RK Mechanical, Inc. et al v. Continental Casualty Company
Plaintiff: RK Mechanical, Inc. and RK Henderson, LLC
Defendant: Continental Casualty Company
Case Number: 1:2020cv02810
Filed: September 16, 2020
Court: US District Court for the District of Colorado
Presiding Judge: Philip A Brimmer
Referring Judge: S Kato Crews
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Insurance Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 10, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 10, 2021 Filing 33 Civil Case Terminated pursuant to #32 STIPULATION of Dismissal of Case With Prejudice filed in this case. Text Only Entry. (sphil, )
May 10, 2021 Filing 32 STIPULATION of Dismissal of Case With Prejudice by Counter Claimant Continental Casualty Company, Defendant Continental Casualty Company. (Powers, Brendan)
April 30, 2021 Opinion or Order Filing 31 MINUTE ORDER re: #30 Status Report filed by Continental Casualty Company. The parties may have up to and including May 10, 2021, to file the appropriate dismissal papers. By Magistrate Judge S. Kato Crews on 4/30/2021. Text Only Entry (skclc1)
April 29, 2021 Filing 30 Joint STATUS REPORT by Counter Claimant Continental Casualty Company, Defendant Continental Casualty Company. (Powers, Brendan)
April 28, 2021 Opinion or Order Filing 29 MINUTE ORDER: On January 18, 2021, the parties indicated they would be attending a private mediation set for March 3, 2021. IT IS ORDERED that on or before the close of business May 3, 2021, the parties shall file a status report as to the outcome of the mediation and whether the case should be set for a scheduling conference. If the parties wish to convene a scheduling conference, they should also propose no less than three (3) mutually agreeable dates and times that they are available. Status Report due by 5/3/2021. SO ORDERED by Magistrate Judge S. Kato Crews on 4/28/2021. Text Only Entry (skclc1)
April 28, 2021 Filing 28 NOTICE of Entry of Appearance by Brendan O'Rourke Powers on behalf of Continental Casualty Company (Powers, Brendan)
April 26, 2021 Filing 27 ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Brendan O'Rourke Powers was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (mfred)
January 18, 2021 Filing 26 NOTICE of Mediation by Counter Defendants RK Henderson, LLC, RK Mechanical, Inc., Plaintiffs RK Henderson, LLC, RK Mechanical, Inc. (Liff, Melissa)
October 22, 2020 Opinion or Order Filing 25 ORDER REFERRING CASE to Magistrate Judge S. Kato Crews 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 10/22/2020. Text Only Entry (pabsec2)
October 22, 2020 Opinion or Order Filing 24 MINUTE ORDER. The Order to Show Cause [Docket No. #16 ] is hereby discharged, by Chief Judge Philip A. Brimmer on 10/22/2020. (angar, )
October 20, 2020 Filing 23 ANSWER/REPLY to #11 Answer to Complaint,, Counterclaim, by RK Henderson, LLC, RK Mechanical, Inc..(Liff, Melissa)
October 20, 2020 Filing 22 RESPONSE TO ORDER TO SHOW CAUSE re #16 by Counter Claimant Continental Casualty Company, Defendant Continental Casualty Company. (Powers, Brendan)
October 20, 2020 Filing 21 STIPULATION of Jurisdictional Facts by Counter Claimant Continental Casualty Company, Defendant Continental Casualty Company. (Powers, Brendan)
October 14, 2020 Opinion or Order Filing 20 ORDER by Chief Judge Philip A. Brimmer on 10/14/2020 re: #19 Motion for Extension of Time to Answer or Otherwise Respond is GRANTED IN PART. Plaintiffs shall file their answer or otherwise respond to #11 Answer to Complaint on or before October 21, 2020. Text Only Entry(pabsec2)
October 14, 2020 Filing 19 MOTION for Extension of Time to File Answer or Otherwise Respond re #11 Answer to Complaint,, Counterclaim, by Counter Defendants RK Henderson, LLC, RK Mechanical, Inc., Plaintiffs RK Henderson, LLC, RK Mechanical, Inc.. (Liff, Melissa)
October 13, 2020 Filing 18 NOTICE of Entry of Appearance by Pamela Dunlop Gates on behalf of Continental Casualty Company by Counter Claimant Continental Casualty Company, Defendant Continental Casualty Company (Attachments: #1 Exhibit Colorado District Court Certificate of Admission)(Gates, Pamela)
October 13, 2020 Opinion or Order Filing 17 MINUTE ORDER: In light of the #16 Order to Show Cause, the Scheduling Conference is VACATED. If the Order is discharged the parties shall jointly contact Judge Crews' chambers to select a date for a Scheduling Conference or a Status Conference as indicated in their Joint Notice. By Magistrate Judge S. Kato Crews on 10/13/2020. Text Only Entry (skclc1)
