Brenner v. State Farm Mutual Automobile Insurance Company
| Tammy Brenner |
| State Farm Mutual Automobile Insurance Company |
| 1:2022cv01453 |
| June 9, 2022 |
| US District Court for the District of Colorado |
| Robert E Blackburn |
| Maritza Dominguez Braswell |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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Filing 33
REASSIGNING MAGISTRATE JUDGE. Due to the recent appointment of Magistrate Judge Nina Y. Wang as a United States District Judge, this action is randomly reassigned to Magistrate Judge Maritza Dominguez Braswell. All future pleadings should reference Magistrate Judge Dominguez Braswell at the end of the civil action number (22-cv-01453-REB-MDB). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Dominguez Braswell. (Text only entry) (agarc, )
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Filing 32
TRIAL PREPARATION CONFERENCE ORDER by Judge Robert E. Blackburn on 7/22/2022. All motions concerning the testimony of expert witnesses raising issues under Fed. R. Evid. 401, 702, 703, 704, or 705 as codified and construed shall be filed by April 28, 2023. A combined Final Pretrial Conference and Trial Preparation Conference is set 9/28/2023 at 02:30 PM in Courtroom A1001 before Judge Robert E. Blackburn. Five Day Jury Trial is set 10/23/2023 through 10/27/2023 at 08:30 AM in Courtroom A1001 before Judge Robert E. Blackburn. (rebsec)
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Filing 31
SCHEDULING ORDER: by Magistrate Judge Nina Y. Wang on July 21, 2022. (cpomm, )
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| Filing 30 COURTROOM MINUTES/MINUTE ORDER for Scheduling Conference held on 7/21/2022 before Magistrate Judge Nina Y. Wang. FTR: NYW-FTR. (cpomm, ) |
| Filing 29 Proposed Scheduling Order by Plaintiff Tammy Brenner. (Shapiro, Steven) |
| Filing 28 NOTICE of Entry of Appearance by Amy N. Rogers on behalf of Tammy BrennerAttorney Amy N. Rogers added to party Tammy Brenner(pty:pla) (Rogers, Amy) |
| Filing 27 Defendant's ANSWER to #22 Amended Complaint by State Farm Mutual Automobile Insurance Company.(Johnson, Katie) |
| Filing 26 NOTICE of Entry of Appearance by Caroline Maria Knight on behalf of State Farm Mutual Automobile Insurance CompanyAttorney Caroline Maria Knight added to party State Farm Mutual Automobile Insurance Company(pty:dft) (Knight, Caroline) |
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Filing 25
MINUTE ORDER granting the #23 Motion to Withdraw as Attorney. Attorney Eric C. Reece is hereby terminated from his representation of Defendant in this matter. By Magistrate Judge Nina Y. Wang on 07/01/2022. Text Only Entry(nywlc2, )
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| Filing 24 MEMORANDUM by Judge Robert E. Blackburn on 7/1/2022 regarding #23 MOTION to Withdraw of Eric C. Reece Pursuant to D.C. COLO.L ATTYR 5 filed by State Farm Mutual Automobile Insurance Company. Motion referred to Magistrate Judge Nina Y. Wang. Text Only Entry (rebsec) |
| Filing 23 MOTION to Withdraw of Eric C. Reece Pursuant to D.C. COLO.L ATTYR 5 by Defendant State Farm Mutual Automobile Insurance Company. (Johnson, Katie) |
| Filing 22 AMENDED COMPLAINT and Jury Demand against State Farm Mutual Automobile Insurance Company, filed by Tammy Brenner.(Shapiro, Steven) |
| Filing 21 NOTICE of Filing Amended Pleading re #12 Amended Complaint by Plaintiff Tammy Brenner (Attachments: #1 Exhibit Ex. A to Notice of Filing Amended Complaint Pursuant to Local Rule 15.1(a))(Shapiro, Steven) |
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Filing 20
ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a)and (b), this matter is referred to the assigned United States Magistrate Judge:(1) To convene a scheduling conference under FED. R. CIV. P. 16(b), enter a SchedulingOrder that satisfies the requirements of D.C.COLO.LCivR 16.2, and enter such orders asappropriate to enforce the Scheduling order and resolve discovery matters; provided, furtherthat the scheduling conference, the Magistrate Judge shall advise the parties of JudgeBlackburns practice standards found at www.cod.uscourts.gov.;(2) To hear and finally determine non-dispositive matters that have been referred,subject to the exceptions found in 28 U.S.C. 636(b)(1)(A); and(3) To hear and make recommendations on dispositive matters that have been referredas defined in 28 U.S.C. 636(b)(1)(A).Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 16.6. Onthe recommendation or informal request of the magistrate judge or on the request of the partiesby motion, this court may direct the parties to engage in an early neutral evaluation, asettlement conference, or another alternative dispute resolution proceeding. By Judge Robert E. Blackburn on 6/21/2022. Text Only Entry (rebsec)
