Holtzman Enterprises, Inc. v. Continental Casualty Company et al
| Holtzman Enterprises, Inc. |
| Continental Casualty Company and CNA Financial Corporation |
| 1:2021cv01441 |
| May 27, 2021 |
| US District Court for the District of Colorado |
| Scott T Varholak |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 27, 2021. A more recent docket listing may be available from PACER.
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Filing 48
MINUTE ORDER Pursuant to D.C.COLO.LCivR 72.2(d), the parties shall complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form, available from the Courts website at www.cod.uscourts.gov, on or before 6/17/2021. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/27/2021. Text Only Entry (stvlc1, )
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| Filing 47 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jsalz, ) |
| Filing 46 Plaintiff's Class Action COMPLAINT against CNA Financial Corporation, Continental Casualty Company, filed by Holtzman Enterprises, Inc.(jsalz, ) |
| Filing 45 Plaintiff's Class Action COMPLAINT against CNA Financial Corporation, Continental Casualty Company, filed by Holtzman Enterprises, Inc.(jsalz, ) |
| Filing 44 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (jsalz, ) |
| Filing 43 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, ) |
| Filing 42 Case transferred in from District of Illinois Southern; Case Number 3:20-cv-01333. File, transfer order and docket sheet received |
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Filing 41
ORDER TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to United States District Court for the District of Colorado. Signed by Judge Stephen P. McGlynn on 5/27/2021. (jce) [Transferred from Illinois Southern on 5/27/2021.]
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| Filing 40 RESPONSE TO ORDER TO SHOW CAUSE by Continental Casualty Company filed by Continental Casualty Company. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Biennial Registration Report)(Timmins, David) [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 39 RESPONSE TO ORDER TO SHOW CAUSE by Holtzman Enterprises, Inc.. (Green, Kevin) [Transferred from Illinois Southern on 5/27/2021.] |
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Filing 38
ORDER TO SHOW CAUSE. Upon review of the pleadings in this action, it appears that both the District of Colorado and the Northern District of Illinois are more appropriate venues for further litigation. Rather than sua sponte transferring this action in its entirety pursuant to 28 U.S.C. 1404, the Court will allow the parties to SHOW CAUSE in writing on or before May 24, 2021, why this action should not be transferred. Should any party object to the transfer, the Court will address their objections when weighing whether transfer is warranted. Show Cause Response due by 5/24/2021. Signed by Judge Stephen P. McGlynn on 4/21/2021. (jce)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.[Transferred from Illinois Southern on 5/27/2021.]
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Filing 37
NOTICE AND ORDER: Pursuant to Local Rule 7.1 (SDIL-LR 7.1) regarding Motion Practice, all briefs shall not exceed 20 double-spaced typewritten pages and all reply briefs shall not exceed 5 pages. Documents #20 , #25 and #30 were all filed in violation of this rule in that they exceeded the page maximum. Parties should motion for excess pages before filing a brief that exceeds the maximum or risk the Court striking the filing. No further action is required by the filers in this instance as the Motion to Dismiss, Response and Reply have already been accepted. Signed by Judge Stephen P. McGlynn on 4/13/2021. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 5/27/2021.]
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| Filing 36 NOTICE by Continental Casualty Company re #20 MOTION to Dismiss for Failure to State a Claim Plaintiff's Class Action Complaint Notice of Supplemental Authority (Attachments: #1 Exhibit A, #2 Exhibit B)(Timmins, David) [Transferred from Illinois Southern on 5/27/2021.] |
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Filing 35
ORDER granting #34 Motion for Leave to File Supplemental Authority. Signed by Judge Stephen P. McGlynn on 3/25/2021. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 5/27/2021.]
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| Filing 34 MOTION for Leave to File Notice of Supplemental Authority by Continental Casualty Company. (Attachments: #1 Exhibit 1 - Proposed Notice of Supplemental Authority, #2 Exhibit A, #3 Exhibit B)(Timmins, David) [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 33 SUPPLEMENT by Holtzman Enterprises, Inc.. Supplemental Authority. (Green, Kevin) [Transferred from Illinois Southern on 5/27/2021.] |
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Filing 32
ORDER granting #31 Motion for Leave to File Supplemental Authority. Signed by Judge Stephen P. McGlynn on 3/2/2021. (jce)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 5/27/2021.]
