Misner et al v. Asa Griego Deliveries LLC et al
| Linda Tecumseh and Neil Misner |
| Centennial Automotive, LLC, Kemper Corporation, Asa Griego Deliveries LLC, Elite Logistics, Inc., Marc A. Guerrero and Alpha Property & Casualty Insurance Company |
| 1:2020cv01885 |
| June 25, 2020 |
| US District Court for the District of Colorado |
| S Kato Crews |
| William J Martinez |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 14, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 55 Party Alpha Property & Casualty Insurance Company terminated pursuant to #54 STIPULATION of Dismissal filed in this case on 8/14/2020. Text Only Entry (angar, ) |
| Filing 54 STIPULATION of Dismissal of Party Alpha Property & Casualty Insurance Company by Defendant Alpha Property & Casualty Insurance Company. (Taylor, Winslow) |
| Filing 53 RESPONSE to #39 MOTION to Dismiss for Failure to State a Claim by Centennial Automotive LLC filed by Plaintiff Neil Misner. (Callahan, Andrew) |
| Filing 52 RESPONSE to #46 MOTION to Dismiss for Failure to State a Claim by Elite Logistic, Inc. filed by Plaintiff Neil Misner. (Callahan, Andrew) |
| Filing 51 REPLY to Response to #44 MOTION to Remand to State Court filed by Plaintiffs Neil Misner, Linda Tecumseh. (Doutt, William) |
| Filing 50 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Auto Holdings, LLC, Corporate Parent AN Dealership Holding Corp., Corporate Parent AutoNation, Inc., Corporate Parent AutoNation Enterprises Incorporated for Centennial Automotive, LLC. (Riley, John) |
| Filing 49 RESPONSE to #44 MOTION to Remand to State Court filed by Defendant Alpha Property & Casualty Insurance Company. (Taylor, Winslow) |
| Filing 48 Defendants Asa Griego Deliveries LLC and Marc Guerrero's ANSWER to #5 Complaint with Jury Demand by Asa Griego Deliveries LLC, Marc A. Guerrero.(Friedman, Brendan) |
Filing 47
ORDER: This matter is before the Court on Plaintiffs' Motion for Remand #44 . Defendants are DIRECTED to file a Response to the Motion on or before August 5, 2020. Plaintiffs shall file a Reply on or before August 12, 2020. SO ORDERED by Judge William J. Martinez on 7/28/2020. Text Only Entry (wjmsec, )
|
| Filing 46 MOTION to Dismiss for Failure to State a Claim by Defendant Elite Logistics, Inc.. (Friedman, Brendan) |
|
Filing 45
ORDER granting Plaintiffs' Unopposed Motions for Extension of Time to File Responsive Pleading #42 and #43 . Plaintiffs are granted leave, for good cause shown, to file their Responses to Defendant Alpha Property & Casualty Insurance Company's Motion to Dismiss and Defendant Centennial Automotive LLC's Motion to Dismiss for Failure to State a Claim on or before August 14, 2020. SO ORDERED by Judge William J. Martinez on 7/27/2020. Text Only Entry(wjmsec, )
|
| Filing 44 MOTION to Remand to State Court by Plaintiff Neil Misner. (Attachments: #1 Exhibit 1 - Colorado State Patrol Report)(Callahan, Andrew) |
| Filing 43 MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Dismiss for Failure to State a Claim by Plaintiff Linda Tecumseh. (Doutt, William) |
| Filing 42 MOTION for Extension of Time to File Response/Reply as to #34 MOTION to Dismiss by Plaintiff Linda Tecumseh. (Doutt, William) |
| Filing 41 NOTICE of Entry of Appearance by Warren N. Eckloff, III on behalf of Centennial Automotive, LLCAttorney Warren N. Eckloff, III added to party Centennial Automotive, LLC(pty:dft) (Eckloff, Warren) |
|
Filing 40
ORDER GRANTING #33 Unopposed Motion for Extension of Time to Answer or Otherwise Respond. For good cause shown, the Court GRANTS the Motion. Accordingly, IT IS ORDERED that Defendants', Asa Griego Deliveries LLC, Elite Logistics, Inc., and Marc A. Guerrero, answer or otherwise responsive pleading is due 7/29/2020. SO ORDERED by Magistrate Judge S. Kato Crews on 7/20/2020. Text Only Entry (skclc2)
|
| Filing 39 MOTION to Dismiss for Failure to State a Claim by Defendant Centennial Automotive, LLC. (Riley, John) |
|
Filing 38
