National Surety Corporation v. Bozeman
| National Surety Corporation |
| Beth Bozeman and Beth S. Bozeman |
| 1:2020cv01187 |
| April 28, 2020 |
| US District Court for the District of Colorado |
| Gordon P Gallagher |
| William J Martinez |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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Filing 29
ORDER: A Telephonic Scheduling Conference is hereby set for 8/17/2020 10:30 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. Parties shall call in to 888-363-4749, Access Code 3136546# at the time of the hearing. Instructions regarding the Scheduling Order can be found on the US District Court Colorado website under Magistrate Judge Gordon P. Gallagher. By Magistrate Judge Gordon P. Gallagher on June 19, 2020. Text Only Entry (gpgsec, )
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Filing 28
ORDER granting #13 Motion for Leave: Plaintiff moves to amend the complaint in this action. The complaint, at least as it was filed in this removal action, was lodged on April 28, 2020. The motion to amend (ECF #13) was filed on May 15, 2020, within twenty-one (21) days of the filing of the original complaint in federal court. Pursuant to Rule 15(a), a party may amend once as a matter of course within twenty-one days. Outside that time period, amendment is to be allowed when justice so requires. Rule 15(a)(2). Here, Defendant opposes amendment to add Tracy C. Bozeman--although Defendant consents to another proposed amendment. Defendant argues that the proposed amendment is futile as Plaintiff's allegations assert a long-term operation of the dryer which caught fire, inconsistent with the occupancy of Tracy C. Bozeman. Defendant fails to address the fact that Plaintiff may timely amend as a matter of course. The Court finds that Plaintiff timely moves to amend. The Court further finds that the proposed amendment, construing Plaintiff's complaint in the light most favorable to Plaintiff and taking the factual allegations as true, would not be futile. Given the stage of this action, which is essentially at its very inception as it has not yet even reached a scheduling conference, a more robust order is not warranted. Plaintiff's motion to amend is GRANTED. Plaintiff SHALL lodge the first amended complaint. The Clerk of Court SHALL modify the register of actions to properly reflect the amendment of parties. So Ordered. by Magistrate Judge Gordon P. Gallagher on 6/18/20. Text Only Entry(GPG)
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Filing 27
RESPONSE to #13 MOTION for Leave to File Amended Complaint filed by Plaintiff National Surety Corporation. (Poynter, Jennifer)
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Filing 26
AMENDED COMPLAINT against All Defendants, filed by National Surety Corporation.(Poynter, Jennifer)
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Filing 25
RESPONSE to #13 MOTION for Leave to File Amended Complaint filed by Defendant Beth S. Bozeman. (Greenwood, Scot)
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Filing 24
MINUTE ORDER: Within 5 (5) days, Plaintiff SHALL file a redline version of the proposed amended complaint to accompany ECF #13. This Order does not modify Defendant's response date, which the Court calculates as expiring today, June 5, 2020. by Magistrate Judge Gordon P. Gallagher on 6/5/20. Text Only Entry (GPG)
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Filing 23
MEMORANDUM regarding #13 MOTION for Leave to File Amended Complaint filed by National Surety Corporation. Motions referred to Magistrate Judge Gordon P. Gallagher by Judge William J. Martinez on 6/4/2020. Text Only Entry (wjmsec, )
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Filing 22
NOTICE of Entry of Appearance by Scot W. Greenwood on behalf of Beth S. BozemanAttorney Scot W. Greenwood added to party Beth S. Bozeman(pty:dft) (Greenwood, Scot)
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Filing 21
MEMORANDUM regarding #13 MOTION for Leave to File Amended Complaint filed by National Surety Corporation. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 6/4/2020. Text Only Entry (wjmsec, )
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Filing 20
MINUTE ORDER. In light of 19 Order, the #10 Order Setting Scheduling Conference is VACATED and the Scheduling Conference set for 6/22/2020 09:30 AM is VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/4/2020. Text Only Entry (stvlc2, )
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Filing 19
ORDER: This matter has its factual nexus in Routt County. According to the Court's Revised Jury Plan for Random Jury Selection, this case is therefore properly designated for Jury Division 3. Because the jury will be drawn from that Division, it is appropriate that the case be managed, for pretrial purposes, by Magistrate Judge Gallagher in Grand Junction. Accordingly, 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 20-cv-1187-WJM-GPG. SO ORDERED by Judge William J. Martinez on 6/4/2020. Text Only Entry (wjmsec, )
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Filing 18
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 6/ 4/2020. Text Only Entry (wjmsec, )
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Filing 17
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Varholak, 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 6/4/2020. (wjmsec, )
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Motion(s) No Longer Referred: #13 MOTION for Leave to File Amended Complaint by Judge William J. Martinez on 6/4/2020. Text Only Entry (wjmsec, )
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Filing 16
CASE REASSIGNED pursuant to #15 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 20-cv-01187-WJM. (Text Only Entry) (jgonz, )
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Filing 15
CONSENT to Jurisdiction of Magistrate Judge by Defendant Beth S. Bozeman All parties do not consent.. (Swanson, Emily)
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Filing 14
MINUTE ORDER re: #13 MOTION for Leave to File Amended Complaint. The parties shall be prepared to address the #13 Motion at the Scheduling Conference set for 6/22/2020. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/15/2020. Text Only Entry (stvlc2, )
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Filing 13
MOTION for Leave to File Amended Complaint by Plaintiff National Surety Corporation. (Attachments: #1 Exhibit Amended Complaint, #2 Proposed Order (PDF Only))(Poynter, Jennifer)
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Filing 12
CORPORATE DISCLOSURE STATEMENT. (Poynter, Jennifer)
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Filing 11
NOTICE of Entry of Appearance of Jennifer Poynter by Jennifer Ann Poynter on behalf of National Surety Corporation (Poynter, Jennifer)
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Filing 10
ORDER Setting Scheduling Conference for 6/22/2020 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Consent Form due by 6/8/2020. Proposed Scheduling Order due 6/15/2020, by Magistrate Judge Scott T. Varholak on 4/29/2020. (jgonz, )
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Filing 9
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (trvo, )
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Filing 8
AFFIDAVIT of Service of Complaint and Summons upon Beth S. Bozeman on 04/08/2020. (trvo, )
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Filing 7
COMPLAINT against Beth S. Bozeman, filed by National Surety Corporation.(trvo, )
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Filing 6
Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (trvo, )
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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) (trvo, )
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Filing 4
Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (trvo, )
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Filing 3
ANSWER to Complaint by Beth Bozeman.(Swanson, Emily)
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Filing 2
NOTICE of Entry of Appearance by Janet Belcher Martin on behalf of Beth BozemanAttorney Janet Belcher Martin added to party Beth Bozeman(pty:dft) (Martin, Janet)
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Filing 1
NOTICE OF REMOVAL by Beth Bozeman from Routt County, Case Number 2020CV30033. (Filing fee $ 400, Receipt Number 1082-7271861), filed by Beth Bozeman. (Attachments: #1 Exhibit Complaint, #2 Exhibit Civil Cover Sheet, #3 Exhibit Summons, #4 Exhibit Affidavit of Service, #5 Supplemental Civil Cover Sheet)(Swanson, Emily)
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