Fountain v. Transamerica Life Insurance Company
Plaintiff: Jack A. Fountain
Defendant: Transamerica Life Insurance Company
Case Number: 1:2021cv01180
Filed: April 29, 2021
Court: US District Court for the District of Colorado
Presiding Judge: William J Martinez
Referring Judge: Kristen L Mix
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 21, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 21, 2021 Opinion or Order Filing 29 MINUTE ORDER denying as moot #23 Motion for Leave to Appear Telephonically at Scheduling Conference, by Magistrate Judge Kristen L. Mix on 6/21/21.(nmarb, )
June 21, 2021 Opinion or Order Filing 28 ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2020 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 6 /21/2021. Text Only Entry (wjmsec, )
June 21, 2021 Filing 27 CASE REASSIGNED. Pursuant to #26 Order of Recusal, This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 21-cv-01180 WJM. (Text Only Entry) (evana, )
June 21, 2021 Opinion or Order Filing 26 ORDER OF RECUSAL. Upon review of the file of this case, I conclude that I must recuse myself from further service in this case because of my professional relationship with Transamerica Life Insurance Company. It is, therefore, ORDERED that the judge's file be returned to the clerk and that the case be reassigned by random draw, by Judge Christine M. Arguello on 6/21/2021. (evana, )
June 21, 2021 Filing 25 MEMORANDUM regarding #23 MOTION for Leave to Appear by Telephone at Scheduling Conference filed by Jack A. Fountain. Motion referred to Magistrate Judge Kristen L. Mix by Judge Christine M. Arguello on 6/21/2021. Text Only Entry (cmasec)
June 18, 2021 Opinion or Order Filing 24 MINUTE ORDER by Magistrate Judge Kristen L. Mix on 6/18/21 granting #20 Motion to Reset. Proposed Scheduling Order due by 6/24/2021. Telephonic Scheduling Conference set for 6/24/21 at 11:00 AM is VACATED and RESET to 7/1/2021 11:00 AM before Magistrate Judge Kristen L. Mix.(nmarb, )
June 17, 2021 Filing 23 MOTION for Leave to Appear by Telephone at Scheduling Conference by Plaintiff Jack A. Fountain. (Garvey, Timothy)
June 17, 2021 Filing 22 Proposed Scheduling Order by Plaintiff Jack A. Fountain. (Garvey, Timothy)
June 16, 2021 Filing 21 MEMORANDUM regarding #20 Unopposed MOTION to Reset June 24, 2021 Scheduling Conference filed by Transamerica Life Insurance Company. Motion referred to Magistrate Judge Kristen L. Mix by Judge Christine M. Arguello on 6/16/2021. Text Only Entry (cmasec)
June 16, 2021 Filing 20 Unopposed MOTION to Reset June 24, 2021 Scheduling Conference by Defendant Transamerica Life Insurance Company. (Attachments: #1 Proposed Order (PDF Only) [Proposed] Order Granting Defendant's Unopposed Motion to Reschedule June 24, 2021 Scheduling Conference)(Daly, John)
June 9, 2021 Opinion or Order Filing 19 ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. Magistrate Judge Mix 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 6/9/2021. Text Only Entry (cmasec)
June 9, 2021 Opinion or Order Filing 17 MINUTE ORDER. This matter is before the Court sua sponte. IT IS HEREBY ORDERED that, in accordance with efforts to minimize the spread of COVID-19, all counsel or parties who wish to participate in, or members of the public who wish to listen into, the Scheduling Conference set for June 24, 2021, at 11:00 A.M. shall do so by telephone by calling the Court at 888-363-4749, Access Code: 2115325#, at the time of the hearing. by Magistrate Judge Kristen L. Mix on 6/9/2021. Text Only Entry (klmlc2, )
June 8, 2021 Opinion or Order Filing 16 MINUTE ORDER by Magistrate Judge Kristen L. Mix on 6/8/21 re: #15 Consent to Jurisdiction of Magistrate Judge, filed by Transamerica Life Insurance Company. At least one party in this civil action does not consent to have a United States Magistrate Judge conduct all proceedings. Accordingly, IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). (nmarb, )
