Jenkins et al v. State Farm Mutual Automobile Insurance Company et al
| Beth Jenkins, William Jenkins and Mary Beth Jenkins |
| State Farm Mutual Automobile Insurance Company and State Farm Fire and Casualty Company |
| 1:2021cv02720 |
| October 8, 2021 |
| U.S. District Court for the District of Colorado |
| Regina M Rodriguez |
| Regina M Rodriguez |
| Scott T Varholak |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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Filing 31
ORDER granting #30 Motion to Withdraw as Attorney. Attorney Ryan Matthew Watson is permitted to withdraw as Counsel for Defendants State Farm Mutual Automobile Insurance Company and State Farm Fire and Casualty Company. The Court notes that Defendants continue to be represented by Karen Wheeler and Charles Hall. FURTHER ORDERED that the Clerk of the Court is DIRECTED to delete Mr. Watson's email address from future ECF filings and electronic notifications in this matter. SO ORDERED by Judge Regina M. Rodriguez on 5/20/2022. Text Only Entry(rmrja)
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| Filing 30 MOTION to Withdraw as Attorney Ryan M. Watson by Defendants State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Watson, Ryan) |
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Filing 29
ORDER granting #27 Plaintiffs' Motion to Modify Scheduling Order. The deadline for expert disclosures is extended until 6/01/2022, and the deadline for rebuttal expert disclosures is extended until 7/01/2022. The deadline to serve written discovery is extended until 7/01/2022, and the deadline to complete discovery is extended until 8/15/2022. The deadline to file Dispositive Motions is extended until 9/15/2022. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/22/2022. Text Only Entry(stvlc1, )
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Filing 28
MEMORANDUM regarding #27 Unopposed MOTION to Modify #20 Scheduling Order filed by William Jenkins, Mary Beth Jenkins. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Regina M. Rodriguez on 3/22/2022. Text Only Entry (rmrja)
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| Filing 27 Unopposed MOTION to Amend/Correct/Modify #20 Scheduling Order by Plaintiffs Mary Beth Jenkins, William Jenkins. (Attachments: #1 Proposed Order (PDF Only))(Beem, Danielle) |
| Filing 26 AMENDED ANSWER to with Jury Demand by Defendants State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Davis, Katie) |
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Filing 25
ORDER This matter is before the Court on #21 Defendants' Motion for Leave of Court to Amend Answer and Jury Demand to Add Defense of Failure to Mitigate and Failure to Comply with Conditions Precedent to Coverage and/or Failure to Cooperate (the "Motion"). On 1/5/2022, Plaintiffs filed #24 Response to the Motion stating that they "will not oppose the requested amendments at this time." Accordingly, the Motion is GRANTED. On or before 1/12/2022, Defendants shall file a clean/non-redlined version of Defendants' First Amended Answer and Jury Demand. The Motion Hearing re: the Motion set for 1/19/2022 01:30 PM is VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/05/2022. Text Only Entry(stvlc1, )
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| Filing 24 RESPONSE to #21 MOTION for Leave to File Amended Answer and Jury Demand filed by Plaintiffs Mary Beth Jenkins, William Jenkins. (Beem, Danielle) |
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Filing 23
MINUTE ORDER This matter is before the Court on #21 Defendants' Motion for Leave of Court to Amend Answer and Jury Demand to Add Defense of Failure to Mitigate and Failure to Comply with Conditions Precedent to Coverage and/or Failure to Cooperate (the "Motion"). The Court sets the following expedited briefing schedule: Plaintiffs shall respond to the Motion on or before 1/05/2022, and Defendants may then file a reply on or before 1/12/2022. A Motion Hearing re: the Motion is set for 1/19/2022 01:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The Court notes that Defendant has filed the Motion within the deadline to amend the pleadings, as set out in #20 Scheduling Order. Thus, to the degree that Plaintiffs objections to the Motion rely solely on futility, the Court generally finds that such arguments are better and more efficiently addressed in the context of a separate motion (e.g., a motion to dismiss, motion to strike, or motion for summary judgment) filed after the pleading is in place. See Stender v. Cardwell, No. 07-cv-02503-WJM-MJW, 2011 WL 1235414, at *3 (D. Colo. Apr. 1, 2011); Gen. Steel Domestic Sales, LLC v. Steelwise, LLC, No. 07cv01145DMEKMT, 2008 WL 2520423, at *4 (D. Colo. June 20, 2008) (noting that defendant's futility argument seems to place the cart before the horse). SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/15/2021. Text Only Entry (stvlc1, )
