Burgard et al v. Kemper Insurance Company et al
| Robert Burgard and TP Enterprises, Inc. |
| Kemper Insurance Company and Alpha Property and Casualty Insurance Company |
| 1:2022cv01812 |
| July 22, 2022 |
| US District Court for the District of Colorado |
| Denver Office |
| Robert E Blackburn |
| S Kato Crews |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 16, 2022. A more recent docket listing may be available from PACER.
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Filing 43
ORDER granting #40 Motion to Reset. Telephonic Scheduling Conference is RESET for 10/31/2022 10:00 AM before Magistrate Judge S. Kato Crews. No later than seven days before the conference, counsel shall file a proposed scheduling order and email a WORD copy to Crews_chambers@cod.uscourts.gov. Dial-in instructions remain the same. SO ORDERED by Magistrate Judge S. Kato Crews on 9/16/2022. Text Only Entry(amont, )
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| Filing 42 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #40 Joint MOTION to Reset Scheduling Conference and Associated Deadlines filed by attorney Lily E. Nierenberg. The format for the attorneys signature block is not correct. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil Cases). (Text Only Entry) (athom, ) |
| Filing 41 MEMORANDUM regarding #40 Joint MOTION to Reset Scheduling Conference and Associated Deadlines filed by Alpha Property and Casualty Insurance Company. Motion referred to Magistrate Judge S. Kato Crews. By Judge Robert E. Blackburn on 9/12/2022. Text Only Entry (rebsec) |
| Filing 40 Joint MOTION to Reset Scheduling Conference and Associated Deadlines by Defendant Alpha Property and Casualty Insurance Company. (Nierenberg, Lily) |
| Filing 39 NOTICE of Entry of Appearance For Plaintiff Robert Burgard by Steven Carson Beardsley on behalf of Robert BurgardAttorney Steven Carson Beardsley added to party Robert Burgard(pty:pla) (Beardsley, Steven) |
| Filing 38 NOTICE of Entry of Appearance for Plaintiff Robert Burgard by Michael Steven Beardsley on behalf of Robert BurgardAttorney Michael Steven Beardsley added to party Robert Burgard(pty:pla) (Beardsley, Michael) |
| Filing 37 CONSENT to Jurisdiction of Magistrate Judge by Defendant Alpha Property and Casualty Insurance Company All parties do not consent.. (Johnson, Katie) |
| Filing 36 NOTICE of Appearance of Steven C. Beardsley by Plaintiff Robert Burgard (Beardsley, Steven) |
| Filing 35 NOTICE of Appearance of Michael S. Beardsley by Plaintiff Robert Burgard (Beardsley, Michael) |
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Filing 34
MINUTE ORDER Setting Telephone Rule 16(b) Scheduling Conference. Telephone Scheduling Conference set for 9/19/2022 10:30 AM before Magistrate Judge S. Kato Crews.The parties shall file their proposed scheduling order and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, no later than seven calendar days before the conference. At the scheduled time, counsel shall call the Court provided conference line at (888) 251-2909 Access Code: 5662814#. SO ORDERED by Magistrate Judge S. Kato Crews on 7/28/2022. Text Only Entry (amont, )
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| Filing 33 NOTICE of Entry of Appearance by Lily E. Nierenberg on behalf of Alpha Property and Casualty Insurance Company. Attorney Lily E. Nierenberg added to party Alpha Property and Casualty Insurance Company(pty:dft) (Nierenberg, Lily) Modified on 7/25/2022 to correct filer and applicable party (athom, ). |
| Filing 32 NOTICE of Entry of Appearance by Katie Berit Johnson on behalf of Alpha Property and Casualty Insurance Company. Attorney Katie Berit Johnson added to party Alpha Property and Casualty Insurance Company(pty:dft) (Johnson, Katie) Modified on 7/25/2022 to correct filer and applicable party (athom, ). |
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Filing 31
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. 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 7/22/2022. Text Only Entry (rebsec)
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| Filing 30 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (norlin, ) |
| Filing 29 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge S. Kato Crews. Text Only Entry (norlin, ) |
| Filing 28 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 27 Case transferred in from District of South Dakota; Case Number 5:21-cv-05060. File, transfer order and docket sheet received |
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Filing 26
ORDER reversing in part and affirming in part #22 Order on Motion to Change Venue. This action is transferred to the District of Colorado. Signed by U.S. District Judge Karen E. Schreier on 7/21/2022. (DJP) [Transferred from South Dakota on 7/22/2022.]
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| Filing 25 RESPONSE to #23 Objection to Magistrate Judge Order filed by Alpha Property and Casualty Insurance Company. (Eden, Shane) [Transferred from South Dakota on 7/22/2022.] |
| Filing 24 AFFIDAVIT of Michael S. Beardsley re #23 OBJECTION to #22 Magistrate Judge Order by Robert Burgard, TP Enterprises, Inc. . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Beardsley, Michael) [Transferred from South Dakota on 7/22/2022.] |
| Filing 23 OBJECTION to #22 Magistrate Judge Order by Robert Burgard, TP Enterprises, Inc. (Beardsley, Michael) [Transferred from South Dakota on 7/22/2022.] |
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Filing 22
ORDER granting #13 Motion to Change Venue. Signed by US Magistrate Judge Veronica L. Duffy on 1/24/2022. (PM) [Transferred from South Dakota on 7/22/2022.]
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Filing 21
ORDER REFERRING MOTION: #13 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) filed by Alpha Property and Casualty Insurance Company Signed by U.S. District Judge Karen E. Schreier on 1/6/2022. Motions referred to Veronica L. Duffy.(DJP) [Transferred from South Dakota on 7/22/2022.]