ORDER striking Defendant Centennial Automotive's Motion to Dismiss #37 for failure to comply with WJM Revised Practice Standard III.D.1. This Practice Standard requires counsel to confer prior to filing a motion pursuant to Rule 12, in order to discuss whether the alleged deficiency in the operative complaint can be cured by amendment, and to exercise their best efforts to stipulate to such amendment. Defendant's Motion to Dismiss is STRICKEN without prejudice to refiling because it contains no statement with respect to whether such a conferral occurred in this case. SO ORDERED by Judge William J. Martinez on 7/20/2020. Text Only Entry(wjmsec, )
|
| Filing 37 MOTION to Dismiss for Failure to State a Claim by Defendant Centennial Automotive, LLC. (Riley, John) |
| Filing 35 MEMORANDUM regarding #33 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Notice of Removal,, filed by Elite Logistics, Inc., Asa Griego Deliveries LLC, Marc A. Guerrero. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 7/16/2020. Text Only Entry (wjmsec, ) |
| Filing 34 MOTION to Dismiss by Defendant Alpha Property & Casualty Insurance Company. (Attachments: #1 Exhibit A - Policy)(Taylor, Winslow) |
| Filing 33 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Notice of Removal,, by Defendants Asa Griego Deliveries LLC, Elite Logistics, Inc., Marc A. Guerrero. (Friedman, Brendan) |
| Filing 32 NOTICE of Entry of Appearance by J. Scott Lasater on behalf of Asa Griego Deliveries LLC, Elite Logistics, Inc., Marc A. GuerreroAttorney J. Scott Lasater added to party Asa Griego Deliveries LLC(pty:dft), Attorney J. Scott Lasater added to party Elite Logistics, Inc.(pty:dft), Attorney J. Scott Lasater added to party Marc A. Guerrero(pty:dft) (Lasater, J.) |
| Filing 31 NOTICE of Entry of Appearance by Brendan Forrest Friedman on behalf of Asa Griego Deliveries LLC, Elite Logistics, Inc., Marc A. GuerreroAttorney Brendan Forrest Friedman added to party Asa Griego Deliveries LLC(pty:dft), Attorney Brendan Forrest Friedman added to party Elite Logistics, Inc.(pty:dft), Attorney Brendan Forrest Friedman added to party Marc A. Guerrero(pty:dft) (Friedman, Brendan) |
| Filing 36 Party Kemper Corporation terminated pursuant to #28 STIPULATION of Dismissal of Party Kemper Corporation, filed in this case on 7/14/2020. Text Only Entry (angar, ) |
|
Filing 30
ORDER DENYING #27 Unopposed Motion for Extension of Time. The Motion seeks "a stay of all responsive pleading deadlines" pending resolution of a forthcoming motion to remand. The unopposed nature of the Motion, prospective motion to remand, and potential resources saved by staying the response deadlines do not constitute good cause at this time. Accordingly, IT IS ORDERED that he Motion is DENIED for lack of good cause. The parties shall proceed based on the deadlines established by the Federal Rules of Civil Procedure, specifically Rule 81(c)(2) governing removed actions. SO ORDERED by Magistrate Judge S. Kato Crews on 7/14/2020. Text Only Entry (skclc2)
|
| Filing 29 MEMORANDUM regarding #27 MOTION for Extension of Time to for Responsive Pleadings filed by Linda Tecumseh. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 7/14/2020. Text Only Entry (wjmsec, ) |
| Filing 28 STIPULATION of Dismissal of Party Kemper Corporation by Defendant Kemper Corporation. (Taylor, Winslow) |
| Filing 27 MOTION for Extension of Time to for Responsive Pleadings by Plaintiff Linda Tecumseh. (Doutt, William) |
|
Filing 26
ORDER Setting Rule 16(b) Scheduling Conference. The Scheduling Conference is set for 10/1/2020 at 11:30 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, on or before 9/24/2020. The Magistrate Judge Consent Form [#12 ] is due 9/24/2020. SO ORDERED by Magistrate Judge S. Kato Crews on 7/13/2020. Text Only Entry (skclc2)
|
| Filing 25 NOTICE of Entry of Appearance by John Robert Riley on behalf of Centennial Automotive, LLCAttorney John Robert Riley added to party Centennial Automotive, LLC(pty:dft) (Riley, John) |
|
Filing 22
ORDER GRANTING #18 Motion for Extension of Time to Answer or Otherwise Respond. IT IS ORDERED that the Motion is GRANTED. Accordingly, Defendants', Alpha Property & Casualty Insurance Company and Kemper Corporation, answers or otherwise responsive pleadings are due 7/15/2020. SO ORDERED by Magistrate Judge S. Kato Crews on 7/6/2020. Text Only Entry (skclc2)
|
