Duong v. State Farm Mutual Automobile Insurance Company
| Hoa Duong |
| State Farm Mutual Automobile Insurance Company |
| 1:2021cv02187 |
| August 11, 2021 |
| US District Court for the District of Colorado |
| William J Martinez |
| N Reid Neureiter |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on September 22, 2022. A more recent docket listing may be available from PACER.
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Filing 57
Minute ORDER by Magistrate Judge N. Reid Neureiter on 20 May 2022. It is hereby ORDERED that the Motion to Withdraw (Dkt. #55 ) is GRANTED. Ryan M. Watson shall be permitted to withdraw as counsel for Defendant. The Clerk is respectfully directed to remove Ryan M. Watson from electronic notification in this case. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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| Filing 56 MEMORANDUM regarding #55 MOTION to Withdraw as Attorney Ryan M. Watson filed by State Farm Mutual Automobile Insurance Company. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 5/20/2022. Text Only Entry (wjmsec, ) |
| Filing 55 MOTION to Withdraw as Attorney Ryan M. Watson by Defendant State Farm Mutual Automobile Insurance Company. (Watson, Ryan) |
| Filing 54 REPLY to Response to #49 Partial MOTION to Dismiss Amended Complaint filed by Defendant State Farm Mutual Automobile Insurance Company. (Wheeler, Karen) |
| Filing 53 RESPONSE to #49 Partial MOTION to Dismiss Amended Complaint by Plaintiff Hoa Duong. (Mirabella, Michael) |
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Filing 52
ORDER: This matter is before the Court on Plaintiff's Motion for Extension of Time to Respond to Defendant's Motion to Dismiss #51 . Plaintiff's Motion is subject to being summarily stricken, given counsel's failure to comply with WJM Revised Practice Standard II.D.2. This Practice Standard requires that the certificate of service for motions of this type specifically confirm that service has been made upon moving counsel's client and, if appropriate, identifies the individual who has received service of the motion on behalf of any party which is not a natural person. Solely in the interest of justice, however, the Motion is GRANTED. Plaintiff is granted leave, for good cause shown, to file her response to Defendant's Motion to Dismiss on or before April 1, 2022. SO ORDERED by Judge William J. Martinez on 3/29/2022. Text Only Entry(wjmsec, )
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| Filing 51 MOTION for Extension of Time to File Response/Reply as to #49 Partial MOTION to Dismiss Amended Complaint by Plaintiff Hoa Duong. (Mirabella, Michael) |
| Filing 50 ANSWER to #44 Amended Complaint by State Farm Mutual Automobile Insurance Company.(Wheeler, Karen) |
| Filing 49 Partial MOTION to Dismiss Amended Complaint by Defendant State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit Exhibit A - Policy Pages)(Wheeler, Karen) |
| Filing 48 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Status Conference held on 3/3/2022. The following case deadlines are extended: Disclosure of Affirmative Experts: April 22, 2022; Disclosure of Rebuttal Experts: June 10, 2022; Discovery Cut-off: August 19, 2022; Dispositive Motions Deadline: September 20, 2022. The Final Pretrial Conference set for July 26, 2022, at 10:00 a.m. is VACATED and RESET to November 10, 2022, at 11:30 a.m. before Magistrate Judge N. Reid Neureiter in Courtroom C203. FTR: Courtroom C203. (rvill, ) |
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Filing 47
Minute ORDER by Magistrate Judge N. Reid Neureiter on 1 March 2022. It is hereby ORDERED that a Status Conference is set for March 3, 2022 at 9:30 a.m. The parties are directed to call the conference line as a participant at (8 88) 398-2342, Access Code 5755390# at the scheduled time. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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| Filing 46 NOTICE of Entry of Appearance by Caleb Edward Ray on behalf of Hoa DuongAttorney Caleb Edward Ray added to party Hoa Duong(pty:pla) (Ray, Caleb) |
