Herrig et al v. American Family Mutual Insurance Company, S.I.
| Greg Herrig and Angela Herrig |
| American Family Mutual Insurance Company, S.I. |
| 1:2022cv00693 |
| March 21, 2022 |
| US District Court for the District of Colorado |
| William J Martinez |
| Nina Y Wang |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 22
ORDER: This matter is before the Court on #13 Defendant American Family Mutual Insurance Company's Motion to Dismiss ("Motion"). Because Plaintiff has now filed #17 the Amended Complaint, the Motion is now moot. See Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991) ("[I]t is well established that an amended complaint ordinarily supersedes the original and renders it of no legal effect."); Gotfredson v. Larsen LP, 432 F. Supp. 2d 1163, 1172 (D. Colo. 2006) (noting that defendants' dispositive motions are "technically moot because they are directed at a pleading that is no longer operative"); Birman v. Berkebile, 2015 WL 5159078, at *1 (D. Colo. Sept. 3, 2015) (denying as moot a motion for summary judgment due to filing of an amended complaint). Accordingly, the Motion is DENIED WITHOUT PREJUDICE. Additionally, the Court notes that Defendant filed another #21 Motion to Dismiss on May 2, 2022. SO ORDERED by Judge William J. Martinez on 5/3/2022. Text Only Entry(wjmlc1, )
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| Filing 21 MOTION to Dismiss for Failure to State a Claim by Defendant American Family Mutual Insurance Company, S.I.. (Attachments: #1 Exhibit A)(Nierenberg, Lily) |
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Filing 20
SCHEDULING ORDER: by Magistrate Judge Nina Y. Wang on April 20, 2022. (cpomm, )
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Filing 19
MINUTE ORDER: This action is before the court sua sponte. Upon review of the Parties' proposed Scheduling Order #18 , this court finds no material disputes and finds that entering the proposed Scheduling Order, with edits from the court, without appearance of counsel is warranted. Accordingly, this court concurrently ENTERS the Scheduling Order and VACATES the Scheduling Conference set for April 26, 2022 at 10:00 a.m. By Magistrate Judge Nina Y. Wang on 04/20/2022. Text Only Entry (nywlc2, )
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| Filing 18 Proposed Scheduling Order by Defendant American Family Mutual Insurance Company, S.I.. (Nierenberg, Lily) |
| Filing 17 AMENDED COMPLAINT against American Family Mutual Insurance Company, S.I., filed by Greg Herrig, Angela Herrig.(Quisenberry, Andrew) |
| Filing 16 NOTICE of Filing Amended Pleading by Plaintiffs Angela Herrig, Greg Herrig (Attachments: #1 Exhibit A - First Amended Complaint - Redline)(Quisenberry, Andrew) |
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Filing 15
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, 2021 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 4/ 1/2022. Text Only Entry (wjmsec, )
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Filing 14
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 4/1/2022. Text Only Entry (wjmsec, )
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| Filing 13 MOTION to Dismiss by Defendant American Family Mutual Insurance Company, S.I.. (Attachments: #1 Exhibit A)(Nierenberg, Lily) |
| Filing 12 CASE REASSIGNED pursuant to #11 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge Nina Y. Wang. All future pleadings should be designated as 22-cv-00693-WJM. (Text Only Entry) (cmadr, ) |
| Filing 11 CONSENT to Jurisdiction of Magistrate Judge by Defendant American Family Mutual Insurance Company, S.I. All parties do not consent.. (Nierenberg, Lily) |
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Filing 10
ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NONCONSENT FORM by Magistrate Judge Nina Y. Wang on 23 March 2022. Consent Form due by 4/12/2022. Proposed Scheduling Order due 4/19/2022. Scheduling Conference set for 4/26/2022 10:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976. (cmadr, )
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| Filing 9 NOTICE of Entry of Appearance by Andrew Curry Quisenberry on behalf of Angela Herrig, Greg HerrigAttorney Andrew Curry Quisenberry added to party Angela Herrig(pty:pla), Attorney Andrew Curry Quisenberry added to party Greg Herrig(pty:pla) (Quisenberry, Andrew) |
| 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. (jtorr, ) |
| Filing 7 Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry. (jtorr, ) |
| Filing 6 STATE COURT ORDER Granting Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint by Jefferson County District Court Judge Philip James McNulty on 3/15/2022. (jtorr, ) |
| Filing 5 RETURN of Service of Summons, District Court Civil Case Cover Sheet, Civil Procedure Order, and Complaint and Jury Demand upon American Family Mutual Insurance Company, S.I. on 2/18/2022. (jtorr, ) |
| Filing 4 NOTICE of Entry of Appearance by Sandy Marie Eloranto on behalf of American Family Mutual Insurance Company, S.I.Attorney Sandy Marie Eloranto added to party American Family Mutual Insurance Company, S.I.(pty:dft) (Eloranto, Sandy) |
| Filing 3 COMPLAINT and Jury Demand against American Family Mutual Insurance Company, S.I., filed by Greg Herrig, Angela Herrig.(jtorr, ) |
| 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) (jtorr, ) |
| Filing 1 NOTICE OF REMOVAL by American Family Mutual Insurance Company, S.I. from District Court for Jefferson County, Case Number 2022cv30095. (Filing fee $ 402, Receipt Number ACODC-8372538), filed by American Family Mutual Insurance Company, S.I.. (Attachments: #1 Civil Cover Sheet Federal Civil Cover Sheet, #2 Exhibit Ex A - Complaint & Jury Demand, #3 Exhibit Ex B - CO Secretary of State Summary, #4 Exhibit Ex C - Civil Case Cover Sheet, #5 Exhibit Ex D - Summons, #6 Exhibit Ex E - Civil Procedure Order, #7 Exhibit Ex F - Affidavit of Service, #8 Exhibit Ex G - Defendant's motion for extension of time to respond to complaint., #9 Exhibit Ex H - Court Order Granting Defendant's Motion, #10 Exhibit Ex I - Notice of Intent to Remove, #11 Exhibit Ex J - Composite re Diversity, #12 Exhibit Ex K - Register of Actions, #13 Exhibit Corporate Disclosure Statement)(Nierenberg, Lily) |
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