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| Filing 31 MOTION for Leave to File Supplemental Authority in Support of Plaintiff's Response to Defendants' Motion to Dismiss by Holtzman Enterprises, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Green, Kevin) [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 30 REPLY to Response to Motion re #20 MOTION to Dismiss for Failure to State a Claim Plaintiff's Class Action Complaint filed by Continental Casualty Company. (Attachments: #1 Exhibit 1)(Timmins, David) [Transferred from Illinois Southern on 5/27/2021.] |
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Filing 29
NOTICE AND ORDER. By way of clarification, on 2/24/21 Plaintiff filed a Stipulation of Dismissal (Doc. 27) pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. A plain reading of Rule 41(a) suggests that dismissal under this rule should be used only to dismiss an entire action(rather than a particular claim against a particular defendant). See Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) (Rule 41(a) is limited to dismissal of an entire action and Rule 15(a) is the proper vehicle for adding or dropping parties and claims). While the Court acknowledges the plain reading of the rule, it finds that dismissing CNA Financial Corporation IN THIS CASE, rather than ordering amendment of the complaint, was in the interest of judicial economy and reiterates that dismissal was appropriate, as previously ordered 28 . See Quad/Graphics, Inc. v. Fass, 724 F.2d 1230.Signed by Judge Stephen P. McGlynn on 2/26/2021. (jce)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 5/27/2021.]
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Filing 28
NOTICE AND ORDER: Plaintiff filed a Notice of Voluntary Dismissal (Doc. 27) with respect to Defendant CNA Financial Corporation pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), which provides that a plaintiff may dismiss an action without a court order so long as the opposing party has not served either an answer or a motion for summary judgment. Here, Defendant CNA Financial Corporation, has not filed answer or motion for summary judgment. Accordingly, Plaintiff's Notice of Voluntary Dismissal (Doc. 27 ) is effective immediately upon filing and does not require judicial approval. See Nelson v. Napolitano, 657 F.3d 586 (7th Cir. 2011). The Clerk of Court is DIRECTED to terminate CNA Financial Corporation as a defendant in this matter. Signed by Judge Stephen P. McGlynn on 2/25/2021. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 5/27/2021.]
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| Filing 27 NOTICE of Voluntary Dismissal by Holtzman Enterprises, Inc. (Cornfeld, Richard) [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 26 NOTICE OF MODIFICATION re #25 Reply to Response to Motion,, filed by Holtzman Enterprises, Inc. Modified text entry to reflect that the attached document is a response and not a reply. No further action is required by the filer in relation to this notification. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 25 Response to Motion re #20 MOTION to Dismiss for Failure to State a Claim Plaintiff's Class Action Complaint filed by Holtzman Enterprises, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Green, Kevin) Modified on 2/16/2021 (kls3). [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 24 NOTICE by Holtzman Enterprises, Inc. of Supplemental Exhibits to Notice of Removal (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Green, Kevin) [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 23 NOTICE by CNA Financial Corporation, Continental Casualty Company re #2 Notice of Removal, of Omitted Exhibits to Exh. 2 of Defendants' Notice of Removal (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Affidavit Affidavit)(Timmins, David) [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 22 NOTICE of Appearance by Daniel Scott Levy on behalf of Holtzman Enterprises, Inc. (Levy, Daniel) [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 21 NOTICE of Appearance by Richard S. Cornfeld on behalf of Holtzman Enterprises, Inc. (Cornfeld, Richard) [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 20 MOTION to Dismiss for Failure to State a Claim Plaintiff's Class Action Complaint by CNA Financial Corporation, Continental Casualty Company. Responses due by 2/12/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Timmins, David) [Transferred from Illinois Southern on 5/27/2021.] |
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Filing 19
ORDER REASSIGNING CASE. Case reassigned to Judge Stephen P. McGlynn for all further proceedings. Judge J. Phil Gilbert no longer assigned to case. Signed by Judge J. Phil Gilbert on 1/6/2021. (jdh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 5/27/2021.]
