Collazo v. State Farm Mutual Automobile Insurance Company
| Victoria Collazo |
| State Farm Mutual Automobile Insurance Company |
| 1:2020cv01914 |
| June 30, 2020 |
| US District Court for the District of Colorado |
| R Brooke Jackson |
| Kathleen M Tafoya |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 19, 2020. A more recent docket listing may be available from PACER.
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Filing 24
MINUTE ORDER re: #21 Proposed Scheduling Order filed by State Farm Mutual Automobile Insurance Company. In light of the Court's ruling at ECF No. 23, please confer again after an amended complaint is filed and then tender an updated Proposed Scheduling Order by 9/23/2020. In addition, please email the proposed order in Word to jackson_chambers@cod.uscourts.gov. By Judge R. Brooke Jackson on 8/18/2020. Text Only Entry (rbjsec. )
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Filing 23
ORDER granting in part and denying in part #10 Motion to Dismiss. The Court agrees that a 24-page complaint with 375 separate paragraphs in a routine underinsured motorist case arising from a rear end collision does not comply with Rule 8(a)(2). The Court is well aware of the propensity of defendants in general to file motions to dismiss under Rule 12(b)(6) since Twombly and Iqbal created the plausibility standard. However, complaints such as this one do not comply with the requirement that still exists that a complaint provide a short and plain statement of the claims. This style of pleading is unnecessary, unreasonable and annoying, and I recommend that this law firm and others reconsider what appears from this Court's experience to be a standard pleading practice for certain law firms. The Court strikes the complaint but grants the plaintiff leave to file a reasonable complaint within 14 days that complies with Rule 8. If the second attempt also fails to comply, the Court likely will dismiss the case without prejudice. Note, henceforth any motion to dismiss must comply with this Court's practice standards. In this instance the motion was filed before the case was reassigned, and I have elected not to apply the requirement to the pending motion. By Judge R. Brooke Jackson on 8/18/2020. Text Only Entry(rbjsec. )
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Filing 22
ORDER granting #18 Unopposed MOTION for Extension of Time to File Proposed Scheduling Order. Due to the COVID-19 pandemic, this Court will not hold a scheduling conference. The Court requests that counsel email the proposed order filed at ECF No. 21 to Jackson_Chambers@cod.uscourts.gov in Word format. The Court will review the proposed order and make such rulings as are appropriate and will provide the parties with potential trial preparation conference and trial dates for you to choose from. By Judge R. Brooke Jackson on 8/19/2020. Text Only Entry(rbjsec. )
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| Filing 21 Proposed Scheduling Order by Defendant State Farm Mutual Automobile Insurance Company. (Dunn, Lindsay) |
| Filing 20 REPLY to Response to #10 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 8(a)(2) filed by Defendant State Farm Mutual Automobile Insurance Company. (Sands, Jon) |
| Filing 19 CASE REASSIGNED pursuant to #17 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 20-cv-01914-RBJ. (Text Only Entry) (jgonz, ) |
| Filing 18 Unopposed MOTION for Extension of Time to File Proposed Scheduling Order by Defendant State Farm Mutual Automobile Insurance Company. (Dunn, Lindsay) |
| Filing 17 CONSENT to Jurisdiction of Magistrate Judge by Defendant State Farm Mutual Automobile Insurance Company All parties do not consent.. (Dunn, Lindsay) |
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Filing 16
MINUTE ORDER: The Scheduling Conference set for August 24, 2020, is vacated but will not be reset at the time. The parties are still required to file their proposed scheduling order and consent form on August 17, 2020, as directed by the #9 Order. By Magistrate Judge Kathleen M. Tafoya on 8/10/2020. Text Only Entry (kmtlc1 )
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Filing 15
MINUTE ORDER: In light of Plaintiff's #14 Supplemental Response to Defendant's Motion to Dismiss the Complaint, Defendant's deadline to file a reply as to its #10 Motion Pursuant to Fed. R. Civ. P. 8(a)(2) to Dismiss the Complaint is extended to August 18, 2020. By Magistrate Judge Kathleen M. Tafoya on 08/04/20. Text Only Entry (kmtlc2)
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| Filing 14 RESPONSE to #10 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 8(a)(2) filed by Plaintiff Victoria Collazo. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Bonjour, Steven) |
| Filing 13 RESPONSE to #10 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 8(a)(2) filed by Plaintiff Victoria Collazo. (Bonjour, Steven) |
| Filing 12 NOTICE of Entry of Appearance by DezaRae D. LaCrue on behalf of Victoria CollazoAttorney DezaRae D. LaCrue added to party Victoria Collazo(pty:pla) (LaCrue, DezaRae) |
| Filing 11 NOTICE of Entry of Appearance by Steven Michael Bonjour on behalf of Victoria CollazoAttorney Steven Michael Bonjour added to party Victoria Collazo(pty:pla) (Bonjour, Steven) |
| Filing 10 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 8(a)(2) by Defendant State Farm Mutual Automobile Insurance Company. (Sands, Jon) |
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Filing 9
ORDER Setting Scheduling Conference for 8/24/2020 10:45 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. Consent Form due by 8/17/2020. By Magistrate Judge Kathleen M. Tafoya on 7/1/2020. (ksena)
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| Filing 8 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 7 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. NO SUMMONS ISSUED. (jtorr, ) |
| Filing 6 Case assigned to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (jtorr, ) |
| Filing 5 AFFIDAVIT of Service of Summons, Civil Case Cover Sheet, Complaint upon State Farm Mutual Automobile Ins. Co. on 06/09/2020 (jtorr, ) |
| Filing 4 COMPLAINT against State Farm Mutual Automobile Insurance Company, filed by Victoria Collazo.(jtorr, ) |
| Filing 3 NOTICE of Entry of Appearance by Katherine Karamalegos Kust on behalf of State Farm Mutual Automobile Insurance CompanyAttorney Katherine Karamalegos Kust added to party State Farm Mutual Automobile Insurance Company(pty:dft) (Kust, Katherine) |
| Filing 2 NOTICE of Entry of Appearance by Jon F. Sands on behalf of State Farm Mutual Automobile Insurance CompanyAttorney Jon F. Sands added to party State Farm Mutual Automobile Insurance Company(pty:dft) (Sands, Jon) |
| Filing 1 NOTICE OF REMOVAL by State Farm Mutual Automobile Insurance Company from El Paso County District Court, Case Number 2020CV30968. (Filing fee $ 400, Receipt Number 1082-7364614), filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Dunn, Lindsay) |
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