Vigil v. Westin Operator, LLC
Plaintiff: Gabriel Vigil
Defendant: Westin Operator, LLC
Intervenor Plaintiff: Pinnacol Assurance
Case Number: 1:2021cv01889
Filed: July 12, 2021
Court: US District Court for the District of Colorado
Presiding Judge: Robert E Blackburn
Referring Judge: Michael E Hegarty
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 8, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2021 Filing 26 COURTROOM MINUTES for Telephonic Scheduling Conference held before Magistrate Judge Michael E. Hegarty on 9/8/2021. Discovery due by 3/18/2022. Dispositive Motion Deadline: 4/18/2022. FTR: Courtroom A 501. (ebuch)
September 8, 2021 Opinion or Order Filing 25 SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 8 September 2021. (cmadr, )
September 8, 2021 Opinion or Order Filing 24 Minute ORDER by Magistrate Judge Michael E. Hegarty on 8 September 2021. Before the Court is Intervenor Plaintiff Pinnacol Assurance's Motion Requesting Leave to Allow All Parties to Appear Telephonically at September 8, 2021 Scheduling Conference. The motion was filed yesterday, only one business day before the Scheduling Conference. Additionally, although the motion indicates that all parties would like to appear by telephone, a review of the docket indicates that all attorneys of record have Denver addresses. The parties also do not explain what other reasons would prevent them from "reasonably mak[ing] a personal appearance." Nevertheless, due to the nature of the ongoing COVID-19 pandemic and the fact that there are no apparent disputes on the proposed scheduling order, the Motion #22 is granted. All litigants and counsel may appear at the Scheduling Conference by using the call-in information below:Number: 888-278-0296, Access Code: 8212991#(cmadr, )
September 8, 2021 Opinion or Order Filing 23 ORDER REFERRING MOTION(S): #22 MOTION for Leave to Appear by Telephone filed by Pinnacol Assurance. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Robert E. Blackburn on 09/08/2021. Text Only Entry (reblc2)
September 7, 2021 Filing 22 MOTION for Leave to Appear by Telephone by Intervenor Plaintiff Pinnacol Assurance. (Cali, Morgan)
August 31, 2021 Filing 21 Proposed Scheduling Order by Plaintiff Gabriel Vigil. (Holycross, Matthew)
August 12, 2021 Opinion or Order Filing 20 Minute ORDER by Magistrate Judge Michael E. Hegarty on 12 August 2021. Due to a conflict on the Court's calendar, the Fed. R. Civ. P. 16(b) Scheduling Conference set for September 2, 2021 is vacated and rescheduled for September 8, 2021, at 11:30 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Proposed Scheduling Order due 9/1/2021. (cmadr, )
August 12, 2021 Opinion or Order Filing 19 ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge:(1) To convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order that satisfies the requirements of D.C.COLO.LCivR 16.2, and enter such orders as appropriate to enforce the Scheduling order and resolve discovery matters; provided, further that the scheduling conference, the Magistrate Judge shall advise the parties of Judge Blackburns practice standards found at www.cod.uscourts.gov.;(2) To hear and finally determine non-dispositive matters that have been referred, subject to the exceptions found in 28 U.S.C. 636(b)(1)(A); and(3) To hear and make recommendations on dispositive matters that have been referred as defined in 28 U.S.C. 636(b)(1)(A). Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 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 Robert E. Blackburn on 8/12/21. Text Only Entry (rebsec)
August 11, 2021 Filing 18 CASE REASSIGNED pursuant to #17 . All parties do not consent. This case is randomly reassigned to Judge Robert E. Blackburn. All future pleadings should be designated as 21-cv-01889-REB. (Text Only Entry) (cmadr, )
August 11, 2021 Opinion or Order Filing 17 Minute ORDER by Magistrate Judge Michael E. Hegarty on 11 August 2021. Pursuant to the consent form filed by the parties declining consent under the D.C.Colo.LCivR 40.1(c) (ECF #16 ), the Court directs the Clerk of the Court to reassign this case under D.C.Colo.LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72 and D.C.Colo.LCivR 72.1(c). (cmadr, )
