Castillo-Serrano v. Allstate Insurance Company
Plaintiff: Francisco Castillo-Serrano
Defendant: Allstate Insurance Company and Allstate Fire and Casualty Insurance Company
Case Number: 1:2020cv02390
Filed: August 11, 2020
Court: US District Court for the District of Colorado
Presiding Judge: Daniel D Domenico
Referring Judge: N Reid Neureiter
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 8, 2020 Opinion or Order Filing 29 MINUTE ORDER by Magistrate Judge N. Reid Neureiter on 10/8/20 re: #28 Notice of Settlement filed by Allstate Fire and Casualty Insurance Company, Allstate Insurance Company. In light of the Notice of Settlement, IT IS HEREBY ORDERED that the telephonic Scheduling Conference set on October 14, 2020 at 10:30 a.m. is VACATED. Dismissal Paper due by 11/9/2020. (nmarb, )
October 8, 2020 Filing 28 NOTICE of Settlement by Defendants Allstate Fire and Casualty Insurance Company, Allstate Insurance Company (Schultz, Jessica)
September 30, 2020 Filing 27 RESPONSE to #20 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 41(b) Plaintiff's Response to Defendant Allstate Fire and Casualty Insurance Company's Motion to Dismiss Pursuant to Fed.R.Civ.P. 41(b) filed by Plaintiff Francisco Castillo-Serrano. (Dulin, Kari)
September 30, 2020 Filing 26 RESPONSE to #21 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) Plaintiff's Response to Defendant Allstate Insurance Company's Motion to Dismiss Pursuant to FRCP 12(b)(6) filed by Plaintiff Francisco Castillo-Serrano. (Attachments: #1 Exhibit Exhibit 1 to Response Motion to Dismiss Defendant AIC, #2 Exhibit Exhibit 2 to Response Motion to Dismiss Defendant AIC, #3 Exhibit Exhibit 3 to Response Motion to Dismiss Defendant AIC, #4 Exhibit Exhibit 4 to Response Motion to Dismiss Defendant AIC, #5 Exhibit Exhibit 5 to Response Motion to Dismiss Defendant AIC)(Dulin, Kari)
September 25, 2020 Opinion or Order Filing 25 ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. 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 Local Civ. R. 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, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, 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 Daniel D. Domenico on 9/25/2020. Text Only Entry (dddlc3, )
September 24, 2020 Filing 24 CASE REASSIGNED pursuant to #23 . All parties do not consent. This case is randomly reassigned to Judge Daniel D. Domenico. All future pleadings should be designated as 20-cv-02390-DDD. (Text Only Entry) (cmadr, )
September 24, 2020 Filing 23 CONSENT to Jurisdiction of Magistrate Judge by Defendants Allstate Fire and Casualty Insurance Company, Allstate Insurance Company All parties do not consent.. (Schultz, Jessica)
September 24, 2020 Filing 22 Proposed Scheduling Order by Defendants Allstate Fire and Casualty Insurance Company, Allstate Insurance Company. (Schultz, Jessica)
September 9, 2020 Filing 21 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) by Defendant Allstate Insurance Company. (Attachments: #1 Exhibit A)(Schultz, Jessica)
September 9, 2020 Filing 20 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 41(b) by Defendant Allstate Insurance Company. (Schultz, Jessica)
September 2, 2020 Filing 19 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #17 Amended Complaint filed by attorneyKari Jones Dulin.Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a completed signature block to all future documents.(Text Only Entry) (cmadr, )
September 1, 2020 Opinion or Order Filing 18 MINUTE ORDER by Magistrate Judge N. Reid Neureiter on 1 September 2020. IT IS HEREBY ORDERED that the telephonic Scheduling Conference set on October 6, 2020 at 2:00 is RESET on October 14, 2020 at 10:30 a.m. The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
August 31, 2020 Filing 17 AMENDED COMPLAINT Plaintiff's Second Amended Complaint against All Defendants, filed by Francisco Castillo-Serrano.(Dulin, Kari)
August 28, 2020 Opinion or Order Filing 16 Minute ORDER by Magistrate Judge N. Reid Neureiter on 28 August 2020. In light of the Notice of Non-Opposition to Plaintiff's Motion for Leave to File Second Amended Complaint (Dkt. #15 ), it is HEREBY ORDERED that Plaintiff's Motion for Leave to File Second Amended Complaint (Dkt. #12 ) is GRANTED for good cause shown. Plaintiff is directed to file a clean copy of the Second Amended Complaint no later than August 31, 2020. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