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| Filing 18 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge J. Phil Gilbert for further proceedings. Magistrate Judge Mark A. Beatty no longer assigned to the case. All future documents must bear case number 3:20-cv-1333-JPG. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 17 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Grabel, Joshua) [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 16 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Green, Kevin) [Transferred from Illinois Southern on 5/27/2021.] |
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Filing 15
ORDER granting #14 Motion to Appear Pro Hac Vice by Attorney David H. Timmins on behalf of CNA Financial Corporation, Continental Casualty Company. (trb) [Transferred from Illinois Southern on 5/27/2021.]
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| Filing 14 MOTION to Appear Pro Hac Vice by Attorney David H. Timmins $200 fee paid,receipt number 0754-4360543 by on behalf of CNA Financial Corporation, Continental Casualty Company. (Timmins, David) [Transferred from Illinois Southern on 5/27/2021.] |
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Filing 13
ORDER GRANTING #11 Unopposed Motion for Extension of Time to Answer. Defendants request additional time to answer or otherwise respond to Plaintiff's class action complaint. Plaintiff does not oppose the motion. Accordingly, the motion is GRANTED. Defendants' response to Plaintiff's complaint is due on or before January 10, 2021. Signed by Magistrate Judge Mark A. Beatty on 12/16/2020. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 5/27/2021.]
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Filing 12
ORDER granting #10 Motion to Appear Pro Hac Vice of Attorney Joshua Grabel on behalf of Defendants Continental Casualty Company and CNA Financial Corporation. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 5/27/2021.]
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| Filing 11 MOTION for Extension of Time to File Answer (Unopposed) by CNA Financial Corporation, Continental Casualty Company. (Guffey, Joseph) [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 10 MOTION to Appear Pro Hac Vice by Attorney Joshua Grabel $200 fee paid,receipt number 0754-4357206 by on behalf of CNA Financial Corporation, Continental Casualty Company. (Grabel, Joshua) [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 9 NOTICE of Appearance by Thomas P. Rosenfeld on behalf of Holtzman Enterprises, Inc. (Rosenfeld, Thomas) [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 8 NOTICE of Appearance by Mark C. Goldenberg on behalf of Holtzman Enterprises, Inc. (Goldenberg, Mark) [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 7 NOTICE of Appearance by Kevin P. Green on behalf of Holtzman Enterprises, Inc. (Green, Kevin) [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 6 EXHIBIT by CNA Financial Corporation, Continental Casualty Company. Exhibit to #2 Notice of Removal, (Civil Cover Sheet). (Guffey, Joseph) [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 5 NOTICE OF ACTION re #2 Notice of Removal, filed by CNA Financial Corporation, Continental Casualty Company. The Civil Cover Sheet filed at Exhibit 8 was not signed. Filer to refile signed Civil Cover Sheet, and refile using the event found under Civil > Other Documents > Exhibit and linked back to the Notice of Removal entry. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 4 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Mark A. Beatty pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: CNA Financial Corporation, Continental Casualty Company, Holtzman Enterprises, Inc. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 3:20-cv-1333-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 1/4/2021 (kls3) [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 3 Corporate Disclosure Statement by CNA Financial Corporation, Continental Casualty Company. (Guffey, Joseph) [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 2 NOTICE OF REMOVAL from Madison County, Illinois Circuit Court, case number 2020L ( Filing fee $ 402 receipt number 0754-4355420), filed by CNA Financial Corporation, Continental Casualty Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Civil Cover Sheet)(Guffey, Joseph) [Transferred from Illinois Southern on 5/27/2021.] |
| Filing 1 NOTICE of Appearance by Joseph H. Guffey on behalf of CNA Financial Corporation, Continental Casualty Company (Guffey, Joseph) [Transferred from Illinois Southern on 5/27/2021.] |
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