conference Currently Set for May 28, 2020 [Docket No. #37 ] is DENIED AS MOOT. Magistrate Judge Neureiter vacated the scheduling conference earlier today. See Docket No. 36. The Court will not set a scheduling conference until the Order to Show Cause has been discharged. Text Only Entry(pabsec2)
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| Filing 37 Stipulated MOTION for Hearing/Conference re #18 Order on Motion for Hearing/Conference, to Reschedule Scheduling Conference by Plaintiff Foremost Signature Insurance Company. (Stafford, Elaine) |
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Filing 36
MINUTE ORDER by Magistrate Judge N. Reid Neureiter on 5/21/2020. The Scheduling Conference set for 5/28/2020 is VACATED. PLEASE READ ATTACHED MINUTE ORDER. (tsher, )
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Filing 35
MINUTE ORDER by Chief Judge Philip A. Brimmer on 5/18/2020. ORDERED that Docket Nos. 1, 1-3, 1-7, 26-1, 27, 27-3, 27-10, and 27-11 shall be restricted at Level One. ORDERED that, on or before 5:00 p.m. on June 5, 2020, the parties who originally filed each of the foregoing documents shall re-file without restriction each document with redactions that comply with Fed. R. Civ. P. 5.2(a). (sphil, )
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Filing 34
AMENDED ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 5/18/2020. ORDERED that, on or before June 5, 2020, plaintiff shall show cause as to why this case should not be dismissed due to the Court's lack of subject matter jurisdiction. (sphil, )
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Filing 33
DISREGARD - ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 5/18/2020. ORDERED that, on or before June 5, 2020, plaintiff shall show cause as to why this case should not be remanded to state court due to the Court's lack of subject matter jurisdiction. (sphil, ) Modified on 5/18/2020. see docket no. #34 Amended Order to show. (sphil, ).
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Filing 32
MINUTE ORDER by Magistrate Judge N. Reid Neureiter on 5/18/2020. The upcoming hearing in this matter shall be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. Text Only Entry. (slibi, )
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| Filing 31 NOTICE of Entry of Appearance by Damian Julian Arguello on behalf of American Emergency Response & Recovery Company, LLC, Joseph Lipsey, III, Joseph Lipsey, IV, Shira LipseyAttorney Damian Julian Arguello added to party American Emergency Response & Recovery Company, LLC(pty:dft), Attorney Damian Julian Arguello added to party Joseph Lipsey, III(pty:dft), Attorney Damian Julian Arguello added to party Joseph Lipsey, IV(pty:dft), Attorney Damian Julian Arguello added to party Shira Lipsey(pty:dft) (Arguello, Damian) |
| Filing 30 CASE REASSIGNED. All parties do not consent. This case is randomly reassigned to Chief Judge Philip A. Brimmer. All future pleadings should be designated as 20-cv-00299-PAB. (Text Only Entry) (slibi, ) |
| Filing 29 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Foremost Signature Insurance Company All parties do not consent.. (Stafford, Elaine) |
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Filing 28
MINUTE ORDER denying as moot #21 Motion to Dismiss and Motion to Stay; denying as moot #23 Motion to Dismiss and denying as moot #24 Motion to Dismiss for Lack of Jurisdiction by Magistrate Judge N. Reid Neureiter on 5/13/2020. PLEASE READ ATTACHED MINUTE ORDER. (tsher, )
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| Filing 27 AMENDED COMPLAINT for Declaratory Judgment against American Emergency Response & Recovery Company, LLC, India Cardomone, Jack Jungquist, William Laing, Joseph Lipsey, III, Joseph Lipsey, IV, Shira Lipsey, Lillian Royer, filed by Foremost Signature Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Stafford, Elaine) Modified on 5/18/2020 to level one restriction to documents [27, 27-3, 27-10, and 27-11] per #35 Minute Order. (sphil, ). |
| Filing 26 NOTICE of Filing Amended Pleading , First Amended Complaint by Plaintiff Foremost Signature Insurance Company (Attachments: #1 Exhibit 1)(Stafford, Elaine) Modified on 5/18/2020 to add level one restriction to document [26-1] per #35 Minute Order. (sphil, ). |
| Filing 25 ANSWER to #1 Complaint,,, by India Cardomone, William Laing.(Becnel, Kathryn) |
| Filing 24 MOTION to Dismiss for Lack of Jurisdiction by Defendant Joseph Lipsey, III. (Attachments: #1 Affidavit of Joseph Lipsey III)(Wagner, Avi) |
| Filing 23 MOTION to Dismiss by Defendant Lillian Royer. (Sears, Lance) |
| Filing 22 Defendant Jack Jungquist's ANSWER to #1 Complaint,,, for Declaratory Judgment by Jack Jungquist.(Scranton, Keith) |