| Filing 45 NOTICE of Entry of Appearance by Michael J. Mirabella on behalf of Hoa Duong (Mirabella, Michael) |
| Filing 44 AMENDED COMPLAINT AND JURY DEMAND against State Farm Mutual Automobile Insurance Company, filed by Hoa Duong. (Entered pursuant to ECF #43 )(cmadr, ) |
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Filing 43
ORDER GRANTING PLAINTIFFS OPPOSED MOTION TO AMEND COMPLAINT (Dkt. #30 ) by Magistrate Judge N. Reid Neureiter on 18 February 2022. It is hereby ORDERED that Plaintiff's Opposed Motion to Amend Complaint (Dkt. #30) is GRANTED for the reasons stated below. It is further ORDERED that the Clerk shall file the Amended Complaint and Jury Demand (Dkt. #30-2) on the docket as the operative pleading. Defendant shall respond in accordance with Fed. R. Civ. P. 15(a)(3).(cmadr, )
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| Filing 42 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Show Cause Hearing and Motion Hearing held on 2/17/2022. The Order to Show Cause (Docket No. #41 ) is deemed satisfied and is DISCHARGED for reasons as set forth on the record. Plaintiff's Opposed Motion to Amend Complaint (Dkt. No. #30 ) is TAKEN UNDER ADVISEMENT. The Court will issue a written Order. If the Motion to Amend Complaint is granted, the parties are directed to jointly contact the Chambers of Magistrate Judge Neureiter to set a status conference to address the scheduling order. FTR: Courtroom C203. (rvill, ) |
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Filing 41
ORDER TO SHOW CAUSE. At the hearing set for February 17, 2022 at 2:30 p.m., Plaintiff's counsel shall appear by telephone and SHOW CAUSE why he should not be sanctioned for failure to appear pursuant to Fed. R. Civ. P. 16(f). By Magistrate Judge N. Reid Neureiter on February 16, 2022. (rvill, )
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| Filing 40 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Motion Hearing held on 2/16/2022. This matter is reset for Thursday, February 17, 2022 at 2:30 p.m. before Magistrate Judge N. Reid Neureiter in Courtroom C203. The parties are directed to call the conference line as a participant at (8 88) 398-2342, Access Code 5755390# at the scheduled time. FTR: Courtroom C203. (rvill, ) |
| Filing 39 REPLY to Response to #30 MOTION to Amend/Correct/Modify Complaint filed by Plaintiff Hoa Duong. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mirabella, Michael) |
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Filing 38
MINUTE ORDER by Magistrate Judge N. Reid Neureiter on January 12, 2022. Plaintiff's Unopposed Motion for Extension of Time to Reply to Defendant's Response to Plaintiffs Opposed Motion to Amend Complaint (Dkt. #36 ) is GRANTED. Plaintiff's reply in support of her Motion to Amend Complaint (Dkt. #30 ) is due on or before January 26, 2022. PLEASE READ ATTACHED MINUTE ORDER. (rvill, )
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| Filing 37 MEMORANDUM regarding #36 MOTION for Extension of Time to Reply to Defendant's Response to Plaintiff's Opposed Motion to Amend Complaint filed by Hoa Duong. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 1/12/2022. Text Only Entry (wjmsec, ) |
| Filing 36 MOTION for Extension of Time to Reply to Defendant's Response to Plaintiff's Opposed Motion to Amend Complaint by Plaintiff Hoa Duong. (Mirabella, Michael) |
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Filing 35
Minute ORDER by Magistrate Judge N. Reid Neureiter on 5 January 2022. It is hereby ORDERED that Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Discovery Requests (Dkt. #32 ) is GRANTED. Plaintiff shall respond to Defendant's Discovery Requests on or before January 17, 2022.It is further ORDERED that a Motion Hearing is set on Plaintiff's Opposed Motion to Amend Complaint (Dkt. #30 ) for February 16, 2022 at 11:00 a.m. The parties are directed to call the conference line as a participant at (888) 398- 2342, Access Code 5755390# at the scheduled time. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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| Filing 34 MEMORANDUM regarding #32 Unopposed MOTION for Extension of Time to Respond to Defendant's Discovery Requests filed by Hoa Duong. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 1/5/2022. Text Only Entry (wjmsec, ) |