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| Filing 19 CASE REASSIGNED pursuant to #18 Consent/Non-Consent Form to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Robert E. Blackburn. All future pleadings should be designated as 22-cv-01453-REB. (Text Only Entry). (alave, ) |
| Filing 18 CONSENT to Jurisdiction of Magistrate Judge by Defendant State Farm Mutual Automobile Insurance Company All parties do not consent.. (Johnson, Katie) |
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Filing 17
MINUTE ORDER construing #14 Defendant's Second Unopposed Motion for Extension of Time to Respond to the Complaint as the Parties' one stipulation pursuant to Local Rule 6.1(a). Pursuant to the Parties' stipulation, Defendant's answer is due 6/24/2022. By Magistrate Judge Nina Y. Wang on 06/17/2022. Text Only Entry(nywlc2, )
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| Filing 16 NOTICE of Entry of Appearance by Steven A. Shapiro on behalf of Tammy Brenner (Shapiro, Steven) |
| Filing 15 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #11 Notice of Entry of Appearance filed by attorneyS teven A. Shapiro.Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (cmadr, ) |
| Filing 14 Second MOTION for Extension of Time to File Answer or Otherwise Respond re #6 Complaint by Defendant State Farm Mutual Automobile Insurance Company. (Reece, Eric) |
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Filing 13
MINUTE ORDER: The #12 Amended Complaint filed by Tammy Brenner is STRICKEN as untimely under Rule 15(a). See Schwab v. Ingels, No. 18-2488-DDC-GEB, 2020 WL 2037049, at *2 (D. Kan. Apr. 28, 2020) (a party may amend as a matter of course "in one of two ways: (A) first, within 21 days after serving the pleading, or (B) second, within 21 days of service of a responsive pleading.... Outside those periods, any amendment to the pleadings requires the opposing party's written consent or the court's leave.") (emphasis added). If Plaintiff wishes to amend her Complaint, she may move to amend after conferral with the opposing party in compliance with the Local Rules. By Magistrate Judge Nina Y. Wang on 06/16/2022. Text Only Entry (nywlc2, )
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| Filing 12 STRICKEN AMENDED COMPLAINT and Jury Demand against State Farm Mutual Automobile Insurance Company, filed by Tammy Brenner.(Shapiro, Steven) Modified on 6/16/2022 pursuant to Minute Order 13. (alave, ). |
| Filing 11 NOTICE of Entry of Appearance by Steven A. Shapiro on behalf of Tammy BrennerAttorney Steven A. Shapiro added to party Tammy Brenner(pty:pla) (Shapiro, Steven) |
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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 06/10/2022. Consent Form due by 7/7/2022. Proposed Scheduling Order due 7/14/2022. Scheduling/Planning Conference set for 7/21/2022 09:30 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. (alave, )
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| Filing 9 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jcharl, ) |
| Filing 8 STATE COURT ORDER Granting Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. (jcharl, ) |
| Filing 7 AFFIDAVIT/RETURN of Service of Complaint and Jury Demand, Summons, District Court Civil Coversheet, Delay Reduction Order, and Pretrial Order upon State Farm Mutual Automobile Insurance Company on 05/13/2022. (jcharl, ) |
| Filing 6 Civil Complaint and Jury Demand against State Farm Mutual Automobile Insurance Company, filed by Tammy Brenner.(jcharl, ) |
| Filing 5 Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry. (jcharl, ) |
| 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) (jcharl, ) |
| Filing 3 NOTICE of Entry of Appearance by Katie Berit Johnson on behalf of State Farm Mutual Automobile Insurance CompanyAttorney Katie Berit Johnson added to party State Farm Mutual Automobile Insurance Company(pty:dft) (Johnson, Katie) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Reece, Eric) |
| Filing 1 NOTICE OF REMOVAL by State Farm Mutual Automobile Insurance Company from Denver County District Court, Case Number 2022CV31286. (Filing fee $ 402, Receipt Number ACODC-8499007), filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Reece, Eric) |
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