Garcia v. Allstate Indemnity Company
Plaintiff: Susan Garcia
Defendant: Allstate Indemnity Company
Case Number: 1:2020cv00359
Filed: February 11, 2020
Court: US District Court for the District of Colorado
Presiding Judge: R Brooke Jackson
Nature of Suit: Insurance
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on March 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 25, 2020 Opinion or Order Filing 22 MINUTE ORDER re: #21 Notice of Settlement filed by Allstate Indemnity Company. The Court requests that the parties submit a Dismissal Paper by 4/24/2020. By Judge R. Brooke Jackson on 3/25/2020. Text Only Entry (rbjsec. )
March 25, 2020 Filing 21 NOTICE of Settlement by Defendant Allstate Indemnity Company (Lazar, Cheri)
March 17, 2020 Opinion or Order Filing 20 SCHEDULING ORDER: Discovery due by 10/16/2020. Dispositive Motions due by 11/16/2020. by Judge R. Brooke Jackson on 3/17/20. (jdyne, )
March 17, 2020 Opinion or Order Filing 19 MINUTE ORDER re: #18 Proposed Scheduling Order. In light of the COVID-19 situation the Scheduling Conference set March 19, 2020 is vacated. On review of the Proposed Scheduling Order, the Court adopts same except as follows: parties are limited to three depositions per side including experts (the three-deposition limit does not apply to preservation depositions of treating health care professionals). Depositions are limited to maximum of four hours. For discovery disputes, counsel should call Chambers and set a telephone hearing after conferring by phone or in person and making a good faith effort to resolve. Counsel should confer and select either June 1, 7 or 14 2021 for a 4-day jury trial. Also, either May 7 (1:30), 14 (9:00) or 21 (1:30) Trial Preparation Conference (fit to selected trial date). Please notify Chambers of selections within 14 days at jackson_chambers@cod.uscourts.gov. Submit proposed jury instructions by email to Chambers one week before selected TPC date. See Practice Standards. In light of defendant's having paid its policy limits for its underinsured motorist coverage, plus the $5,000 med pay, the only issues left are the alleged unreasonable delay and plaintiff's attorney's fees. The Court's impression is that this case would not have been removable but for plaintiff's state court civil cover sheet, and that it will be difficult for plaintiff to receive any significant verdict on her unreasonable delay claim. Further, it is the Court's impression that investing substantial attorney's fees in pursuing the unreasonable delay claim probably will not be viewed as reasonable if, as I anticipate, a minimal verdict is obtained. Of course, the Court does not know the case like the parties do and could be wrong. However, the Court's recommendation, for what it's worth, is that the parties cut their losses now by engaging in prompt and reasonable settlement discussions and resolving the dispute without further litigation. The approved Scheduling Order will issue by separate entry. By Judge R. Brooke Jackson on 3/17/2020. Text Only Entry (rbjsec. )
March 12, 2020 Filing 18 Proposed Scheduling Order by Defendant Allstate Indemnity Company. (Lazar, Cheri)
March 12, 2020 Opinion or Order Filing 17 MINUTE ORDER re: 14 Minute Order. The Scheduling Conference set March 19, 2020 at 10:00 a.m. will be held telephonically. The Court requests that counsel coordinate a conference call and then contact the Court at (303) 844-4694. By Judge R. Brooke Jackson on 3/12/2020. Text Only Entry (rbjsec.)
March 10, 2020 Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Defendant Allstate Indemnity Company All parties do not consent.. (Lazar, Cheri)
February 25, 2020 Filing 15 NOTICE of Filing State Court Docket Sheet by Defendant Allstate Indemnity Company (Attachments: #1 Docket Sheet Register of Actions -2020CV30215)(Lazar, Cheri)
February 24, 2020 Opinion or Order Filing 14 MINUTE ORDER: A Scheduling Conference is set for 3/19/2020 at 10:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. By Judge R. Brooke Jackson on 2/24/2020. Text Only Entry (rbjsec.)
February 20, 2020 Filing 13 NOTICE of Entry of Appearance by Jon Michael Topolewski on behalf of Susan GarciaAttorney Jon Michael Topolewski added to party Susan Garcia(pty:pla) (Topolewski, Jon)
February 18, 2020 Filing 12 ANSWER to #6 Complaint by Allstate Indemnity Company.(Lazar, Cheri)
February 13, 2020 Filing 11 NOTICE of Entry of Appearance by Joseph Anton Sirchio on behalf of Susan GarciaAttorney Joseph Anton Sirchio added to party Susan Garcia(pty:pla) (Sirchio, Joseph)
February 13, 2020 Opinion or Order Filing 10 ORDER TO SET SCHEDULING CONFERENCE: This matter comes before the Court sua sponte. 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 no later than 45 days after the answer, motion to dismiss or other response to the complaint is filed. 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. By Judge R. Brooke Jackson on 2/13/2020. (rbjsec. )
February 12, 2020 Filing 9 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (alave, )
February 12, 2020 Filing 8 Case assigned to Judge R. Brooke Jackson and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (alave, )
February 12, 2020 Filing 7 AFFIDAVIT/RETURN of Service of Civil Summons and Civil Complaint upon Allstate Indemnity Company on 01/21/2020. (alave, )
February 12, 2020 Filing 6 COMPLAINT against Allstate Indemnity Company, filed by Susan Garcia.(alave, )
February 12, 2020 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) (alave, )
February 12, 2020 Filing 4 Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (rsams, )
February 12, 2020 Filing 3 NOTICE OF REMOVAL by Allstate Indemnity Company from Denver District Court, Case Number 2020CV030215. (Filing fee $ 400, Receipt Number 1082-7148887), filed by Allstate Indemnity Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 F)(Henkel, Kurt)
February 12, 2020 Filing 2 Administrative Notice: No initiating document. Attorney contacted with instructions to file the initiating document within 24 hours. (Text Only Entry) (cmadr, )
February 11, 2020 Filing 1 NOTICE of Entry of Appearance by Cheri R. Lazar on behalf of Allstate Indemnity CompanyAttorney Cheri R. Lazar added to party Allstate Indemnity Company(pty:dft) (Lazar, Cheri)

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Defendant: Allstate Indemnity Company
Represented By: Cheri R. Lazar
Represented By: Kurt Hans Henkel
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Plaintiff: Susan Garcia
Represented By: Jon Michael Topolewski
Represented By: Joseph Anton Sirchio
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