October 13, 2020 Opinion or Order Filing 16 ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 10/13/2020. ORDERED that, on or before October 21, 2020, defendant Continental Casualty shall show cause why this case should not be remanded to state court due to the Court's lack of subject matter jurisdiction. (sphil, )
October 8, 2020 Filing 15 NOTICE Joint Notice Regarding Proposed Scheduling Order and Motion for Status Conference by Counter Defendants RK Henderson, LLC, RK Mechanical, Inc., Plaintiffs RK Henderson, LLC, RK Mechanical, Inc. (Liff, Melissa)
October 8, 2020 Opinion or Order Filing 14 MINUTE ORDER Pursuant to ECF doc. 7 , the parties were ordered to file a proposed scheduling order by 10/7/2020. The docket indicates that a proposed scheduling order has not been filed. It is therefore ORDERED that parties file a proposed scheduling order and email a WORD copy to Crews_Chambers@cod.uscourts.gov, no later than NOON on 10/13/2020. SO ORDERED by Magistrate Judge S. Kato Crews on 10/8/2020. Text Only Entry (amont, )
October 6, 2020 Filing 13 CASE REASSIGNED pursuant to #12 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Chief Judge Philip A. Brimmer. All future pleadings should be designated as 20-cv-02810-PAB. (Text Only Entry) (jgonz, )
October 5, 2020 Filing 12 CONSENT to Jurisdiction of Magistrate Judge by Counter Defendants RK Henderson, LLC, RK Mechanical, Inc., Plaintiffs RK Henderson, LLC, RK Mechanical, Inc. All parties do not consent.. (Liff, Melissa)
September 23, 2020 Filing 11 Continental Casualty Company's ANSWER to #5 Complaint , Affirmative Defenses, COUNTERCLAIM for Declaratory Judgment against RK Henderson, LLC, RK Mechanical, Inc. by Continental Casualty Company. (Attachments: #1 Exhibit)(Powers, Brendan)
September 18, 2020 Filing 10 NOTICE of Entry of Appearance by Dennis Boyd Polk on behalf of All Plaintiffs Attorney Dennis Boyd Polk added to party RK Henderson, LLC(pty:pla), Attorney Dennis Boyd Polk added to party RK Mechanical, Inc.(pty:pla) (Polk, Dennis)
September 17, 2020 Filing 9 NOTICE of Entry of Appearance by Melissa Ray Liff on behalf of All Plaintiffs Attorney Melissa Ray Liff added to party RK Henderson, LLC(pty:pla), Attorney Melissa Ray Liff added to party RK Mechanical, Inc.(pty:pla) (Liff, Melissa)
September 17, 2020 Filing 8 NOTICE of Entry of Appearance by Jack David Robinson on behalf of Continental Casualty CompanyAttorney Jack David Robinson added to party Continental Casualty Company(pty:dft) (Robinson, Jack)
September 17, 2020 Opinion or Order Filing 7 MINUTE ORDER: Setting Telephonic Rule 16(b) Scheduling Conference. The Telephonic Scheduling Conference is set for 10/14/2020 at 11:00 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 10/7/200. The Magistrate Judge Consent Form [#6 ] is due 10/7/2020. 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 9/17/2020. Text Only Entry (skclc1)
September 16, 2020 Filing 6 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jsalz, )
September 16, 2020 Filing 5 COMPLAINT AND JURY DEMAND against Continental Casualty Company, filed by RK Mechanical, Inc., RK Henderson, LLC.(jsalz, )
September 16, 2020 Filing 4 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (jsalz, )
September 16, 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) (jsalz, )
September 16, 2020 Filing 2 CORPORATE DISCLOSURE STATEMENT. (Powers, Brendan)
September 16, 2020 Filing 1 NOTICE OF REMOVAL by Continental Casualty Company from Denver County District Court, Case Number 2020CV32466. (Filing fee $ 400, Receipt Number 1082-7490949), filed by Continental Casualty Company. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, Pleadings and Orders, #3 Exhibit C - Kinning Profile, #4 Civil Cover Sheet, #5 Supplemental Civil Cover Sheet, #6 Preliminary Record Complaint, #7 Preliminary Record Civil Cover Sheet, #8 Preliminary Record Delay Reduction Order)(Powers, Brendan)

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Plaintiff: RK Mechanical, Inc.
Represented By: Dennis Boyd Polk
Represented By: Melissa Ray Liff
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Plaintiff: RK Henderson, LLC
Represented By: Dennis Boyd Polk
Represented By: Melissa Ray Liff
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Defendant: Continental Casualty Company
Represented By: Brendan O'Rourke Powers
Represented By: Pamela Dunlop Gates
Represented By: Jack David Robinson
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