Esurance Property and Casualty Insurance Company v. Dahmer et al
Plaintiff: Esurance Property and Casualty Insurance Company
Defendant: John J. Dahmer and Kathryn Palm
Case Number: 1:2020cv02170
Filed: July 22, 2020
Court: US District Court for the District of Colorado
Presiding Judge: Philip A Brimmer
Referring Judge: Scott T Varholak
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Declaratory Judgment
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 13, 2021 Filing 52 DISREGARD, FILED IN ERRORJOINT MOTION TO AMEND THE SCHEDULING ORDER from 20-cv-2170-PAB-STV by Plaintiff Esurance Property and Casualty Insurance Company and Defendant Kathryn Palm. (Filed pursuant to ECF 19) (cmadr, ) Modified on 10/14/2021 (cmadr, ).
October 13, 2021 Opinion or Order Filing 51 MINUTE ORDER In light of #50 Final Judgment in Case No. 20-cv-02170-PAB-STV, Case No. 20-cv-02838-PAB-STV is no longer consolidated with Case No. 20-cv-02170-PAB-STV and all future filings related to Case No. 20-cv-02838-PAB-STV shall be made in the separate docket for that case with a case caption that only references Case No. 20-cv-02838-PAB-STV. Similarly, any future filings related to Case No. 20-cv-02170-PAB-STV shall only reference that case number. The Clerk of Court is directed to enter Docket Nos. 44, 46, and 48 from Case No. 20-cv-02170-PAB-STV into the docket for Case No. 20-cv-02838-PAB-STV. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/13/2021. Text Only Entry (stvlc1, )
September 30, 2021 Opinion or Order Filing 50 FINAL JUDGMENT by Clerk in favor of Kathryn Palm against Esurance Property and Casualty Insurance Company re: #49 Order on Motion to Dismiss entered by Chief Judge Philip A. Brimmer on 9/30/2021. (rkeec)
September 30, 2021 Opinion or Order Filing 49 ORDER by Chief Judge Philip A. Brimmer on 9/30/2021, re: #15 Defendant Kathryn Palms Motion to Dismiss is GRANTED. ORDERED that Esurance Property and Casualty Insurance Companys claim for declaratory judgment is DISMISSED without prejudice..(sphil, )
August 31, 2021 Opinion or Order Filing 48 ORDER granting #46 Motion to Amend #44 Scheduling Order. The deadline for affirmative expert disclosures is extended until 11/09/2021, and the deadline for rebuttal expert disclosures is extended until 12/10/2021. The deadline to complete Discovery is extended until 1/11/2022, and the Dispositive Motions deadline is extended until 2/8/2022. The Final Pretrial Conference set for 2/9/2022 09:30 AM is VACATED and RESET for 4/13/2022 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties shall file a joint Proposed Pretrial Order by 4/6/2022. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/31/2021. Text Only Entry(stvlc1, )
August 31, 2021 Opinion or Order Filing 47 MEMORANDUM regarding #46 Joint MOTION to Amend/Correct/Modify #44 Scheduling Order filed by Esurance Property and Casualty Insurance Company. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 8/31/2021. Text Only Entry (pabsec)
August 31, 2021 Filing 46 Joint MOTION to Amend/Correct/Modify #44 Scheduling Order by Plaintiff Esurance Property and Casualty Insurance Company. (Brophy, William)
May 10, 2021 Filing 45 STIPULATION for Extension of Time to Respond to Plaintiff's First Set of Discovery Requests by Defendant Kathryn Palm. (Sitcoff, Jeremy)
February 10, 2021 Opinion or Order Filing 44 SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 2/10/2021. (morti, )
February 10, 2021 Filing 43 MINUTE ENTRY for Telephone Scheduling Conference held before Magistrate Judge Scott T. Varholak on 2/10/2021. Discovery due by 11/12/2021. Dispositive Motions due by 12/10/2021. Final Pretrial Conference set for 2/9/2022 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. FTR: 402. (morti, )
