Martinez et al v. Nationwide Affinity Insurance Co of America
| William Martinez and Mary Martinez |
| Nationwide Affinity Insurance Company of America and Nationwide Affinity Insurance Co of America |
| 1:2021cv02495 |
| September 14, 2021 |
| US District Court for the District of Colorado |
| S Kato Crews |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on July 24, 2023. A more recent docket listing may be available from PACER.
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Filing 20
NOTICE of Entry of Appearance by Matthew R. Pearson on behalf of Mary Martinez, William MartinezAttorney Matthew R. Pearson added to party Mary Martinez(pty:pla), Attorney Matthew R. Pearson added to party William Martinez(pty:pla) (Pearson, Matthew)
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Filing 19
Setting Telephonic Rule 16(b) Scheduling Conference. The Telephonic Scheduling Conference is set for 12-8-2021 at 11:30 am in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, 7 days before the Telephonic Scheduling Conference (on or before 12-1-2021). The Magistrate Judge Consent Form [#4-1] is due 12-1-2021. Dial in information for the Scheduling Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 11-8-2021. Text Only Entry (skclc2).
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Filing 18
ANSWER to #2 Complaint, First Amended Complaint and Jury Demand by Nationwide Affinity Insurance Co of America.(Kroupa, Christine)
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Filing 17
ORDER granting #15 Motion for Extension of Time to Answer or Otherwise Respond. The Court finds good cause to GRANT the unopposed Motion. Accordingly, Defendant has up to, and including, 11-4-2021 to answer or otherwise respond. SO ODERED by Magistrate Judge S. Kato Crews on 10-20-2021. Text Only Entry (skclc2).
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Filing 16
MINUTE ORDER RE: Discharging Order to Show Cause. Plaintiffs responded to Judge Martinez's Order to Show Cause [#5] by clarifying they are domiciled in the State of Colorado. [#14.] Contemporaneously, they amended their complaint as a matter of course under Fed. R. Civ. P. 15(a)(1) adding this same information. Accordingly, the Order to Show Cause is hereby DISCHARGED. The Clerk of the Court is instructed to docket [#13-2] as the operative complaint. SO ORDERED by Magistrate Judge S. Kato Crews on 10-20-2021. Text Only Entry (skclc2).
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Filing 15
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #13 Notice of Filing Amended Pleading by Defendant Nationwide Affinity Insurance Co of America. (Kroupa, Christine)
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Filing 14
RESPONSE to 5 Order,,, to Show Cause by Plaintiffs Mary Martinez, William Martinez. (Greenberg, Lisa)
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Filing 13
NOTICE of Filing Amended Pleading by Plaintiffs Mary Martinez, William Martinez (Attachments: #1 Exhibit, #2 Exhibit)(Greenberg, Lisa)
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Filing 12
MINUTE ORDER RE: Striking [#10] Motion to Amend and Order to Show Cause. Local rules requires that motions be filed as separate documents. D.C.Colo.LCivR 7.1(d). Accordingly, [#10] is STRICKEN. Plaintiff shall refile these documents in adherence to local rules by 10-7-2021. SO ORDERED by Magistrate Judge S. Kato Crews on 10-5-2021. Text Only Entry (skclc2).
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Filing 11
SUMMONS Returned Executed by All Plaintiffs. Nationwide Affinity Insurance Co of America served on 9/21/2021, answer due 10/12/2021. (Greenberg, Lisa)
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Filing 10
STRICKEN Unopposed MOTION to Amend/Correct/Modify Complaint and Show Cause by Plaintiffs Mary Martinez, William Martinez. (Attachments: #1 Proposed Document)(Greenberg, Lisa) Modified on 10/7/2021 pursuant to ECF 12 (csarr, ).
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Filing 9
MEMORANDUM RETURNING CASE by Senior Judge Lewis T. Babcock on 9/22/2021. This case is randomly reassigned to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 21-cv-02495-SKC. (trvo, )
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Filing 8
ORDER OF RECUSAL by Judge William J. Martinez on 9/22/2021. This case is randomly reassigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 21-cv-02495-LTB. (trvo, )
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Filing 7
NOTICE of Entry of Appearance by John M. Palmeri on behalf of Nationwide Affinity Insurance Co of AmericaAttorney John M. Palmeri added to party Nationwide Affinity Insurance Co of America(pty:dft) (Palmeri, John)
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Filing 6
NOTICE of Entry of Appearance by Christine Marie Kroupa on behalf of Nationwide Affinity Insurance Co of AmericaAttorney Christine Marie Kroupa added to party Nationwide Affinity Insurance Co of America(pty:dft) (Kroupa, Christine)
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Filing 5
ORDER TO SHOW CAUSE returnable September 24, 2021. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h). Plaintiffs' Complaint alleges that the Court has jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties. However, Plaintiffs' Complaint is deficient in that it pleads that Plaintiffs are the owners of real property located in Cortez, Colorado. Plaintiffs fail to allege their citizenship, and therefore, have not established that the Court may exercise diversity jurisdiction in this action. See 28 U.S.C. 1332(a). Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE, by September 24, 2021, as to why the Court should not on its own motion dismiss this action based on Plaintiffs' failure to allege facts sufficient to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 9/20/2021. Text Only Entry (wjmsec, )
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Filing 4
SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (jtorr, )
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Filing 3
Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (jtorr, )
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Filing 2
COMPLAINT against Nationwide Affinity Insurance Company of America (Filing fee $ 402,Receipt Number ACODC-8074776)Attorney Lisa S. Greenberg added to party Mary Martinez(pty:pla), Attorney Lisa S. Greenberg added to party William Martinez(pty:pla), filed by Mary Martinez, William Martinez. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Greenberg, Lisa)
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Filing 1
Administrative Notice: No initiating document. Attorney contacted with instructions to file the initiating document within 24 hours. (Text Only Entry) (cpomm, )
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