Adams-Arapahoe School District 28J v. Great American Insurance Company et al
| Adams-Arapahoe School District 28J doing business as Aurora Public Schools |
| Great American Insurance Company, Pennsylvania Manufacturers' Association Insurance Company, Old Republic Specialty Insurance Underwriters and Excess of Loss Self-Insurance Program |
| 1:2022cv00461 |
| February 23, 2022 |
| US District Court for the District of Colorado |
| Raymond P Moore |
| Scott T Varholak |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| Plaintiff |
Docket Report
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| Filing 60 BRIEF in Opposition to #35 MOTION to Remand to State Court filed by Defendants Old Republic Specialty Insurance Underwriters, Pennsylvania Manufacturers' Association Insurance Company. (Phillips, Steven) |
| Filing 59 RESPONSE to #35 MOTION to Remand to State Court filed by Defendant Great American Insurance Company. (Attachments: #1 Declaration of Yvonne Schulte in Support, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration)(Hoskins, Kevin) |
| Filing 58 PUBLIC/REDACTED FIRST AMENDED COMPLAINT to Restricted Document (ECF Doc. No. 24) against Excess of Loss Self-Insurance Program, Great American Insurance Company, Old Republic Specialty Insurance Underwriters, Pennsylvania Manufacturers' Association Insurance Company, filed by Adams-Arapahoe School District 28J.(morti, ) |
| Filing 57 PUBLIC/REDACTED COMPLAINT to Restricted Document (ECF Doc. No. 23) against Excess of Loss Self-Insurance Program, Great American Insurance Company, Old Republic Specialty Insurance Underwriters, Pennsylvania Manufacturers' Association Insurance Company, filed by Adams-Arapahoe School District 28J.(morti, ) |
| Filing 56 MINUTE ENTRY for Motion Hearing held before Magistrate Judge Scott T. Varholak on 4/12/2022. ORDERED: #27 Joint Motion to Restrict Access to Court File Pursuant to D.C.COLO.LCivR. 7.2 is DENIED to the extent it seeks leave to restrict the entirety of the case. The Redacted version of the Complaint [ECF Doc. No. 28-1] and the Redacted version of the First Amended Complaint [ECF Doc. No. 28-2] will be entered as stand alone documents. #38 Plaintiffs Motion for Extension of Time to Respond to Defendant Pennsylvania Manufacturers Association and Old Republic Specialty Insurance Underwriters Motion to Dismiss or, In the Alternative, Compel Arbitration is DENIED. #54 Plaintiffs Motion to Stay Proceedings Pending Determination of Motion to Remand is GRANTED. Telephonic Status Conference set for 8/24/2022 10:00 AM before Magistrate Judge Scott T. Varholak. FTR: 402. (morti, ) |
| Filing 55 MEMORANDUM regarding #54 MOTION to Stay Proceedings Pending Determination of Motion to Remand filed by Adams-Arapahoe School District 28J. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Raymond P. Moore on 4/12/2022. (Text Only Entry) (rmsec ) |
| Filing 54 MOTION to Stay Proceedings Pending Determination of Motion to Remand by Plaintiff Adams-Arapahoe School District 28J. (Anderson, Kerri) |
| Filing 53 REPLY to Response to #38 MOTION for Extension of Time to File Response/Reply as to #25 MOTION to Dismiss filed by Plaintiff Adams-Arapahoe School District 28J. (Anderson, Kerri) |
Filing 52
ORDER granting #49 Motion for Leave to Appear by Telephone. The identified counsel may appear at the Motion Hearing set for 4/12/2022 at 2:30pm TELEPHONICALLY by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in, and are instructed to simply wait until their case is called. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/7/2022. Text Only Entry(stvlc2, )
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| Filing 51 MEMORANDUM regarding #49 Joint MOTION for Leave to Appear by Telephone filed by Adams-Arapahoe School District 28J. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Raymond P. Moore on 4/7/2022. (Text Only Entry) (rmsec ) |
| Filing 50 NOTICE of Entry of Appearance by David Michael Rhodes on behalf of Great American Insurance CompanyAttorney David Michael Rhodes added to party Great American Insurance Company(pty:dft) (Rhodes, David) |
| Filing 49 Joint MOTION for Leave to Appear by Telephone by Plaintiff Adams-Arapahoe School District 28J. (Anderson, Kerri) |
| Filing 48 NOTICE of Entry of Appearance by Suman Chakraborty on behalf of Old Republic Specialty Insurance Underwriters, Pennsylvania Manufacturers' Association Insurance CompanyAttorney Suman Chakraborty added to party Old Republic Specialty Insurance Underwriters(pty:dft), Attorney Suman Chakraborty added to party Pennsylvania Manufacturers' Association Insurance Company(pty:dft) (Chakraborty, Suman) |
