Sanchez v. Allstate Fire and Casualty Insurance Company
Plaintiff: Daniel Sanchez, II
Defendant: Allstate Fire and Casualty Insurance Company
Case Number: 1:2021cv01992
Filed: July 23, 2021
Court: US District Court for the District of Colorado
Presiding Judge: William J Martinez
Referring 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 September 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 14, 2021 Filing 26 CERTIFICATE of Service by E-Mail by Clerk of Court re 25 Order granting the Parties' Stipulated Motion to Remand to El Paso County District Court at Helen.Doerer@judicial.state.co.us and sheri.king@judicial.state.co.us. (trvo, )
September 14, 2021 Opinion or Order Filing 25 ORDER granting the Parties' Stipulated Motion to Remand #24 . The Parties have agreed that, given that the amount in controversy no longer exceeds the $75,000 threshold needed to invoke this Court's jurisdiction, this case should be remanded. The Court notes that district courts have inherent power to manage their dockets "to achieve the orderly and expeditious disposition of cases" as long as the action is a reasonable response to a specific problem and does not contradict any express rule or statute. Dietz v. Bouldin, 136 S. Ct. 1885, 1891-92 (2016). The Court exercises its inherent power to manage its docket and GRANTS the Parties' Stipulated Motion for Remand #24 . This matter is therefore REMANDED to the El Paso County District Court, Colorado. All current settings are VACATED and all pending motions are DENIED AS MOOT, without prejudice to refiling in state court after remand. The Clerk shall forthwith transmit the case file to the state court and terminate this action. SO ORDERED by Judge William J. Martinez on 9/14/2021. Text Only Entry.(trvo, )
September 14, 2021 Civil Case Terminated pursuant to the Order remanding case to El Paso County District Court 25 filed in this case on 9/14/2021. Text Only Entry. (trvo, )
September 13, 2021 Filing 24 Stipulated MOTION to Remand by Defendant Allstate Fire and Casualty Insurance Company. (Hertzke, Billy-George)
September 1, 2021 Filing 23 ANSWER to #22 Amended Complaint by Allstate Fire and Casualty Insurance Company.(Hertzke, Billy-George)
August 20, 2021 Filing 22 AMENDED COMPLAINT against Allstate Fire and Casualty Insurance Company, filed by Daniel Sanchez, II.(Gallerani, Nicole)
August 20, 2021 Opinion or Order Filing 21 MINUTE ORDER: The #20 Amended Complaint is accepted. Plaintiff is directed to file a clean copy of the Amended Complaint, on or before August 23, 2021. By Magistrate Judge Kathleen M. Tafoya on 08/20/21. Text Only Entry (kmtlc2)
August 19, 2021 Filing 20 AMENDED COMPLAINT against Allstate Fire and Casualty Insurance Company, filed by Daniel Sanchez, II. (Attachments: #1 Ex A Civil Complaint, #2 Ex B Amended Complaint)(Gallerani, Nicole)
August 19, 2021 Opinion or Order Filing 19 MINUTE ORDER: The #17 Plaintiff's Amended Civil Complaint is STRICKEN for failure to comply with D.C.COLO.LCivR 15.1. By Magistrate Judge Kathleen M. Tafoya on 08/19/21. Text Only Entry (kmtlc2)
August 19, 2021 Filing 18 RESPONSE to #15 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) filed by Plaintiff Daniel Sanchez, II. (Gallerani, Nicole)
August 19, 2021 Filing 17 STRICKEN AMENDED COMPLAINT against Daniel Sanchez, II, filed by Daniel Sanchez, II.(Gallerani, Nicole) Modified on 8/19/2021 to strike pursuant to 19 Minute Order (agarc, ).
August 19, 2021 Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Daniel Sanchez, II All parties do not consent.. (Gallerani, Nicole)
July 29, 2021 Filing 15 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) by Defendant Allstate Fire and Casualty Insurance Company. (Hertzke, Billy-George)
July 28, 2021 Opinion or Order Filing 14 ORDER SETTING INITIAL CASE DEADLINES. Proposed Scheduling Order due 9/21/2021. By Magistrate Judge Kathleen M. Tafoya on 7/28/2021. (evaug )
July 27, 2021 Opinion or Order Filing 13 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 7/ 27/2021. Text Only Entry (wjmsec, )
July 27, 2021 Opinion or Order Filing 12 ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya. Magistrate Judge Tafoya, or such other Magistrate Judge who may in the future be reassigned to this case, 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). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. 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, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 7/27/2021. (wjmsec, )
July 23, 2021 Filing 11 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jsalz, )
July 23, 2021 Filing 10 CASE REASSIGNED. This case was originally assigned incorrectly, therefore has been randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge Kathleen M. Tafoya. All future pleadings should be designated as 21-cv-1992-WJM. (Text only entry.) (jsalz, )
July 23, 2021 Filing 9 NOTICE of Entry of Appearance by Nicole B. Gallerani on behalf of Daniel Sanchez, IIAttorney Nicole B. Gallerani added to party Daniel Sanchez, II(pty:pla) (Gallerani, Nicole)
July 23, 2021 Filing 8 STATE COURT ORDER Granting Unopposed Motion for Extension of Time for Response to Plaintiff's Complaint. By District Court Judge, El Paso County, July 8th, 2021. (jsalz, )
July 23, 2021 Filing 7 AFFIDAVIT/RETURN of Service of Summons and Complaint upon Allstate Fire and Casualty Company on 06/29/2021. (jsalz, )
July 23, 2021 Filing 6 RETURN of Service of Summons and Complaint upon Allstate Fire and Casualty Insurance Company on 06/24/2021. (jsalz, )
July 23, 2021 Filing 5 CIVIL COMPLAINT against Allstate Fire and Casualty Insurance Company, filed by Daniel Sanchez, II.(jsalz, )
July 23, 2021 Filing 4 NOTICE of Entry of Appearance by Jessica Rae Schultz on behalf of Allstate Fire and Casualty Insurance CompanyAttorney Jessica Rae Schultz added to party Allstate Fire and Casualty Insurance Company(pty:dft) (Schultz, Jessica)
July 23, 2021 Filing 3 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (jsalz, )
July 23, 2021 Filing 2 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, )
July 23, 2021 Filing 1 NOTICE OF REMOVAL by Allstate Fire and Casualty Insurance Company from El Paso County District Court, Case Number 2021CV30719. (Filing fee $ 402, Receipt Number 1082-7973313), filed by Allstate Fire and Casualty 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 Certification that "Notice of Filing of Notice of Removal" was Filed with State Court, #11 Civil Cover Sheet, #12 Supplemental Civil Cover Sheet, #13 State Court Pleading Index)(Hertzke, Billy-George)

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Plaintiff: Daniel Sanchez, II
Represented By: Nicole B. Gallerani
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Defendant: Allstate Fire and Casualty Insurance Company
Represented By: Jessica Rae Schultz
Represented By: Billy-George Hertzke
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