February 3, 2021 Filing 42 Proposed Scheduling Order by Plaintiff Esurance Property and Casualty Insurance Company. (Brophy, William)
January 29, 2021 Filing 41 NOTICE of Change of Address/Contact Information Email and Telephone Number by Evan Bennett Stephenson (Stephenson, Evan)
January 29, 2021 Filing 40 NOTICE of Change of Address/Contact Information Email and Telephone Number by William Michael Brophy (Brophy, William)
January 29, 2021 Filing 39 NOTICE of Change of Address/Contact Information Email and Telephone Number by Terence M. Ridley (Ridley, Terence)
January 15, 2021 Opinion or Order Filing 38 MINUTE ORDER re: #37 Stipulation of Dismissal of Party by Chief Judge Philip A. Brimmer on 01/15/2021. All claims asserted by plaintiffs against Mr.Dahmer were dismissed without prejudice as of the entry of the stipulation for dismissal [Docket No. 37]. No order of dismissal is necessary. (rvill, )
January 15, 2021 Filing 37 STIPULATION of Dismissal of Party Defendant John J. Dahmer by Plaintiff Esurance Property and Casualty Insurance Company. (Ridley, Terence)
December 31, 2020 Opinion or Order Filing 36 MINUTE ORDER by Chief Judge Philip A. Brimmer on 12/31/2020, re: #35 Motion for Extension of Time to File is GRANTED. Defendants may file their answer to Plaintiff's Complaint and Jury Demand [Docket No.1 ] on or before January 18, 2021. Text Only Entry.(sphil, )
December 30, 2020 Filing 35 Unopposed MOTION for Extension of Time to Respond to Plaintiff's Complaint and Jury Demand by Defendant John J. Dahmer. (Levy, Marc)
December 17, 2020 Opinion or Order Filing 34 MINUTE ORDER Due to a conflict on the Court's calendar, the Scheduling Conference set for 1/28/2021 9:15 AM is VACATED and RESET for 2/10/2021 10:00 AM before Magistrate Judge Scott T. Varholak. The parties shall participate in the conference by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in, and are instructed to simply wait until their case is called. The parties shall submit a joint Proposed Scheduling Order on or before 2/3/2021. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/17/2020. Text Only Entry (stvlc2, )
December 4, 2020 Filing 33 REPLY to Response to #15 MOTION to Dismiss filed by Defendant Kathryn Palm. (Sitcoff, Jeremy)
November 30, 2020 Filing 32 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Esurance Property and Casualty Insurance Company All parties do not consent.. (Brophy, William)
November 24, 2020 Opinion or Order Filing 31 MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/24/2020, re: #30 Defendant Kathryn Palms Unopposed Motion for Extension of Time to File Reply in Support of Motion to Dismiss is GRANTED. Defendants shall respond on or before December 4, 2020. Text Only Entry.(sphil, )
November 23, 2020 Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss by Defendant Kathryn Palm. (Sitcoff, Jeremy)
November 13, 2020 Filing 29 RESPONSE to #15 MOTION to Dismiss Plaintiffs Response To Defendant Kathryn Palms Motion To Dismiss (ECF No. 15) filed by Plaintiff Esurance Property and Casualty Insurance Company. (Attachments: #1 Exhibit A)(Brophy, William)
November 10, 2020 Filing 28 WAIVER OF SERVICE Returned Executed by Esurance Property and Casualty Insurance Company. John J. Dahmer waiver sent on 11/3/2020, answer due 1/2/2021. (Ridley, Terence)
November 10, 2020 Opinion or Order Filing 27 ORDER granting #25 Plaintiff Esurance Property and Casualty Insurance Company's Motion for Extension of Time to Serve the Summons and Complaint on Defendant John J. Dahmer until 11/24/2020. In light of that extension and to allow Defendant Dahmer sufficient time to participate in conferral on an appropriate scheduling order, the Telephonic Scheduling Conference set for 12/3/2020 09:15 AM is VACATED and RESET for 1/28/2021 09:15 AM before Magistrate Judge Scott T. Varholak. The parties shall participate in the Scheduling Conference by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in, and are instructed to simply wait until their case is called. The parties shall file a joint proposed scheduling order on or before 1/21/2021. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/10/2020. Text Only Entry(stvlc1, )