August 11, 2021 Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Gabriel Vigil All parties do not consent.. (Holycross, Matthew)
August 4, 2021 Filing 15 DESIGNATION OF NON-PARTY by Defendant Westin Operator, LLC. (Reeves, Christopher)
July 16, 2021 Opinion or Order Filing 14 Minute ORDER by Magistrate Judge Michael E. Hegarty on 16 July 2021. At the request of the parties, the Fed. R. Civ. P. 16(b) Scheduling Conference set for August 25, 2021 is vacated and rescheduled for September 2, 2021, at 11:15 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. The parties shall complete and file the Magistrate Judge Consent Form (ECF #8 ) on or before August 20, 2021. (cmadr, )
July 15, 2021 Opinion or Order Filing 13 Minute ORDER by Magistrate Judge Michael E. Hegarty on 15 July 2021. At the request of the parties, the Fed. R. Civ. P. 16(b) Scheduling Conference set for August 17, 2021 is vacated and rescheduled for August 25, 2021, at 10:00 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. The parties shall complete and file the Magistrate Judge Consent Form (ECF #8 ) on or before August 12, 2021. (cmadr, )
July 13, 2021 Filing 12 NOTICE of Entry of Appearance by Matthew M. Holycross on behalf of Gabriel VigilAttorney Matthew M. Holycross added to party Gabriel Vigil(pty:pla) (Holycross, Matthew)
July 13, 2021 Opinion or Order Filing 11 Minute ORDER by Magistrate Judge Michael E. Hegarty on 13 July 2021. Consent Form due by 8/4/2021. Proposed Scheduling Order due 8/10/2021. Scheduling Conference set for 8/17/2021 11:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. Litigants and counsel whose offices are located outside of the Denver metropolitan area or who cannot reasonably make a personal appearance may appear at scheduling conferences by telephone. Please contact Chambers at (303) 844-4507 at least two business days prior to the scheduling conference to arrange appearance by telephone. (cmadr, )
July 13, 2021 Filing 10 NOTICE of Entry of Appearance by Morgan Leigh Cali on behalf of Pinnacol AssuranceAttorney Morgan Leigh Cali added to party Pinnacol Assurance(pty:intvp) (Cali, Morgan)
July 13, 2021 Filing 9 NOTICE of Entry of Appearance by Anthony E. Derwinski on behalf of Pinnacol AssuranceAttorney Anthony E. Derwinski added to party Pinnacol Assurance(pty:intvp) (Derwinski, Anthony)
July 12, 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. (cpomm, )
July 12, 2021 Filing 7 AFFIDAVIT of RETURN of Service of Summons, Complaint, Amended Complaint upon Westin Operator, LLC on 6/24/2021 (cpomm, )
July 12, 2021 Filing 6 FIRST AMENDED COMPLAINT for Damages and Jury Demand against Westin Operator, LLC, filed by Pinnacol Assurance, Gabriel Vigil.(cpomm, )
July 12, 2021 Filing 5 COMPLAINT for Damages and Jury Demand against Westin Operator, LLC, filed by Pinnacol Assurance, Gabriel Vigil.(cpomm, )
July 12, 2021 Filing 4 Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry (cpomm, )
July 12, 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) (cpomm, )
July 12, 2021 Filing 2 ANSWER to Complaint by Westin Operator, LLC. (Attachments: #1 Exhibit Stipulation)(Reeves, Christopher)
July 12, 2021 Filing 1 NOTICE OF REMOVAL by Westin Operator, LLC from Denver County District Court, Case Number 2021CV31307. (Filing fee $ 402, Receipt Number 1082-7954834), filed by Westin Operator, LLC. (Attachments: #1 Docket Sheet, #2 Exhibit State Court Filing, #3 Exhibit State Court Filing, #4 Exhibit State Court Filing, #5 Exhibit State Court Filing, #6 Exhibit State Court Filing, #7 Exhibit State Court Filing, #8 Exhibit State Court Filing, #9 Exhibit State Court Filing, #10 Exhibit State Court Filing, #11 Exhibit State Court Filing, #12 Exhibit State Court Filing, #13 Exhibit State Court Filing, #14 Civil Cover Sheet)(Reeves, Christopher)

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Defendant: Westin Operator, LLC
Represented By: Christopher Robert Reeves
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Plaintiff: Gabriel Vigil
Represented By: Matthew M. Holycross
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Intervenor plaintiff: Pinnacol Assurance
Represented By: Anthony E. Derwinski
Represented By: Morgan Leigh Cali
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