Balestreri v. Patriot America Insurance Company et al
| Mirian Balestreri |
| Patriot America Insurance Company dba Serious International Insurance Company, International Medical Group and Patriot America Insurance Company doing business as Serious International Insurance Company |
| 1:2021cv02735 |
| October 11, 2021 |
| US District Court for the District of Colorado |
| William J Martinez |
| Nina Y Wang |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 24
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 1 1/17/2021. Text Only Entry (wjmsec, )
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Filing 23
ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Magistrate Judge Wang, 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 11/17/2021. Text Only Entry (wjmsec, )
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| Filing 22 Amended MOTION to Transfer Case Venue, or in the Alternative Motion to Dismiss for Lack of Personal Jurisdiction by Defendant International Medical Group. (Attachments: #1 Exhibit Exhibit 1 - Winkle Declaration, #2 Exhibit Exhibit 2 - Application for Insurance, #3 Exhibit Exhibit 3 - Declaration of Medical Insurance, #4 Exhibit Exhibit 4 - Packet of Renewal Applications, #5 Exhibit Exhibit 5 - Patriot American Insurance Policy, #6 Exhibit Exhibit 6 - Unpublished Decisions Cited, #7 Proposed Order (PDF Only))(Haynes, Mark) |
| Filing 21 NOTICE of Entry of Appearance Entry of Appearance by Randall J. Paulsen on behalf of Mirian BalestreriAttorney Randall J. Paulsen added to party Mirian Balestreri(pty:pla) (Paulsen, Randall) |
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Filing 20
ORDER: This matter is before the Court on Defendant International Medical Group's Motion to Transfer Venue, or in the Alternative Motion to Dismiss for Lack of Personal Jurisdiction #13 . Notwithstanding the fact that the Defendant filed its Motion to Dismiss while this case was pending before Magistrate Judge Nina Y. Wang, the Motion is hereby STRICKEN for non-compliance with the undersigned's Revised Practice Standard III.C.1. This Practice Standard states that the page limits for ALL OTHER motions... Motion and Response [shall be]: 15 pages; Reply: 10 pages. Defendant is GRANTED leave to file an Amended Motion to Transfer which complies in all respects with this Court's Revised Practice Standards on or before November 19, 2021. SO ORDERED by Judge William J. Martinez on 11/15/2021. Text Only Entry(wjmsec, )
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Filing 19
MINUTE ORDER: In light of the reassignment of this case, the Scheduling Conference set for 11/10/2021 and the 11/09/2021 deadline to file a proposed Scheduling Order are VACATED, to be re-set if appropriate. By Magistrate Judge Nina Y. Wang on 11/10/2021. Text Only Entry (nywlc2, )
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| Filing 18 CASE REASSIGNED pursuant to #16 Consent/Non-Consent Form to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 21-cv-02735-WJM. (Text Only Entry). (alave, ) |
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Filing 17
MINUTE ORDER: In light of the filing of #16 Election Concerning Consent/Non-Consent to United Stated Magistrate Judge Jurisdiction by Defendant International Medical Group, the Status Conference scheduled for 11/10/2021 at 10:30 AM is hereby VACATED. By Magistrate Judge Nina Y. Wang on 11/8/2021. Text Only Entry (nywlc3, )
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| Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Defendant International Medical Group All parties do not consent.. (Haynes, Mark) |
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Filing 15
MINUTE ORDER: This matter is before the court on the #14 Minute Order, to provide the following CORRECTION: the Status Conference set for November 10, 2021 at 10:30 a.m. will be conducted TELEPHONICALLY, and not in person. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976, at the designated time. By Magistrate Judge Nina Y. Wang on 11/5/2021. Text Only Entry (nywlc3, )
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Filing 14
MINUTE ORDER by Magistrate Judge Nina Y. Wang on 11/05/2021. IT IS ORDERED that a Status Conference is set for November 10, 2021, at 10:30 a.m., in Courtroom A-502, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. The Parties or their counsel are required to appear in person at this Status Conference to complete the Consent/Nonconsent Form. The Status Conference will be vacated upon the filing of a completed Consent/Nonconsent Form. (alave, )
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| Filing 13 STRICKEN MOTION to Transfer Case Venue, or in the Alternative Motion to Dismiss for Lack of Personal Jurisdiction by Defendant International Medical Group. (Attachments: #1 Exhibit 1 - Wrinkle Declaration, #2 Exhibit 2 - Application for Insurance, #3 Exhibit 3 - Declaration of Medical Insurance, #4 Exhibit 4 - Renewal Policies, #5 Exhibit 5 - Insurance Policy, #6 Proposed Order (PDF Only))(Haynes, Mark) Modified on 11/17/2021 to strike pursuant to 20 Order (trvo, ). |
| Filing 12 NOTICE of Filing Register of Actions by Defendant International Medical Group (Attachments: #1 Exhibit A Register of Actions)(Haynes, Mark) |
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Filing 11
ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NONCONSENT FORM by Magistrate Judge Nina Y. Wang on 10/13/2021. Consent Form due by 11/2/2021. Proposed Scheduling Order due 11/9/2021 Scheduling/Planning Conference set for 11/16/2021 10:00 AM before Magistrate Judge Nina Y. Wang, via telephone conference. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976. (alave, )
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Filing 10
MINUTE ORDER: This court CONSTRUES the #9 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Complaint as the Parties' one stipulation under Local Rule 6.1(a). Defendant International Medical Group shall answer or otherwise respond to Plaintiff's #4 Complaint on or before 10/28/2021. By Magistrate Judge Nina Y. Wang on 10/13/2021. Text Only Entry(nywlc2, )
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| Filing 9 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #4 Complaint by Defendant International Medical Group. (Haynes, Mark) |
| Filing 8 MEMORANDUM RETURNING CASE by Senior Judge Lewis T. Babcock on 10/13/2021. This case is randomly reassigned to Magistrate Judge Nina Y. Wang. All future pleadings should be designated as 21-cv-02735-NYW. (trvo, ) |
| Filing 7 NOTICE of Entry of Appearance of Zachary J. Price by Zachary James Price on behalf of International Medical GroupAttorney Zachary James Price added to party International Medical Group(pty:dft) (Price, Zachary) |
| Filing 6 NOTICE of Entry of Appearance of Mark E. Haynes by Mark E. Haynes on behalf of International Medical Group (Haynes, Mark) |
| Filing 5 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (cpomm, ) |
| Filing 4 COMPLAINT against International Medical Group, Patriot America Insurance Company, filed by Mirian Balestreri.(cpomm, ) |
| Filing 3 Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry (cpomm, ) |
| 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) (cpomm, ) |
| Filing 1 NOTICE OF REMOVAL by International Medical Group from Boulder County District Court, Case Number 2021CV30365. (Filing fee $ 402, Receipt Number ACODC-8118598), filed by International Medical Group. (Attachments: #1 Exhibit 1 Summons, #2 Exhibit 2 Civil Cover Sheet, #3 Exhibit 3 Complaint, #4 Civil Cover Sheet)(Haynes, Mark) |
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