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| Filing 20 REPLY to #13 Motion to Change Venue filed by Alpha Property and Casualty Insurance Company. (Eden, Shane) [Transferred from South Dakota on 7/22/2022.] |
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Filing 19
ORDER granting #18 Motion to Extend. Reply Brief due on or before January 5, 2022. Signed by U.S. District Judge Karen E. Schreier on 12/21/2021. (VMM) [Transferred from South Dakota on 7/22/2022.]
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| Filing 18 Unopposed MOTION for Extension of Time to File Answer / Reply Brief in Support of Defendant's Motion to Transfer Venue by Alpha Property and Casualty Insurance Company. (Eden, Shane) Modified on 12/21/2021 to change event type (VMM) [Transferred from South Dakota on 7/22/2022.] |
| Filing 17 AFFIDAVIT in Opposition re #13 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) filed by Robert Burgard. (Attachments: #1 Exhibit Burgard Depo Excerpts, #2 Exhibit Trowbridge Depo Excerpts, #3 Exhibit Beardsley letter to Kemper) (Beardsley, Michael) [Transferred from South Dakota on 7/22/2022.] |
| Filing 16 RESPONSE to #13 MOTION to Change Venue; 14 Memorandum in Support of Motion for Change of Venue filed by Robert Burgard. (Beardsley, Michael) Modified to link to Motion on 12/16/2021 (JLS). [Transferred from South Dakota on 7/22/2022.] |
| Filing 15 AFFIDAVIT in Support re #13 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) filed by Alpha Property and Casualty Insurance Company. (Attachments: #1 Exhibit 1 - vehicle policy, #2 Exhibit 2 - 05-20-2019 letter, #3 Exhibit 3 - 06-04-2019 letter, #4 Exhibit 4 - 06-10-219 letter, #5 Exhibit 5 - 10-16-2019 letter, #6 Exhibit 6 - 04-12-2021 Final PreTrial Order) (Eden, Shane) [Transferred from South Dakota on 7/22/2022.] |
| Filing 14 MEMORANDUM in Support re #13 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) filed by Alpha Property and Casualty Insurance Company. (Eden, Shane) [Transferred from South Dakota on 7/22/2022.] |
| Filing 13 MOTION to Change Venue Pursuant to 28 U.S.C. 1404(a) by Alpha Property and Casualty Insurance Company. (Eden, Shane) [Transferred from South Dakota on 7/22/2022.] |
| Filing 12 CORPORATE Disclosure Statement by Alpha Property and Casualty Insurance Company identifying Corporate Parent Trinity Universal Insurance for Alpha Property and Casualty Insurance Company. (Eden, Shane) [Transferred from South Dakota on 7/22/2022.] |
| Filing 11 ANSWER to #4 Amended Complaint by Alpha Property and Casualty Insurance Company. (Eden, Shane) [Transferred from South Dakota on 7/22/2022.] |
| Filing 10 NOTICE of Extension of Time to Answer or Otherwise Respond by Alpha Property and Casualty Insurance Company, Kemper Insurance Company . (Eden, Shane) [Transferred from South Dakota on 7/22/2022.] |
| Filing 9 NOTICE of Appearance by Shane E. Eden on behalf of Alpha Property and Casualty Insurance Company, Kemper Insurance Company. (Eden, Shane) [Transferred from South Dakota on 7/22/2022.] |
| Filing 8 ACKNOWLEDGEMENT OF SERVICE Executed by Larry Deiter Acknowledgement filed by Robert Burgard. (Beardsley, Michael) [Transferred from South Dakota on 7/22/2022.] |
| Filing 7 Amended Summons Issued as to Alpha Property and Casualty Insurance Company, Kemper Insurance Company. 1 Summons(es), a Rule 73 Memo, and AO 85s for each party delivered to plaintiff's counsel via electronic delivery. (Attachments: #1 Amended Summons, #2 AO85)(MSB) [Transferred from South Dakota on 7/22/2022.] |
| Filing 6 REQUEST FOR ISSUANCE OF AMENDED SUMMONS(ES) by Robert Burgard. (Beardsley, Michael) [Transferred from South Dakota on 7/22/2022.] |
| NOTICE of Filing Error: #5 Request for Issuance of Summons was filed in error and should be disregarded. (Beardsley, Michael) [Transferred from South Dakota on 7/22/2022.] |
| Filing 5 (Filed in Error) REQUEST FOR ISSUANCE OF AMENDED SUMMONS(ES) by Robert Burgard. (Beardsley, Michael) Modified on 10/12/2021 (MSB). [Transferred from South Dakota on 7/22/2022.] |
| Filing 4 AMENDED COMPLAINT, with Jury Demand . (Beardsley, Michael) [Transferred from South Dakota on 7/22/2022.] |
| Filing 3 Summons Issued as to Kemper Insurance Company. 1 Summons(es), a Rule 73 Memo, and AO 85s for each party delivered to plaintiff's counsel via electronic delivery. (Attachments: #1 Summons, #2 AO85)(MSB) [Transferred from South Dakota on 7/22/2022.] |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS(ES) by Robert Burgard. (Beardsley, Michael) [Transferred from South Dakota on 7/22/2022.] |
| Filing 1 COMPLAINT with Jury Demand, $402.00 fee paid, receipt# ASDDC-3639455, in shell case on 09/29/2021 filed by TP Enterprises, Inc., Robert Burgard on 09/29/2021. (MSB) [Transferred from South Dakota on 7/22/2022.] |
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