June 7, 2021 Filing 18 CASE REASSIGNED pursuant to #15 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Christine M. Arguello. All future pleadings should be designated as 21-cv-01180-CMA. (Text Only Entry) (nmarb, )
June 7, 2021 Filing 15 CONSENT to Jurisdiction of Magistrate Judge by Defendant Transamerica Life Insurance Company All parties do not consent.. (Daly, John)
May 20, 2021 Filing 14 ANSWER to #6 Complaint with Affirmative Defenses by Transamerica Life Insurance Company.(Daly, John)
May 19, 2021 Opinion or Order Filing 13 ORDER by Magistrate Judge Kristen L. Mix on 5/19/21 Setting Scheduling/Planning Conference. Proposed Scheduling Order due by 6/17/2021. Scheduling/Planning Conference set for 6/24/2021 11:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: #1 Attachment 1, #2 Attachment 2) (nmarb, )
May 19, 2021 Opinion or Order Filing 12 MINUTE ORDER. Pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form [#8] is June 10, 2021. by Magistrate Judge Kristen L. Mix on 5/19/2021. Text Only Entry (klmlc2, )
May 5, 2021 Filing 11 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Plaintiff Jack A. Fountain. Jack A. Fountain answer due 5/6/2021. (Daly, John)
April 30, 2021 Filing 10 NOTICE of Entry of Appearance by Shawn E. McDermott on behalf of Jack A. FountainAttorney Shawn E. McDermott added to party Jack A. Fountain(pty:pla) (McDermott, Shawn)
April 30, 2021 Filing 9 NOTICE of Entry of Appearance by Timothy M. Garvey on behalf of Jack A. FountainAttorney Timothy M. Garvey added to party Jack A. Fountain(pty:pla) (Garvey, Timothy)
April 29, 2021 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. (jsalz, )
April 29, 2021 Filing 7 AFFIDAVIT of Service of Summons and Complaint upon Transamerica Life Insurance Company on 03/30/2021. (jsalz, )
April 29, 2021 Filing 6 COMPLAINT and Jury Demand against Transamerica Life Insurance Company, filed by Jack A. Fountain.(jsalz, )
April 29, 2021 Filing 5 Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry (jsalz, )
April 29, 2021 Filing 4 Administrative Notice: Notice to filer of non-compliance with Notice of Removal case opening procedures. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1, and 28 U.S.C. 1446(a).Each of the state court documents shall be individual PDFs. See Appendix B Notice of Removal, in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry) (jsalz, )
April 29, 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, )
April 29, 2021 Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Commonwealth General Corporation for Transamerica Life Insurance Company. (Daly, John)
April 29, 2021 Filing 1 NOTICE OF REMOVAL by Transamerica Life Insurance Company from District Court, Arapahoe County, Colorado, Case Number 2021CV30566. (Filing fee $ 402, Receipt Number 1082-7843343), filed by Transamerica Life Insurance Company. (Attachments: #1 Exhibit A - Summons and Complaint and Jury Demand, #2 Exhibit B - Affidavit of Service and Letters dated April 13, 2021, #3 Exhibit C - Declaration in Support of Notice of Removal, #4 Exhibit D - Policy, #5 Exhibit E - District Court Civil Cover Sheet, #6 Exhibit F - Delay Reduction Order, #7 Exhibit G - Order Regarding Plan for Settlement, #8 Exhibit H - State Court Docket, #9 Civil Cover Sheet Federal Civil Cover Sheet)(Daly, John)

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Plaintiff: Jack A. Fountain
Represented By: Shawn E. McDermott
Represented By: Timothy M. Garvey
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Defendant: Transamerica Life Insurance Company
Represented By: John K. Daly
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