November 10, 2020 Filing 26 MEMORANDUM regarding #25 Unopposed MOTION for Extension of Time to Unopposed Motion For Extension Of Time To Serve The Summons And Complaint On Defendant John J. Dahmer filed by Esurance Property and Casualty Insurance Company. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 11/10/2020. Text Only Entry (pabsec2)
November 9, 2020 Filing 25 Unopposed MOTION for Extension of Time to Unopposed Motion For Extension Of Time To Serve The Summons And Complaint On Defendant John J. Dahmer by Plaintiff Esurance Property and Casualty Insurance Company. (Brophy, William)
November 3, 2020 Opinion or Order Filing 24 ORDER by Chief Judge Philip A. Brimmer on 11/3/2020 re: #23 Motion for Extension of Time to File Response/Reply is GRANTED. Defendant shall respond to #15 Motion to Dismiss on or before November 13, 2020. Text Only Entry(pabsec2)
November 3, 2020 Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Dismiss by Plaintiff Esurance Property and Casualty Insurance Company. (Brophy, William)
November 2, 2020 Filing 22 SUMMONS issued by Clerk as to John J. Dahmer. (sphil, )
October 30, 2020 Filing 21 SUMMONS REQUEST as to John J. Dahmer re #1 Complaint, by Plaintiff Esurance Property and Casualty Insurance Company. (Ridley, Terence)
October 30, 2020 Filing 20 PLEASE DISREGARD - SUMMONS REQUEST as to John J. Dahmer re #1 Complaint, by Plaintiff Esurance Property and Casualty Insurance Company. (Ridley, Terence) Modified on 10/30/2020 summons not issued caption is incorrect. (sphil, ).
October 28, 2020 Opinion or Order Filing 19 ORDER by Chief Judge Philip A. Brimmer on 10/28/2020, re: #12 Unopposed Motion to Consolidate Related Cases is GRANTED. ORDERED that, pursuant to Fed. R. Civ. P. 42(a) and D.C.COLO.LCivR 42.1, Civil Action Nos. 20-cv-02838-NYW and 20-cv-02170-PAB-STV shall be consolidated. ORDERED that, pursuant to D.C.COLO.LCivR 42.1, Civil Action No. 20-cv- 02838-NYW shall be assigned to Chief Judge Philip A. Brimmer. ORDERED that Civil Action 20-cv-02838-NYW shall hereafter be referred to the magistrate judge assigned to the lowest numbered case, Magistrate Judge Scott T. Varholak. (sphil, )
October 19, 2020 Opinion or Order Filing 18 ORDER granting #16 Plaintiff's Motion for Extension of Time to Serve the Summons and Complaint on Defendant John J. Dahmer until 11/10/2020, by Magistrate Judge Scott T. Varholak on 10/19/2020. Text Only Entry(stvlc1, )
October 19, 2020 Filing 17 MEMORANDUM regarding #16 Unopposed MOTION for Extension of Time to Serve the Summons and Complaint on Defendant John J. Dahmer filed by Esurance Property and Casualty Insurance Company. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 10/19/2020. Text Only Entry (pabsec2)
October 19, 2020 Filing 16 Unopposed MOTION for Extension of Time to Serve the Summons and Complaint on Defendant John J. Dahmer by Plaintiff Esurance Property and Casualty Insurance Company. (Brophy, William)
October 16, 2020 Filing 15 MOTION to Dismiss by Defendant Kathryn Palm. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sitcoff, Jeremy)
October 16, 2020 Filing 14 NOTICE of Entry of Appearance by Bradley Aaron Levin on behalf of Kathryn PalmAttorney Bradley Aaron Levin added to party Kathryn Palm(pty:dft) (Levin, Bradley)
October 16, 2020 Filing 13 NOTICE of Entry of Appearance by Jeremy Andrew Sitcoff on behalf of Kathryn PalmAttorney Jeremy Andrew Sitcoff added to party Kathryn Palm(pty:dft) (Sitcoff, Jeremy)
