Nowack et al v. American Family Insurance Company
| Joann Nowack and Gerald Nowack |
| American Family Insurance Company, American Family Mutual Insurance Company, S.I., American Family Mutual Insurance Company, American Standard Insurance Company of Wisconsin and American Family Insurance Group |
| 1:2021cv01911 |
| July 14, 2021 |
| US District Court for the District of Colorado |
| Kathleen M Tafoya |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 10, 2021. A more recent docket listing may be available from PACER.
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| Filing 34 AMENDED COMPLAINT filed as a Matter of Course Pursuant to Fed. R. Civ. P. 15(b) against American Family Insurance Company, filed by Joann Nowack, Gerald Nowack.(Patrick, Michael) |
| Filing 33 CASE REASSIGNED Pursuant to #32 Order, This case is reassigned to Magistrate Judge Kathleen M. Tafoya. All future pleadings should be designated as 21-cv-01911 KMT. (Text Only Entry) (evana, ) |
Filing 32
ORDER REFERRING CASE PURSUANT TO 28 U.S.C. 636(c). Pursuant to D.C.COLO.LCivR 72.2 on the 9th day of September, 2021, the parties notified the court of their unanimous consent to disposition of the above action by a United States Magistrate Judge (ECF No. #31 ). Now, therefore, being sufficiently advised, IT IS ORDERED that, 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-01911- KMT, by Judge Raymond P. Moore on 9/10/2021. (evana, )
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| Filing 31 CONSENT to Jurisdiction of Magistrate Judge by Defendant American Family Insurance Company All parties consent.. (Nierenberg, Lily) |
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Filing 30
MEMORANDUM regarding #29 Unopposed MOTION for Extension of Time to file Proposed Scheduling Order filed by American Family Insurance Company. Motion referred to Magistrate Judge Kathleen M. Tafoya. By Judge Raymond P. Moore on 9/9/2021. (Text Only Entry) (rmsec )
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| Filing 29 Unopposed MOTION for Extension of Time to file Proposed Scheduling Order by Defendant American Family Insurance Company. (Nierenberg, Lily) |
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Filing 28
MINUTE ORDER granting in part and denying in part #25 MOTION for Extension of Time for Plaintiffs to File Their Amended Complaint, and for 21-Day Extension of Time to File Their Responsive Pleading to Defendant's Motion for Partial Dismissal of Plaintiffs' Claims. Plaintiffs are granted an extension of time to and including October 1, 2021, to file their response to the Motion for Partial Dismissal. However, if Plaintiffs choose to amend their complaint beyond the time limits set forth in Fed. R. Civ. P. 15(a)(1), they must file a motion to amend. The #24 Motion for Hearing/Conference is DENIED as moot. The #23 Motion for Extension of Time is DENIED as moot. By Magistrate Judge Kathleen M. Tafoya on 9/9/21. Text Only Entry(kmtlc1 ) Modified on 9/9/2021 (evaug, ).
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| Filing 27 MEMORANDUM regarding #25 MOTION for Extension of Time to filed by Gerald Nowack, Joann Nowack. Motion referred to Magistrate Judge Kathleen M. Tafoya. By Judge Raymond P. Moore on 9/8/2021. (Text Only Entry) (rmsec ) |
| Filing 26 MEMORANDUM regarding #23 Unopposed MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss Plaintiffs' Claims and for 10-day extension of time to file Amended Complaint filed by Gerald Nowack, Joann Nowack, #24 Unopposed MOTION for Hearing/Conference Forthwith Hearing or Ruling on Motion for Extensions of Time to file Amended Complaint and Response to Motion for Partial Dismissal of Plaintiffs Claims by Defendant filed by Gerald Nowack, Joann Nowack. Motions referred to Magistrate Judge Kathleen M. Tafoya. By Judge Raymond P. Moore on 9/8/2021. (Text Only Entry) (rmsec ) |
| Filing 25 Unopposed MOTION for 10 day extension of time for Plaintiffs to file their Amended Complaint and for 21-day extension of time to file their Responsive pleading to Defendants Motion for #18 Partial Dismissal of Plaintiffs' Claims by Plaintiffs Gerald Nowack, Joann Nowack. (Attachments: #1 Proposed Order (PDF Only))(Patrick, Michael) (Modified on 9/8/2021 edited to edit the title of the text to reflect the title of the document filed)(evana, ). |
| Filing 24 Unopposed MOTION for Hearing/Conference Forthwith Hearing or Ruling on Motion for Extensions of Time to file Amended Complaint and Response to Motion for Partial Dismissal of Plaintiffs Claims by Defendant by Plaintiffs Gerald Nowack, Joann Nowack. (Patrick, Michael) |
| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss Plaintiffs' Claims and for 10-day extension of time to file Amended Complaint by Plaintiffs Gerald Nowack, Joann Nowack. (Patrick, Michael) |
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Filing 22
ORDER: The #21 Stipulation for Extension of Time is STRICKEN, as parties may not stipulate to extensions to respond to motions. See D.C.COLO.LCivR 6.1(a). By Magistrate Judge Kathleen M. Tafoya on 9/7/21. Text Only Entry (kmtlc1 )