| Filing 21 MEMORANDUM regarding #18 First MOTION for Extension of Time to File Answer or Otherwise Respond filed by Kemper Corporation, Alpha Property & Casualty Insurance Company. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 7/6/2020. Text Only Entry (wjmsec, ) |
|
Filing 20
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 7/ 6/2020. Text Only Entry (wjmsec, )
|
|
Filing 19
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews, 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 7/6/2020. Text Only Entry (wjmsec, )
|
| Filing 18 First MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Alpha Property & Casualty Insurance Company, Kemper Corporation. (Attachments: #1 Exhibit A)(Taylor, Winslow) |
| Filing 17 NOTICE of Entry of Appearance by Andrew William Callahan on behalf of Neil MisnerAttorney Andrew William Callahan added to party Neil Misner(pty:pla) (Callahan, Andrew) |
| Filing 16 NOTICE of Entry of Appearance by Gordon Michael Hadfield on behalf of Linda TecumsehAttorney Gordon Michael Hadfield added to party Linda Tecumseh(pty:pla) (Hadfield, Gordon) |
| Filing 15 NOTICE of Entry of Appearance by William C. Doutt on behalf of Linda TecumsehAttorney William C. Doutt added to party Linda Tecumseh(pty:pla) (Doutt, William) |
| Filing 14 SUPPLEMENT/AMENDMENT to #1 Notice of Removal,, Amended Civil Cover Sheet by Defendants Alpha Property & Casualty Insurance Company, Kemper Corporation. (Henkel, Kurt) |
| Filing 3 NOTICE of Entry of Appearance by Winslow Russell Taylor, III on behalf of Alpha Property & Casualty Insurance Company, Kemper CorporationAttorney Winslow Russell Taylor, III added to party Alpha Property & Casualty Insurance Company(pty:dft), Attorney Winslow Russell Taylor, III added to party Kemper Corporation(pty:dft) (Taylor, Winslow) |
| Filing 24 STATE COURT ORDER: Status Report Granting Extension for Filing Answer. By Daniel Michael McDonald, Larimer County District Court Judge on 6/24/2020. (jtorr, ) |
| Filing 23 STATE COURT ORDER Granting Defendants' Unopposed Motion for Extension of Time to File Responsive Pleading. By Daniel McDonald, Larimer County District Court Judge on 6/17/2020. (jtorr, ) |
| Filing 13 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) (jtorr, ) |
| Filing 12 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jtorr, ) |
| Filing 11 AFFIDAVIT of Service of District Court Civil Summons; Complaint and Jury Demand and District Court Civil Case Cover Sheet upon Marc A. Guerrero on 06/14/2020 (jtorr, ) |
| Filing 10 AFFIDAVIT of Service of District Court Civil Summons; Complaint and Jury Demand and District Court Civil Case Cover Sheet upon Elite Logistics on 05/29/2020 (jtorr, ) |
| Filing 9 AFFIDAVIT of Service of District Court Civil Summons; Complaint and Jury Demand and District Court Civil Case Cover Sheet upon Centennial Automotive on 05/27/2020 (jtorr, ) |
| Filing 8 AFFIDAVIT of Service of District Court Civil Summons; Complaint and Jury Demand and District Court Civil Case Cover Sheet upon ASA Griego Deliveries, LLC on 06/03/2020 (jtorr, ) |
| Filing 7 AFFIDAVIT OF PROCESS SERVER of Summons, Civil Complaint & Case Cover Sheet upon Kemper Corporation on 05/26/2020 (jtorr, ) |
| Filing 6 AFFIDAVIT of Service of District Court Cibil Summons; Complaint and Jury Demand and District Court Civil Case Cover Sheet upon Alpha Property & Casualty Insurance Company on 05/27/2020. (jtorr, ) |
| Filing 5 COMPLAINT against Alpha Property & Casualty Insurance Company, Asa Griego Deliveries LLC, Centennial Automotive, LLC, Elite Logistics, Inc., Marc A. Guerrero, Kemper Corporation, filed by Linda Tecumseh, Neil Misner.(jtorr, ) |
| Filing 4 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (jtorr, ) |
| Filing 2 SUPPLEMENT/AMENDMENT to #1 Notice of Removal,, by Defendants Alpha Property & Casualty Insurance Company, Kemper Corporation. (Henkel, Kurt) |
| Filing 1 NOTICE OF REMOVAL by Kemper Corporation, Alpha Property & Casualty Insurance Company from Larimer District, Case Number 2020cv30348. (Filing fee $ 400, Receipt Number 1082-7359042), filed by Kemper Corporation, Alpha Property & Casualty Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(Henkel, Kurt) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Colorado District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
