Diamond v. W. R. Berkley Corporation et al
Plaintiff: Dale Diamond
Defendant: Berkley Insurance Company and W. R. Berkley Corporation
Case Number: 1:2020cv02097
Filed: July 17, 2020
Court: US District Court for the District of Colorado
Presiding Judge: Christine M Arguello
Referring Judge: S Kato Crews
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1331 ag
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 10, 2020 Opinion or Order Filing 29 SCHEDULING ORDER: by Magistrate Judge S. Kato Crews on 9/10/2020. (amont, )
September 10, 2020 Filing 28 COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Telephone Scheduling Conference held on 9/10/2020. Discovery due by 3/10/2021. Dispositive Motions due by 4/9/2021. Joint Status Report due by 11/24/2020. Telephone Final Pretrial Conference set for 6/9/2021 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. FTR: Courtroom C-201. (amont, )
September 9, 2020 Opinion or Order Filing 27 PROTECTIVE ORDER issued by Magistrate Judge S. Kato Crews on 09-09-2020. (skclc2)
September 9, 2020 Opinion or Order Filing 26 ORDER denying #15 Defendant W. R. Berkley Corporation's Motion to DismissUNDER FED. R. CIV. P. 12(B)(2) AND 12(B)(6). In light of the Amended Complaint #22 , the Motion to Dismiss is denied without prejudice. So Ordered by Magistrate Judge S. Kato Crews on 09-09-2020. Text Only Entry (skclc2).
September 8, 2020 Opinion or Order Filing 25 MEMORANDUM regarding #24 Stipulated MOTION for Protective Order with Proposed Protective Order filed by Dale Diamond. Motion referred to Magistrate Judge S. Kato Crews by Judge Christine M. Arguello on 9/8/2020. Text Only Entry (cmasec)
September 8, 2020 Filing 24 Stipulated MOTION for Protective Order with Proposed Protective Order by Plaintiff Dale Diamond. (McCurdy, Sean)
September 8, 2020 Filing 23 NOTICE of Filing Amended Pleading re #22 Amended Complaint by Plaintiff Dale Diamond (Attachments: #1 Exhibit Redlined Amended Complaint)(McCurdy, Sean)
September 8, 2020 Filing 22 AMENDED COMPLAINT against Berkley Insurance Company, W. R. Berkley Corporation, filed by Dale Diamond.(McCurdy, Sean)
September 8, 2020 Filing 21 MEMORANDUM regarding #15 MOTION to Dismiss UNDER FED. R. CIV. P. 12(B)(2) AND 12(B)(6) filed by W. R. Berkley Corporation. Motion referred to Magistrate Judge S. Kato Crews by Judge Christine M. Arguello on 9/8/2020. Text Only Entry (cmasec)
September 8, 2020 Opinion or Order Filing 20 ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews 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). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference and should be available for trial accordingly. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. The Magistrate Judge, at his/her discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Christine M. Arguello on 9/8/2020. Text Only Entry (cmasec)
September 4, 2020 Filing 19 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Judge Christine M. Arguello for all further proceedings. All future pleadings should be designated as 20-cv-2097-CMA (angar, )
September 3, 2020 Filing 18 CASE REASSIGNED pursuant to #14 Consent /Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock. All future pleadings should be designated as 20-cv-02097-LTB. (Text Only Entry) (jgonz, )
September 3, 2020 Filing 17 ANSWER to #1 Complaint, by Berkley Insurance Company.(Zender, Jill)
September 3, 2020 Filing 16 Proposed Scheduling Order by Plaintiff Dale Diamond. (McCurdy, Sean)
September 3, 2020 Filing 15 MOTION to Dismiss UNDER FED. R. CIV. P. 12(B)(2) AND 12(B)(6) by Defendant W. R. Berkley Corporation. (Attachments: #1 Brief in Support, #2 Declaration)(Zender, Jill)
September 3, 2020 Filing 14 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Dale Diamond All parties do not consent.. (McCurdy, Sean)
August 19, 2020 Opinion or Order Filing 13 MINUTE ORDER: Setting Telephonic Rule 16(b) Scheduling Conference. The Telephonic Scheduling Conference is set for 09-10-2020 at 09:30 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 09-03-2020. The Magistrate Judge Consent Form is due 09-03-2020. Dial in information for the Scheduling Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 08-19-2020. Text Only Entry (skclc2)
August 18, 2020 Filing 12 SUMMONS Returned Executed by Dale Diamond. Berkley Insurance Company served on 8/12/2020, answer due 9/3/2020. (Attachments: #1 Receipt, #2 Exhibit, #3 Affidavit)(McCurdy, Sean)
August 17, 2020 Filing 11 CORPORATE DISCLOSURE STATEMENT. (Elgin, Susan)
August 12, 2020 Filing 10 NOTICE of Entry of Appearance by Jill A. Zender on behalf of All Defendants Attorney Jill A. Zender added to party Berkley Insurance Company(pty:dft), Attorney Jill A. Zender added to party W. R. Berkley Corporation(pty:dft) (Zender, Jill)
August 12, 2020 Filing 9 NOTICE of Entry of Appearance by Susan P. Elgin on behalf of All Defendants (Elgin, Susan)
August 11, 2020 Opinion or Order Filing 8 ORDER GRANTING #7 Stipulation for Extension of Time to Answer or Respond to Complaint. Defendants filed the "Stipulation" regarding an extension of their answer deadline. Rule 6(b) of the Federal Rules of Civil Procedure states that the Court, not the Parties, may extend any "act that may or must be done within a specified time" for good cause. Therefore, to the extent the Stipulation [#7 ] attempts to modify Defendants' deadline to answer, it is MOOT. However, the Court construes the document as a Motion, supported by good cause, and GRANTS the Motion. Accordingly, IT IS ORDERED that Defendants shall have until 9/3/2020 to answer or otherwise respond.The Court notes the Parties should take care to correctly docket filings as a "Motion", not a "Stipulation", even if they have stipulated to the requested relief. SO ORDERED by Magistrate Judge S. Kato Crews on 8/11/2020. Text Only Entry (skclc2)
August 11, 2020 Filing 7 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Berkley Insurance Company, W. R. Berkley Corporation. All Defendants. (Elgin, Susan)
August 2, 2020 Filing 6 SUMMONS Returned Executed by Dale Diamond. W. R. Berkley Corporation served on 7/23/2020, answer due 8/13/2020. (Attachments: #1 Affidavit)(McCurdy, Sean)
July 21, 2020 Filing 5 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (jgonz, )
July 17, 2020 Filing 4 SUMMONS REQUEST as to Defendants re #1 Complaint, by Plaintiff Dale Diamond. (McCurdy, Sean)
July 17, 2020 Filing 3 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. Summons submitted has incorrect caption and not issued. Summons must list all defendants in the caption. Please file completed summons for issuance using the event Summons Request. (jtorr, )
July 17, 2020 Filing 2 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (jtorr, )
July 17, 2020 Filing 1 COMPLAINT and Jury Demand against All Defendants (Filing fee $ 400,Receipt Number 1082-7392296)Attorney Sean Michael McCurdy added to party Dale Diamond(pty:pla), filed by Dale Diamond. (Attachments: #1 Summons, #2 Civil Cover Sheet)(McCurdy, Sean)

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Defendant: Berkley Insurance Company
Represented By: Susan P. Elgin
Represented By: Jill A. Zender
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Defendant: W. R. Berkley Corporation
Represented By: Susan P. Elgin
Represented By: Jill A. Zender
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Plaintiff: Dale Diamond
Represented By: Sean Michael McCurdy
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