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| Filing 21 STRICKEN - STIPULATION for Extension of Time to file Response to Defendant's Motion for Partial Dismissal of Plaintiffs' Claims by Plaintiffs Gerald Nowack, Joann Nowack. (Patrick, Michael) Modified on 9/7/2021 to show document stricken pursuant to [#22] Order. (sphil, ). |
| Filing 20 NOTICE of Entry of Appearance by Katie Berit Johnson on behalf of American Family Insurance CompanyAttorney Katie Berit Johnson added to party American Family Insurance Company(pty:dft) (Johnson, Katie) |
| Filing 19 MEMORANDUM regarding #18 MOTION to Dismiss Plaintiffs' Claims filed by American Family Insurance Company. Motion referred to Magistrate Judge Kathleen M. Tafoya. By Judge Raymond P. Moore on 8/23/2021. (Text Only Entry) (rmsec ) |
| Filing 18 MOTION to Dismiss Plaintiffs' Claims by Defendant American Family Insurance Company. (Attachments: #1 Exhibit A)(Nierenberg, Lily) |
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Filing 17
ORDER: After reviewing Defendant's opposed motion for extension of time, and the record, the Court finds no response is required before ruling. See D.C.COLO.LCivR 7.1(d) ("Nothing in this rule precludes a judicial officer from ruling on a motion at any time after it is filed."). Based on the Court's review, it finds sufficient grounds for granting Defendant relief. Accordingly, it is ORDERED (1) that Defendant's motion #14 is GRANTED; (2) that Defendant's answer or other response to the complaint is due on or before August 20, 2021; and (3) that Defendant's motion for forthwith hearing and/or ruling #15 is DENIED AS MOOT. SO ORDERED by Judge Raymond P. Moore on 7/20/2021. (Text Only Entry)(rmsec )
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| Filing 16 Exhibits in Support of Motion for Extension of Time to Respond to Plaintiffs' Complaint by Defendants American Family Insurance Company, American Family Insurance Group, American Family Mutual Insurance Company, American Standard Insurance Company of Wisconsin. (Nierenberg, Lily) |
| Filing 15 MOTION for Hearing/Conference and/or Ruling by Defendants American Family Insurance Company, American Family Insurance Group, American Family Mutual Insurance Company, American Standard Insurance Company of Wisconsin. (Nierenberg, Lily) |
| Filing 14 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Complaint by Defendants American Family Insurance Company, American Family Insurance Group, American Family Mutual Insurance Company, American Standard Insurance Company of Wisconsin. (Nierenberg, Lily) |
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Filing 13
ORDER SETTING INITIAL CASE DEADLINES. Proposed Scheduling Order due 9/8/2021. By Magistrate Judge Kathleen M. Tafoya on 7/19/2021. (evaug )
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Filing 12
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 7/16/2021. (Text Only Entry) (rmsec )
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Filing 11
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 7/16/2021. (Text Only Entry) (rmsec )
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| Filing 10 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #9 Notice of Entry of Appearance filed by attorney Michael A. Patrick. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/ signature and s/ followed by a typed, not an inked, signature to all future documents. (Text Only Entry) (rvill, ) |
| Filing 9 NOTICE of Entry of Appearance by Michael A. Patrick on behalf of All Plaintiffs Attorney Michael A. Patrick added to party Gerald Nowack(pty:pla), Attorney Michael A. Patrick added to party Joann Nowack(pty:pla) (Patrick, Michael) |
| Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jsalz, ) |
| Filing 7 STATE COURT ORDER Granting Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint, by Larry C Schwartz, District Court Judge, Pueblo County on 07/07/2021. (jsalz, ) |
| Filing 6 AFFIDAVIT/RETURN of Service of Summons and Complaint upon American Family Insurance Company on 06/16/2021. (jsalz, ) |
| Filing 5 COMPLAINT For Damages and Jury Demand against American Family Insurance Company, American Family Insurance Group, American Family Mutual Insurance Company, American Standard Insurance Company of Wisconsin, filed by Joann Nowack, Gerald Nowack.(jsalz, ) |
| Filing 4 Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry (jsalz, ) |
| 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, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Nierenberg, Lily) |
| Filing 1 NOTICE OF REMOVAL by American Standard Insurance Company of Wisconsin, American Family Insurance Company, American Family Insurance Group, AMERICAN FAMILY MUTUAL INSURANCE COMPANY from Pueblo County District Court, Case Number 2021CV30203. (Filing fee $ 402, Receipt Number 1082-7959285), filed by American Standard Insurance Company of Wisconsin, American Family Insurance Company, American Family Insurance Group, AMERICAN FAMILY MUTUAL 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 Civil Cover Sheet)(Nierenberg, Lily) |
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