August 28, 2020 Filing 15 NOTICE re #12 MOTION for Leave to File 2nd Amended Complaint by Defendant Allstate Insurance Company (Schultz, Jessica)
August 27, 2020 Opinion or Order Filing 14 ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NON-CONSENT FORM by Magistrate Judge N. Reid Neureiter on 29 September 2020. IT IS HEREBY ORDERED that on or before September 29, 2020, the parties shall complete and file the Consent/Non-Consent Form (see Dkt. #8 ). Proposed Scheduling Order due 9/29/2020. Scheduling Conference set for 10/6/2020 02:00 PM in Courtroom C203 before Magistrate Judge N. Reid Neureiter.The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. (cmadr, )
August 18, 2020 Filing 13 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #12 filed by attorneys Kari Jones Dulin & Daniel Seth Foster. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (cmadr, )
August 17, 2020 Filing 12 MOTION for Leave to File 2nd Amended Complaint by Plaintiff Francisco Castillo-Serrano. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Re Motion for Leave, #2 Exhibit Exhibit 1 to Motion for Leave to File 2nd Amended Complaint, #3 Exhibit Exhibit 2 to Motion for Leave to File 2nd Amended Complaint, #4 Exhibit Exhibit 3 to Motion for Leave to File 2nd Amended Complaint)(Foster, Daniel)
August 17, 2020 Filing 11 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Allstate Insurance Company. Allstate Insurance Company answer due 9/1/2020. (Schultz, Jessica)
August 11, 2020 Filing 10 CERTIFICATE of Service by mail by Clerk of Court re #9 to Kari Jones Dulin, Foster Graham Milstein & Calisher LLP, 360 South Garfield St, 6th Floor, Denver CO 80209. Text Only Entry (cmadr, )
August 11, 2020 Opinion or Order Filing 9 MINUTE ORDER by Magistrate Judge N. Reid Neureiter on 11 August 2020. I would like to disclose to the parties that prior to my appointment as United States Magistrate Judge, while in private practice, I previously performed legal work as counsel on behalf of Allstate-affiliated entities. In light of this disclosure, it is hereby ORDERED that if any party feels that there exist grounds for recusal, such party should file a motion under 28 U.S.C. 455 no later than August 26, 2020. It is further ORDERED that that the Clerk of the Court shall mail a copy of this Order to Plaintiff's counsel, Kari Jones Dulin, Foster Graham Milstein & Calisher LLP, 360 South Garfield St, 6th Floor, Denver CO 80209. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
August 11, 2020 Filing 8 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jtorr, )
August 11, 2020 Filing 7 Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry. (jtorr, )
August 11, 2020 Filing 6 RETURN of Service of Summons, First Amended Complaint and Jury Demand, District Court Civil Case Cover Sheet upon Allstate Insurance Company on 07/21/2020. (jtorr, )
August 11, 2020 Filing 5 First AMENDED COMPLAINT and Jury Demand against Allstate Insurance Company, filed by Francisco Castillo-Serrano.(jtorr, )
August 11, 2020 Filing 4 COMPLAINT and Jury Demand against Allstate Insurance Company, filed by Francisco Castillo-Serrano.(jtorr, )
August 11, 2020 Filing 3 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 withdrawals 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, )
August 11, 2020 Filing 2 NOTICE of Entry of Appearance by Billy-George Hertzke on behalf of Allstate Fire and Casualty Insurance CompanyAttorney Billy-George Hertzke added to party Allstate Fire and Casualty Insurance Company(pty:dft) (Hertzke, Billy-George)
August 11, 2020 Filing 1 NOTICE OF REMOVAL by Allstate Fire and Casualty Insurance Company from Denver District Court, Case Number 2020CV31720. (Filing fee $ 400, Receipt Number 1082-7430331), filed by Allstate Fire and Casualty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Certification that "Notice of Filing of Notice of Removal" was Filed with State Court, #12 Civil Cover Sheet, #13 Supplemental Civil Cover Sheet, #14 State Court Pleading Index)(Schultz, Jessica)

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Plaintiff: Francisco Castillo-Serrano
Represented By: Kari Jones Dulin
Represented By: Daniel Seth Foster
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Defendant: Allstate Insurance Company
Represented By: Jessica R. Schultz
Represented By: Billy-George Hertzke
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Defendant: Allstate Fire and Casualty Insurance Company
Represented By: Jessica R. Schultz
Represented By: Billy-George Hertzke
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