Wood v. Allstate Insurance Company
Plaintiff: Beverly Wood
Defendant: Allstate Insurance Company
Case Number: 1:2021cv00931
Filed: March 31, 2021
Court: US District Court for the District of Colorado
Presiding Judge: Kathleen M Tafoya
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on May 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 7, 2021 Opinion or Order Filing 35 ORDER re: adoption of #34 Scheduling Order with modifications. By Magistrate Judge Kathleen M. Tafoya on 5/7/2021. (evaug )
May 7, 2021 Opinion or Order Filing 34 SCHEDULING ORDER: Discovery due by 12/8/2021. Dispositive Motions due by 1/10/2022. By Magistrate Judge Kathleen M. Tafoya on 5/7/2021. (evaug )
May 6, 2021 Filing 33 Proposed Scheduling Order by Defendant Allstate Insurance Company. (Lazar, Cheri)
April 27, 2021 Opinion or Order Filing 32 ORDER Referring Case Pursuant to 28 U.S.C. 636(c). The above action is referred for disposition to the Magistrate Judge currently assigned to the case. The Clerk shall amend the case number to 21-cv-00931-KMT. By Judge Raymond P. Moore on April 27, 2021. (rvill, )
April 27, 2021 Filing 31 CONSENT to Jurisdiction of Magistrate Judge by Defendant Allstate Insurance Company All parties consent.. (Lazar, Cheri)
April 20, 2021 Filing 30 ANSWER to #5 Complaint and Affirmative Defenses by Allstate Insurance Company.(Henkel, Kurt)
April 20, 2021 Opinion or Order Filing 29 ORDER SETTING INITIAL CASE DEADLINES. Proposed Scheduling Order due 5/11/2021. By Magistrate Judge Kathleen M. Tafoya on 04/20/2021. (evaug )
April 20, 2021 Opinion or Order Filing 28 ORDER. The Motion to Vacate (ECF No. #17 ) is GRANTED and the judgment entered in the El Paso District Court (ECF No. 1-10) is hereby VACATED; the Motion for Ruling (ECF No. #21 ) is DENIED AS MOOT; the Surety Bond (ECF No. #25 ) is hereby RELEASED; and, on or before April 22, 2021, Defendant may file their answer (ECF No. 17-4) as a separate docket entry. By Judge Raymond P. Moore on April 20, 2021. (rvill, )
April 19, 2021 Filing 27 REPLY to Response to #17 MOTION to Vacate Default and Judgment Pursuant to Fed.R.Civ.P. 60(b)(1) and (6) and 55(c) filed by Defendant Allstate Insurance Company. (Henkel, Kurt)
April 14, 2021 Opinion or Order Filing 26 ORDER. Pursuant to Fed. R. Civ. P. 62(b), the Surety Bond submitted by Defendant at ECF No. #25 is hereby APPROVED; and Enforcement of the El Paso District Court's judgment (ECF No. 1-10) is STAYED pursuant to Fed. R. Civ. P. 62 until a ruling is made on Defendant's Motion to Vacate (ECF No. #17 ), unless further extended by the Court. By Judge Raymond P. Moore on April 14, 2021. (rvill, )
April 13, 2021 Filing 25 SURETY BOND posted by Defendant Allstate Insurance Company re: #22 Order. (Attachments: #1 Power of Attorney, #2 Letter)(rvill, )
April 13, 2021 Filing 24 RESPONSE to #17 MOTION to Vacate Default and Judgment Pursuant to Fed.R.Civ.P. 60(b)(1) and (6) and 55(c) filed by Plaintiff Beverly Wood. (LaCrue, DezaRae)
April 8, 2021 Filing 23 NOTICE of Filing Updated State Court Docket and Pleadings by Defendant Allstate Insurance Company (Attachments: #1 Exhibit A - Register of Actions _Case 2020CV30915, #2 Exhibit B - Order re Motion to Stay_Case 2020CV30915, #3 Exhibit C - Order re Motion to Vacate_Case 2020CV30915)(Lazar, Cheri)
April 7, 2021 Opinion or Order Filing 22 ORDER. Defendant's Motion to Stay Execution of Judgment (ECF No. #20 ) is GRANTED; the request to stay the execution of the El Paso Court judgment is GRANTED upon the posting of a bond in the amount of $260,177.50 on or before April 14, 2021; in accordance with Fed. R. Civ. P. 62(b), the bond shall be effective upon the Court's approval and will remain in effect until a ruling is made on Defendant's Motion to Vacate (ECF No. #17 ) unless further extended by the Court; and the automatic stay to enforce the judgment under Fed. R. Civ. P. 62(a) is extended to and including Wednesday, April 14, 2021. By Judge Raymond P. Moore on April 7, 2021. (rvill, )
April 7, 2021 Filing 21 MOTION for Ruling by Defendant Allstate Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Henkel, Kurt)
April 6, 2021 Filing 20 MOTION to Stay Execution of Judgment by Defendant Allstate Insurance Company. (Henkel, Kurt)
April 5, 2021 Opinion or Order Filing 19 ORDER. Defendant's Motion to Stay (ECF No. #13 ) is DENIED WITHOUT PREJUDICE with leave to refile under the Federal Rules of Civil Procedure, by Judge Raymond P. Moore on 4/5/2021.(angar, )