| Filing 33 RESPONSE to #30 MOTION to Amend/Correct/Modify Complaint filed by Defendant State Farm Mutual Automobile Insurance Company. (Wheeler, Karen) |
| Filing 32 Unopposed MOTION for Extension of Time to Respond to Defendant's Discovery Requests by Plaintiff Hoa Duong. (Mirabella, Michael) |
| Filing 31 MEMORANDUM regarding #30 MOTION to Amend/Correct/Modify Complaint filed by Hoa Duong. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 12/17/2021. Text Only Entry (wjmsec, ) |
| Filing 30 MOTION to Amend/Correct/Modify Complaint by Plaintiff Hoa Duong. (Attachments: #1 Exhibit A, #2 Exhibit B)(Mirabella, Michael) |
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Filing 29
SCHEDULING ORDER: by Magistrate Judge N. Reid Neureiter on November 18, 2021. (rvill, )
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| Filing 28 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Scheduling Conference held on 11/18/2021. Joint Status Report due by 3/10/2022. Discovery due by 5/1/2022. Dispositive Motions due by 6/1/2022. Final Pretrial Conference set for 7/26/2022 at 10:00 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. FTR: Courtroom C203. (rvill, ) |
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Filing 27
Minute ORDER by Magistrate Judge N. Reid Neureiter on 15 November 2021. It is hereby ORDERED that Defendant's Unopposed Motion for Counsel to Appear by Webex or Phone at the Scheduling Conference (Dkt. #22 ) is GRANTED. The Scheduling Conference set for November 18, 2021 at 9:30 a.m. shall be conducted by telephone. Counsel are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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| Filing 26 MEMORANDUM regarding #22 Unopposed MOTION for Leave to Appear by Webex or Phone at the Scheduling Conference filed by State Farm Mutual Automobile Insurance Company. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 11/15/2021. Text Only Entry (wjmsec, ) |
| Filing 25 Proposed Scheduling Order by Defendant State Farm Mutual Automobile Insurance Company. (Hall, Charles) |
| Filing 24 Proposed Scheduling Order by Defendant State Farm Mutual Automobile Insurance Company. (Hall, Charles) |
| Filing 23 CONSENT to Jurisdiction of Magistrate Judge by Defendant State Farm Mutual Automobile Insurance Company All parties do not consent.. (Hall, Charles) |
| Filing 22 Unopposed MOTION for Leave to Appear by Webex or Phone at the Scheduling Conference by Defendant State Farm Mutual Automobile Insurance Company. (Hall, Charles) |
| Filing 21 NOTICE of Entry of Appearance by Charles Christopher Hall on behalf of State Farm Mutual Automobile Insurance CompanyAttorney Charles Christopher Hall added to party State Farm Mutual Automobile Insurance Company(pty:dft) (Hall, Charles) |
| Filing 20 NOTICE OF SUBMISSION OF STATE COURT DOCKET SHEET by Defendant State Farm Mutual Automobile Insurance Company (Attachments: #1 Docket Sheet State Court Docket Sheet)(Watson, Ryan) |
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Filing 19
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge N. Reid Neureiter on 19 August 2021. Proposed Scheduling Order due 11/11/2021. Scheduling Conference set for 11/18/2021 09:30 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. (cmadr, )
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Filing 18
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 8/ 18/2021. Text Only Entry (wjmsec, )
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Filing 17
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Magistrate Judge Neureiter, or such other Magistrate Judge who may in the future be reassigned 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). 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 8/18/2021. Text Only Entry (wjmsec, )
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| Filing 16 NOTICE of Entry of Appearance re M. Mirabella by Michael J. Mirabella on behalf of All Plaintiffs Attorney Michael J. Mirabella added to party Hoa Duong(pty:pla) (Mirabella, Michael) |