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| Filing 22 MEMORANDUM regarding #21 MOTION for Leave to File Amended Answer and Jury Demand filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Regina M Rodriguez on 12/15/2021. Text Only Entry (rmrja) |
| Filing 21 MOTION for Leave to File Amended Answer and Jury Demand by Defendants State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit Amended Answer, #2 Proposed Order (PDF Only))(Davis, Katie) |
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Filing 20
SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 11/30/2021. (morti, )
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| Filing 19 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Scott T. Varholak on 11/30/2021. Discovery due by 6/15/2022. Dispositive Motions due by 7/15/2022. FTR: 402. (morti, ) |
| Filing 18 Proposed Scheduling Order by Defendants State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Hall, Charles) |
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Filing 17
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. 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 Local Civ. R. 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 hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Regina M Rodriguez on 11/16/2021. Text Only Entry (rmrja)
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| Filing 16 CASE REASSIGNED pursuant to #15 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Regina M Rodriguez and Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 21-cv-02720-RMR. (Text Only Entry) (cmadr, ) |
| Filing 15 CONSENT to Jurisdiction of Magistrate Judge by Defendants State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company All parties do not consent.. (Watson, Ryan) |
| Filing 14 NOTICE of Submission of State Court Docket Sheet by Defendants State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company (Attachments: #1 Exhibit Exhibit A -Docket Sheet Register of Actions)(Hall, Charles) |
| Filing 13 ANSWER to #4 Complaint by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company.(Wheeler, Karen) |
| Filing 12 NOTICE of Entry of Appearance by Danielle Conway Beem on behalf of Beth Jenkins, William Jenkins Attorney Danielle Conway Beem added to party Beth Jenkins(pty:pla), Attorney Danielle Conway Beem added to party William Jenkins (pty:pla) (Beem, Danielle) |
| Filing 11 NOTICE of Entry of Appearance by A. Mark Isley on behalf of Beth Jenkins, William Jenkins Attorney A. Mark Isley added to party Beth Jenkins(pty:pla), Attorney A. Mark Isley added to party William Jenkins (pty:pla) (Isley, A.) |
| Filing 10 NOTICE of Entry of Appearance by Clifford L. Beem on behalf of Beth Jenkins, William Jenkins Attorney Clifford L. Beem added to party Beth Jenkins(pty:pla), Attorney Clifford L. Beem added to party William Jenkins (pty:pla) (Beem, Clifford) |
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Filing 9
ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNINGCONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTINGSCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 8 October 2021. Consent Form due by 11/16/2021. Proposed Scheduling Order due 11/23/2021. Scheduling Conference set for 11/30/2021 10:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (csarr, )
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| 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. (norlin, ) |
| Filing 7 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (norlin, ) |
| Filing 6 AFFIDAVIT/RETURN of Service of Summons, Complaint, Coversheet, Delay Reduction Order, Pretrial Order and Discovery Protocol upon State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualy Company on 09/17/2021, (norlin, ) Modified on 10/12/2021 to correct text(norlin, ). |
| 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) (norlin, ) |
| Filing 4 COMPLAINT against State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company, filed by Beth Jenkins, William Jenkins.(norlin, ) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT. (Hall, Charles) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Hall, Charles) |
| Filing 1 NOTICE OF REMOVAL by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company from Denver County District Court, Case Number 2021CV32734. (Filing fee $ 402, Receipt Number ACODC-8116624), filed by State Farm Fire and Casualty Company, 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, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I, #12 Exhibit Exhibit J, #13 Exhibit Exhibit K, #14 Exhibit Exhibit L)(Wheeler, Karen) |
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