| Filing 47 NOTICE of Entry of Appearance by Marc Laurance Abrams on behalf of Old Republic Specialty Insurance Underwriters, Pennsylvania Manufacturers' Association Insurance CompanyAttorney Marc Laurance Abrams added to party Old Republic Specialty Insurance Underwriters(pty:dft), Attorney Marc Laurance Abrams added to party Pennsylvania Manufacturers' Association Insurance Company(pty:dft) (Abrams, Marc) |
| Filing 46 NOTICE of Entry of Appearance by Brian David Harrison on behalf of Great American Insurance CompanyAttorney Brian David Harrison added to party Great American Insurance Company(pty:dft) (Harrison, Brian) |
| Filing 45 RESPONSE to #38 MOTION for Extension of Time to File Response/Reply as to #25 MOTION to Dismiss filed by Defendants Old Republic Specialty Insurance Underwriters, Pennsylvania Manufacturers' Association Insurance Company. (Phillips, Steven) |
| Filing 44 NOTICE of Entry of Appearance of Stephen G. Everall by Stephen G. Everall on behalf of Excess of Loss Self-Insurance ProgramAttorney Stephen G. Everall added to party Excess of Loss Self-Insurance Program(pty:dft) (Everall, Stephen) |
| Filing 43 WAIVER OF SERVICE Returned Executed by Adams-Arapahoe School District 28J. Excess of Loss Self-Insurance Program waiver sent on 3/29/2022, answer due 5/28/2022. (Levin, Bradley) |
| Filing 42 SUMMONS issued by Clerk. (sdunb, ) |
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Filing 41
MINUTE ORDER This matter is before the Court on #38 Plaintiff's Motion for Extension of Time to Respond to #25 Defendant Pennsylvania Manufactures Association and Old Republic Specialty Insurance Underwriters' Motion to Dismiss or, in the Alternative, Compel Arbitration (the "Motion for Extension"). Defendants shall respond to the Motion for Extension on or before 4/05/2022, and Plaintiff may then file a reply on or before noon on 4/11/2022. A Motion Hearing re: the Motion for Extension is set for 4/12/2022 02:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/29/2022. Text Only Entry (stvlc1, )
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| Filing 40 MEMORANDUM regarding #38 MOTION for Extension of Time to File Response/Reply as to #25 MOTION to Dismiss filed by Adams-Arapahoe School District 28J. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Raymond P. Moore on 3/29/2022. (Text Only Entry) (rmsec) |
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Filing 39
MINUTE ORDER This matter is before the Court on #27 Motion for Leave to Restrict. A Motion Hearing on the Motion is set for 4/12/2022 02:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 03/29/2022. Text Only Entry (stvlc2, )
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| Filing 38 MOTION for Extension of Time to File Response/Reply as to #25 MOTION to Dismiss by Plaintiff Adams-Arapahoe School District 28J. (Anderson, Kerri) |
| Filing 37 SUMMONS REQUEST as to Excess of Loss Self-Insurance Program by Plaintiff Adams-Arapahoe School District 28J. (Levin, Bradley) |
| Filing 36 MEMORANDUM regarding #27 Joint MOTION for Leave to Restrict filed by Adams-Arapahoe School District 28J, #17 MOTION to Dismiss filed by Great American Insurance Company, #29 MOTION to Dismiss First Amended Complaint filed by Great American Insurance Company, #25 MOTION to Dismiss filed by Old Republic Specialty Insurance Underwriters, Pennsylvania Manufacturers' Association Insurance Company. Motions referred to Magistrate Judge Scott T. Varholak. By Judge Raymond P. Moore on 3/27/2022. (Text Only Entry) (rmsec ) |
| Filing 35 MOTION to Remand to State Court by Plaintiff Adams-Arapahoe School District 28J. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Levin, Bradley) |
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Filing 34
MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 3/25/2022. (Text Only Entry) (rmsec )
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Filing 33
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 D.C.COLO.LCivR 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 a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 3/25/2022. (Text Only Entry) (rmsec )
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| Filing 32 CASE REASSIGNED pursuant to #31 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Raymond P. Moore and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 22-cv-00461-RM. (Text Only Entry) (cmadr, ) |
| Filing 31 CONSENT to Jurisdiction of Magistrate Judge by Defendant Great American Insurance Company All parties do not consent.. (Hoskins, Kevin) |