April 5, 2021 Opinion or Order Filing 18 ORDER: Upon consideration of the refiled Motion to Vacate (ECF No. #17 ), the previously filed Motion to Vacate #12 is DENIED WITHOUT PREJUDICE AS MOOT. SO ORDERED by Judge Raymond P. Moore on 4/5/2021. (Text Only Entry)(rmsec )
April 3, 2021 Filing 17 MOTION to Vacate Default and Judgment Pursuant to Fed.R.Civ.P. 60(b)(1) and (6) and 55(c) by Defendant Allstate 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)(Henkel, Kurt)
April 2, 2021 Filing 16 NOTICE of Entry of Appearance by DezaRae D. LaCrue on behalf of Beverly WoodAttorney DezaRae D. LaCrue added to party Beverly Wood(pty:pla) (LaCrue, DezaRae)
April 1, 2021 Filing 15 REPLY to Response to #12 MOTION to Vacate #10 Notice (Other),,,, filed by Defendant Allstate Insurance Company. (Attachments: #1 Exhibit J)(Lazar, Cheri)
April 1, 2021 Filing 14 RESPONSE to #12 MOTION to Vacate #10 Notice (Other),,,, filed by Defendant Allstate Insurance Company. (Attachments: #1 Exhibit 1)(Lazar, Cheri)
April 1, 2021 Filing 13 MOTION to Stay re #10 Notice (Other),,,, by Defendant Allstate Insurance Company. (Lazar, Cheri)
April 1, 2021 Filing 12 MOTION to Vacate #10 Notice (Other),,,, by Defendant Allstate 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)(Lazar, Cheri)
April 1, 2021 Opinion or Order Filing 11 MINUTE ORDER: After reviewing Defendant's Notice #10 , the Court finds it fails to comply with D.C.COLO.LCivR 81.1. Specifically, Local Rule 81.1 requires the removing party to "separately file each pending motion, petition, and related response, reply, and brief." (Emphasis added.) Accordingly, by Friday, April 2, 2021, Defendant is ORDERED to separately file the motions, response, and reply attached to ECF No. #10 . SO ORDERED by Judge Raymond P. Moore on 4/1/2021. (Text Only Entry) (rmsec )
April 1, 2021 Filing 10 NOTICE of Filing State Court Pleadings by Defendant Allstate Insurance Company (Attachments: #1 Allstate's Motion to Vacate Judgment Pursuant to C.R.C.P. 60(b)(1) and (5) and C.R.C.P. 55(c), #2 Exhibit A to Allstate's Motion to Vacate, #3 Exhibit B to Allstate's Motion to Vacate, #4 Exhibit C to Allstate's Motion to Vacate, #5 Exhibit D to Allstate's Motion to Vacate, #6 Exhibit E to Allstate's Motion to Vacate, #7 Exhibit F to Allstate's Motion to Vacate, #8 Exhibit G to Allstate's Motion to Vacate, #9 Exhibit H to Allstate's Motion to Vacate, #10 Exhibit I to Allstate's Motion to Vacate, #11 Allstate's Motion to Stay Execution of Judgment and Request for Immediate Ruling, #12 Plaintiff's Response to Motion to Set Aside Default, #13 Exhibit 1 to Plaintiff's Response to Motion to Set Aside Default, #14 Allstate's Reply in Support of its Motion to Vacate, #15 Exhibit J to Allstate's Reply in Support of Motion to Vacate)(Lazar, Cheri)
April 1, 2021 Opinion or Order Filing 9 MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 4/1/2021. (Text Only Entry) (rmsec )
April 1, 2021 Opinion or Order Filing 8 ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya. 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, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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 Judge Raymond P. Moore on 4/1/2021. (Text Only Entry) (rmsec )
March 31, 2021 Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jsalz, )
March 31, 2021 Filing 6 AFFIDAVIT/RETURN of Service of Summons and Complaint upon Allstate Insurance Company on 05/13/2020. (jsalz, )
March 31, 2021 Filing 5 COMPLAINT against Allstate Insurance Company, filed by Beverly Wood.(jsalz, )
March 31, 2021 Filing 4 Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (jsalz, )
March 31, 2021 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, )
March 31, 2021 Filing 2 NOTICE of Entry of Appearance by Cheri R. Lazar on behalf of Allstate Insurance CompanyAttorney Cheri R. Lazar added to party Allstate Insurance Company(pty:dft) (Lazar, Cheri)
March 31, 2021 Filing 1 NOTICE OF REMOVAL by Allstate Insurance Company from El Paso County, Case Number 2020CV030915. (Filing fee $ 402, Receipt Number 1082-7793375), filed by Allstate Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Henkel, Kurt)

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Defendant: Allstate Insurance Company
Represented By: Cheri R. Lazar
Represented By: Kurt Hans Henkel
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Plaintiff: Beverly Wood
Represented By: DezaRae D. LaCrue
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