October 13, 2020 Filing 12 Unopposed MOTION to Consolidate Cases by Plaintiff Esurance Property and Casualty Insurance Company. (Ridley, Terence)
September 28, 2020 Opinion or Order Filing 11 MINUTE ORDER Based upon communications with Chambers, the Court understands that Plaintiff intends to file a motion to consolidate this matter with Civil Action No. 20-cv-02838-NYW. Accordingly, the Scheduling Conference set for 10/6/2020 09:30 AM is VACATED and RESET for 12/3/2020 09:15 AM before Magistrate Judge Scott T. Varholak. The parties shall participate in the Scheduling Conference TELEPHONICALLY by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in, and are instructed to simply wait until their case is called. The parties shall file a joint proposed scheduling order on or before 11/25/2020. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/28/2020. Text Only Entry (stvlc1, )
September 28, 2020 Filing 10 NOTICE of Entry of Appearance by William Michael Brophy on behalf of Esurance Property and Casualty Insurance CompanyAttorney William Michael Brophy added to party Esurance Property and Casualty Insurance Company(pty:pla) (Brophy, William)
September 25, 2020 Opinion or Order Filing 9 MINUTE ORDER The parties shall participate in the Scheduling Conference set for 10/6/2020 09:30 AM TELEPHONICALLY by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in, and are instructed to simply wait until their case is called. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/25/2020. Text Only Entry (stvlc1, )
September 18, 2020 Filing 8 NOTICE OF CASE ASSOCIATION by Terence M. Ridley on behalf of Esurance Property and Casualty Insurance Company (Ridley, Terence)
August 18, 2020 Filing 7 WAIVER OF SERVICE Returned Executed by Esurance Property and Casualty Insurance Company. Kathryn Palm waiver sent on 8/17/2020, answer due 10/16/2020. (Ridley, Terence)
July 28, 2020 Opinion or Order Filing 6 ORDER Setting Scheduling Conference for 10/6/2020 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Proposed Scheduling Order due 9/29/2020, by Magistrate Judge Scott T. Varholak on 7/28/2020. (jgonz, )
July 28, 2020 Opinion or Order Filing 5 ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak for non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 7/28/2020. Text Only Entry (pabsec2)
July 24, 2020 Filing 4 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Allstate Insurance Holdings, LLC, Corporate Parent The Allstate Corporation, Corporate Parent Esurance Holdings, Inc., Corporate Parent Esurance Insurance Company for Esurance Property and Casualty Insurance Company. (Stephenson, Evan)
July 22, 2020 Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). NO SUMMONS ISSUED. (jtorr, )
July 22, 2020 Filing 2 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (jtorr, )
July 22, 2020 Filing 1 COMPLAINT and Jury Demand against John J. Dahmer, Kathryn Palm (Filing fee $ 400,Receipt Number 1082-7400193)Attorney Terence M. Ridley added to party Esurance Property and Casualty Insurance Company(pty:pla), filed by Esurance Property and Casualty Insurance Company. (Attachments: #1 Civil Cover Sheet)(Ridley, Terence)

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Defendant: John J. Dahmer
Represented By: Marc R. Levy
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Defendant: Kathryn Palm
Represented By: Bradley Aaron Levin
Represented By: Jeremy Andrew Sitcoff
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Plaintiff: Esurance Property and Casualty Insurance Company
Represented By: Terence M. Ridley
Represented By: Evan Bennett Stephenson
Represented By: William Michael Brophy
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