| Filing 21 MOTION to Dismiss , MOTION to Stay by Defendants American Emergency Response & Recovery Company, LLC, Joseph Lipsey, IV, Shira Lipsey. (Wagner, Avi) |
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Filing 20
MINUTE ORDER granting #19 Motion for Extension of Time to Answer or Otherwise Respond by Magistrate Judge N. Reid Neureiter on 4/1/2020. India Cardomone answer due 5/1/2020; Jack Jungquist answer due 5/1/2020; William Laing answer due 5/1/2020. PLEASE READ ATTACHED MINUTE ORDER. (tsher, )
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| Filing 19 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #11 Stipulation for Extension of Time to Answer/Respond to Complaint, #16 Stipulation for Extension of Time to Answer/Respond to Complaint, #1 Complaint,,, On Behalf of Defendants Jungquist, Laing, and Cardamone by Defendant Jack Jungquist. (Scranton, Keith) |
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Filing 18
MINUTE ORDER granting #17 Motion for Reset by Magistrate Judge N. Reid Neureiter on 3/25/2020. Consent Form due by 5/14/2020. Proposed Scheduling Order due 5/21/2020. Scheduling Conference is VACATED and RESET to 5/28/2020 10:30 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. PLEASE READ ATTACHED MINUTE ORDER. (tsher, )
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| Filing 17 Unopposed MOTION for Hearing/Conference re #6 Order to Reschedule Scheduling Conference Currently set for April 28, 2020 by Plaintiff Foremost Signature Insurance Company. (Stafford, Elaine) |
| Filing 16 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants William Laing, India Cardomone. William Laing answer due 4/1/2020; India Cardomone answer due 4/1/2020. (Becnel, Kathryn) |
| Filing 15 NOTICE of Entry of Appearance by Kathryn W. Becnel on behalf of India Cardomone, William LaingAttorney Kathryn W. Becnel added to party India Cardomone(pty:dft), Attorney Kathryn W. Becnel added to party William Laing(pty:dft) (Becnel, Kathryn) |
| Filing 14 SUMMONS Returned Executed by Foremost Signature Insurance Company. Lillian Royer served on 3/9/2020, answer due 3/30/2020. (Stafford, Elaine) |
| Filing 13 SUMMONS Returned Executed by Foremost Signature Insurance Company. India Cardomone served on 3/9/2020, answer due 3/30/2020. (Stafford, Elaine) |
| Filing 12 SUMMONS Returned Executed by Foremost Signature Insurance Company. William Laing served on 3/9/2020, answer due 3/30/2020. (Stafford, Elaine) |
| Filing 11 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Jack Jungquist. Jack Jungquist answer due 4/1/2020. (Scranton, Keith) |
| Filing 10 NOTICE of Entry of Appearance by Jeffrey Alan Springer on behalf of Jack JungquistAttorney Jeffrey Alan Springer added to party Jack Jungquist(pty:dft) (Springer, Jeffrey) |
| Filing 9 NOTICE of Entry of Appearance by Keith Richard Scranton on behalf of Jack JungquistAttorney Keith Richard Scranton added to party Jack Jungquist(pty:dft) (Scranton, Keith) |
| Filing 8 SUMMONS Returned Executed by Foremost Signature Insurance Company. Jack Jungquist served on 2/19/2020, answer due 3/11/2020. (Stafford, Elaine) |
| Filing 7 SUMMONS Returned Executed by Foremost Signature Insurance Company. American Emergency Response & Recovery Company, LLC served on 2/13/2020, answer due 3/5/2020. (Stafford, Elaine) |
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Filing 6
ORDER by Magistrate Judge N. Reid Neureiter on 2/7/2020. Consent Form due by 4/14/2020. Scheduling Conference set for 4/28/2020 11:00 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. (tsher, )
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| Filing 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (angar, ) |
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Filing 4
MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Magistrate Judge N. Reid Neureiter for all further proceedings. All future pleadings should be designated as |
| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Magistrate Judge Consent Form) (trvo, ) |
| Filing 2 Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (trvo, ) |
| Filing 1 COMPLAINT for Declaratory Judgment against American Emergency Response & Recovery Company, LLC, India Cardomone, Jack Jungquist, William Laing, Shira Lipsey, Joseph Lipsey III, Joseph Lipsey IV, Lillian Royer (Filing fee $ 400,Receipt Number 1082-7136704)Attorney Elaine Katherine Stafford added to party Foremost Signature Insurance Company(pty:pla), filed by Foremost Signature Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Summons American Emergency, #9 Summons Cardomone, India, #10 Summons Jungquist, Jack, #11 Summons Laing, William, #12 Summons Lipsey III, Joseph, #13 Summons Lipsey IV, Joseph, #14 Summons Lipsey, Shira, #15 Summons Royer, Lillian, #16 Civil Cover Sheet)(Stafford, Elaine) |
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