| Filing 30 STIPULATION for Extension of Time for Plaintiff to Respond to Defendant Great American Insurance Company's Motion to Dismiss by Plaintiff Adams-Arapahoe School District 28J. (Anderson, Kerri) |
| Filing 29 MOTION to Dismiss First Amended Complaint by Defendant Great American Insurance Company. (Attachments: #1 Exhibit Exhibit A)(Hoskins, Kevin) |
| Filing 28 RESPONSE to #27 Joint MOTION for Leave to Restrict filed by Defendant Great American Insurance Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Hoskins, Kevin) |
| Filing 27 Joint MOTION for Leave to Restrict by Plaintiff Adams-Arapahoe School District 28J. (Anderson, Kerri) |
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Filing 26
ORDER granting in part and denying in part #19 Motion to Withdraw Document and Restrict Access. The Clerk of Court is directed to place Dkt. Nos. 1-2, 6, 14-2, and 15 under level 1 restriction and these versions of the complaint are WITHDRAWN. However, based on the information contained in the motion the Court cannot determine that the identified privacy interests outweigh the public interest such that they require the entirety of the Complaint and Amended Complaint to be placed under restriction. In particular, the identity of any minors can be protected through the use of initials, pursuant to FRCP 5.2, and the parties have only identified that certain information that was not redacted may be violative of the confidentiality provisions in a previous settlement agreement between the parties. This does not lead the Court to believe that redaction of the entire complaint is necessary to protect the privacy interests at stake. Accordingly, the Motion is DENIED to the extent that it seeks to file the complaints under restriction without providing any public version. On or before 3/21/2022, the parties shall file into the record a public version of the Complaint and Amended Complaint, using initials to identify any minors and redacting only the confidential information related to the settlement agreements. If the parties believe that these measures do not sufficiently protect their privacy interests, the parties shall instead file, on or before 3/21/2022, a renewed motion to restrict in which they provide further information, explanation, and support regarding the need for additional protections. Additionally, based on the Court's review of the docket, it appears that there me be a question as to diversity jurisdiction of this removal matter. To the degree that Plaintiff seeks to file a motion to remand as to this issue, any such motion shall be filed on or before 3/25/2022. Finally, the deadline to file the form indicating consent/ nonconsent to magistrate judge jurisdiction is VACATED and RESET to 3/25/2022. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/14/2022. Text Only Entry(stvlc2, )
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| Filing 25 MOTION to Dismiss by Defendants Old Republic Specialty Insurance Underwriters, Pennsylvania Manufacturers' Association Insurance Company. (Attachments: #1 Continuation of Main Document Memorandum in Support of Motion to Dismiss or in the Alternative Compel Arbitration, #2 Exhibit A)(Phillips, Steven) |
| Filing 24 RESTRICTED DOCUMENT - Level 1: UNREDACTED AMENDED STATE COURT COMPLAINT by Plaintiff Adams-Arapahoe School District 28J.. (Levin, Bradley) Modified to add document title on 3/10/2022 (cmadr, ). |
| Filing 23 RESTRICTED DOCUMENT - Level 1: UNREDACTED STATE COURT COMPLAINT by Plaintiff Adams-Arapahoe School District 28J.. (Levin, Bradley) Modified on to add document title 3/10/2022 (cmadr, ). |
| Filing 22 NOTICE of Entry of Appearance by Kerri Jane Rugh on behalf of Adams-Arapahoe School District 28JAttorney Kerri Jane Rugh added to party Adams-Arapahoe School District 28J(pty:pla) (Rugh, Kerri) |
| Filing 21 NOTICE of Entry of Appearance by Bradley Aaron Levin on behalf of Adams-Arapahoe School District 28JAttorney Bradley Aaron Levin added to party Adams-Arapahoe School District 28J(pty:pla) (Levin, Bradley) |
| Filing 20 SUPPLEMENT/AMENDMENT to #1 Notice of Removal,, by Defendants Old Republic Specialty Insurance Underwriters, Pennsylvania Manufacturers' Association Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Phillips, Steven) |
| Filing 19 Joint MOTION to Withdraw Document re 15 Amended Complaint, 6 Complaint and to Restrict Access to the Complaint and Amended Complaint by Defendant Great American Insurance Company. (Hoskins, Kevin) |
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Filing 18
ORDER granting #16 Motion for Extension of Time to Answer or Otherwise Respond. Old Republic Specialty Insurance Underwriters answer due 3/18/2022. Pennsylvania Manufacturers' Association Insurance Company answer due 3/18/2022.SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/3/2022. Text Only Entry(stvlc2, )