| Filing 15 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (cpomm, ) |
| Filing 14 STATE COURT ORDER to Show Cause by Denver District Court Judge Marie Avery Moses on 6/17/2021. (cpomm, ) |
| Filing 13 AFFIDAVIT of Service of Summons, Complaint upon Artworks Unlimited on 5/10/2021 (cpomm, ) |
| Filing 12 AFFIDAVIT of Service of Summons, Complaint upon Devon Chierotti on 5/11/2021 (cpomm, ) |
| Filing 11 STATE COURT ORDER RE: Motion to Dismiss in Part w/attach by Denver District Court Judge Eric Martin Johnson on 4/27/2021. (cpomm, ) |
| Filing 10 STATE COURT ORDER Granting Plaintiff's Amended Motion for Voluntary Dismissal in Part, Without Prejudice by Denver District Court Judge Eric Martin Johnson on 4/27/2021 (cpomm, ) |
| Filing 9 ANSWER to #7 Complaint by State Farm Mutual Automobile Insurance Company.(cpomm, ) |
| Filing 8 AFFIDAVIT of Service of Summons, Complaint upon State Farm Automobile Insurance Company on 2/8/2021 (cpomm, ) |
| Filing 7 COMPLAINT and Jury Demand against State Farm Mutual Automobile Insurance Company, filed by Hoa Duong.(cpomm, ) |
| Filing 6 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry (cpomm, ) |
| Filing 5 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, ) |
| Filing 4 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #1 Notice of Removal filed by attorney Karen H. Wheeler.Attorney or pro se has used an incorrect signature block 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. (Text Only Entry) (cpomm, ) |
| Filing 3 NOTICE of Entry of Appearance by Ryan Matthew Watson on behalf of State Farm Mutual Automobile Insurance CompanyAttorney Ryan Matthew Watson added to party State Farm Mutual Automobile Insurance Company(pty:dft) (Watson, Ryan) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Maul, Jami) |
| Filing 1 NOTICE OF REMOVAL by State Farm Mutual Automobile Insurance Company from Denver County District Court, Case Number 2021cv30412. (Filing fee $ 402, Receipt Number ACODC-8016824), filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Supplemental Civil Cover Sheet Supplemental Cover Sheet, #3 Exhibit Exhibit A - District Court Civil Cover Sheet, #4 Exhibit Exhibit B - Complaint, #5 Exhibit Exhibit C - Summons of Def. State Farm, #6 Exhibit Exhibit D - Affidavit of Service, #7 Exhibit Exhibit E - Stipulated Notice of Dismissal with Prejudice, #8 Exhibit Exhibit F - Traffic Accident Report, #9 Exhibit Exhibit G - Auto Repair Record, #10 Exhibit Exhibit H - Certificate of Good Standing, #11 Exhibit Exhibit I - Periodic Report, #12 Exhibit Exhibit J - Order Granting Voluntary Dismissal, #13 Exhibit Exhibit K - Delay Reduction Order, #14 Exhibit Exhibit L - Order Re_ Discovery Protocol, #15 Exhibit Exhibit M - Pre-Trial Order, #16 Exhibit Exhibit N - Answer and Jury Demand, #17 Exhibit Exhibit O - Defendant's Motion to Dismiss in Part, #18 Exhibit Exhibit P - Nebraska Policy, #19 Exhibit Exhibit Q - Plaintiff's Motion for Voluntary Dismissal in Part wo Prejudice, #20 Exhibit Exhibit R - Plaintiff's Amended Motion for Voluntary Dismissal in Part wo Prejudice, #21 Exhibit Exhibit S - Plaintiff's Motion for Extension of Time to Serve Defendants Artworks Unlimited, LLC and Devon Chierotti, #22 Exhibit Exhibit T - Order Re Motion for Extension of time to Serve Defs Artworks and Chierotti, #23 Exhibit Exhibit U - Response to Plaintiff's Amended Motion for Voluntary Dismissal, #24 Exhibit Exhibit V - Order re Motion to Dismiss in Part, #25 Exhibit Exhibit W - Summons of Defendant Chierotti, #26 Exhibit Exhibit X - Affidavit of Service of Defendant Chierotti, #27 Exhibit Exhibit Y - Summons of Defendant Artworks Unlimited, LLC, #28 Exhibit Exhibit Z - Affidavit of Service of Artworks Unlimited, LLC, #29 Exhibit Exhibit AA - Order to Show Cause, #30 Exhibit Exhibit BB - Notice of Settlement of Claims re Artworks Unlimited, LLC and Devon Chierotti, #31 Exhibit Exhibit CC - Notice to Set Case Management Conference, Pre-Trial Conference, and Jury Trial, #32 Exhibit Exhibit DD - Policy Declarations Page)(Wheeler, Karen) |
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