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| Filing 17 MOTION to Dismiss by Defendant Great American Insurance Company. (Attachments: #1 Exhibit Exhibit A)(Hoskins, Kevin) |
| Filing 16 MOTION for Extension of Time to File Answer or Otherwise Respond re 15 Amended Complaint, by Defendants Old Republic Specialty Insurance Underwriters, Pennsylvania Manufacturers' Association Insurance Company. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Phillips, Steven) |
| Filing 14 SUPPLEMENT/AMENDMENT to #1 Notice of Removal,, by Defendants Old Republic Specialty Insurance Underwriters, Pennsylvania Manufacturers' Association Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Phillips, Steven) Modified on 4/13/2022 to restrict attachment 2 pursuant to 26 Order (agarc, ). |
| Filing 13 NOTICE of Entry of Appearance by Muliha Alia Khan on behalf of Old Republic Specialty Insurance Underwriters, Pennsylvania Manufacturers' Association Insurance CompanyAttorney Muliha Alia Khan added to party Old Republic Specialty Insurance Underwriters(pty:dft), Attorney Muliha Alia Khan added to party Pennsylvania Manufacturers' Association Insurance Company(pty:dft) (Khan, Muliha) |
| Filing 12 NOTICE of Entry of Appearance by Steven Eric Phillips on behalf of Old Republic Specialty Insurance Underwriters, Pennsylvania Manufacturers' Association Insurance CompanyAttorney Steven Eric Phillips added to party Old Republic Specialty Insurance Underwriters(pty:dft), Attorney Steven Eric Phillips added to party Pennsylvania Manufacturers' Association Insurance Company(pty:dft) (Phillips, Steven) |
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Filing 11
ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on February 24, 2022. Consent Form due by 4/13/2022. Proposed Scheduling Order due 4/20/2022 Scheduling Conference set for 4/27/2022 11:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (csarr, )
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Filing 10
MINUTE ORDER This matter is before the Court regarding #1 Notice of Removal and 6 Complaint. Defendant has removed this matter to this Court and has filed a complaint that is completely redacted. 6 Defendant has also filed a state court order regarding the Complaint, which states This case shall be suppressed for 60 days. During these 60 days, the parties shall confer as to how the identity of the minors identified in the complaint can be protected, through the use of initials or other means. #7 Federal Rule of Civil Procedure 5.2 provides the rule regarding the identification of minors in federal court proceedings. The parties are instructed to review the rule and confer on the matter. On or before 3/9/2022, the parties shall file an Amended Complaint that complies with FRCP 5.2. If the parties do not believe that FRCP 5.2 sufficiently addresses the parties' privacy concerns, on or before 3/9/2022 they shall instead file a restricted and unredacted version of the complaint, accompanied by a motion to restrict that complies with the requirements of D.C.COLO.LCivR 7.2. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/24/2022. Text Only Entry (stvlc2, )
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| Filing 9 NOTICE re #1 Notice of Removal,, Notice of Consent Pursuant to 28 U.S.C. 1446(b)(2)(A) by Defendants Old Republic Specialty Insurance Underwriters, Pennsylvania Manufacturers' Association Insurance Company (Phillips, Steven) |
| 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 STATE COURT ORDER - ORDER Re: Motion to Limit Access Pursuant to C.R.C.O 121 1-5, entered on January 22, 2022 by Denver County District Court Judge (norlin, ) |
| Filing 5 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (norlin, ) |
| Filing 4 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 3 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:Kevin Scott Hoskins. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (norlin, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent American Financial Group, Inc. for Great American Insurance Company. (Hoskins, Kevin) |
| Filing 1 NOTICE OF REMOVAL by Great American Insurance Company from Denver County District Court, Case Number 2022CV030204. (Filing fee $ 402, Receipt Number CCODC-8332406), filed by Great American Insurance Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Civil Cover Sheet Federal Civil Cover Sheet)(Hoskins, Kevin) Modified on 4/13/2022 to restrict attachment 2 pursuant to 26 Order (agarc, ). |
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