Colbert v. American Family Mutual Insurance Company, SI
Plaintiff: Joy Colbert
Defendant: American Family Mutual Insurance Company, SI
Case Number: 1:2022cv01857
Filed: July 27, 2022
Court: US District Court for the District of Colorado
Presiding Judge: Kristen L Mix
Referring Judge: Nina Y Wang
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 23, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 23, 2022 Opinion or Order Filing 23 MINUTE ORDER: This matter is before the Court upon a review of the docket. "It is well established that an amended complaint ordinarily supersedes the original and renders it of no legal effect." Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991). Therefore, any motion to dismiss directed at a superseded pleading is moot. Scott v. Buckner Co., 388 F. Supp. 3d 1320, 1324 (D. Colo. 2019). Here, Plaintiff's #13 First Amended Complaint and Jury Demand superseded the original #5 Complaint, which renders the #9 Partial Motion to Dismiss directed at the original Complaint moot. Accordingly, the #9 Partial Motion to Dismiss is DENIED as moot. By Judge Nina Y. Wang on 09/23/2022. Text Only Entry(nywlc2, )
September 23, 2022 Opinion or Order Filing 22 MINUTE ORDER by Magistrate Judge Kristen L. Mix on 09/22/2022. IT IS HEREBY ORDERED that the Motion #16 is GRANTED. The Scheduling Conference set for October 4, 2022, at 11:00 a.m. is VACATED and RESET to October 24, 2022, at 9:30 a.m. in Courtroom A-401 of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. IT IS FURTHER ORDERED that, no later than October 17, 2022, the parties shall submit their proposed scheduling order, pursuant to District of Colorado Electronic Case Filing ("ECF") Procedures.(alave, )
September 23, 2022 Filing 21 MEMORANDUM regarding #16 Joint MOTION to Reset Scheduling Conference filed by Joy Colbert. Motion referred to Magistrate Judge Kristen L. Mix. By Magistrate Judge Kristen L. Mix on 09/23/2022. Text Only Entry (nywlc2, )
September 23, 2022 Opinion or Order Filing 20 ORDER REFERRING CASE: This case is referred to Magistrate Judge Kristen L. Mix for non-dispositive matters. 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, and (4) conduct a pretrial conference and enter a pretrial order. 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. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 09/23/2022. Text Only Entry (nywlc2, )
September 22, 2022 Filing 19 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge Nina Y. Wang and drawn to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 2-cv-01857-NYW. (athom, )
September 22, 2022 Filing 18 CASE REASSIGNED pursuant to #17 Minute Order. All parties do not consent. This case is randomly reassigned to Judge Robert E. Blackburn. All future pleadings should be designated as 22-cv-01857-REB. (Text Only Entry). (alave, )
September 22, 2022 Opinion or Order Filing 17 MINUTE ORDER by Magistrate Judge Kristen L. Mix on 09/22/2022. IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). re: #15 Consent/Non-Consent Form to Jurisdiction of Magistrate Judge filed by Joy Colbert. (alave, )
September 21, 2022 Filing 16 Joint MOTION to Reset Scheduling Conference by Plaintiff Joy Colbert. (Quisenberry, Andrew)
September 21, 2022 Filing 15 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Joy Colbert All parties do not consent.. (Quisenberry, Andrew)
September 7, 2022 Filing 14 MOTION to Dismiss for Failure to State a Claim by Defendant American Family Mutual Insurance Company, SI. (Nierenberg, Lily)
August 24, 2022 Filing 13 AMENDED COMPLAINT against American Family Mutual Insurance Company, SI, filed by Joy Colbert.(Quisenberry, Andrew)
August 24, 2022 Filing 12 NOTICE of Filing Amended Pleading by Plaintiff Joy Colbert (Attachments: #1 Exhibit A - First Amended Complaint - Redline)(Quisenberry, Andrew)
August 4, 2022 Filing 11 NOTICE of Entry of Appearance by Andrew Curry Quisenberry on behalf of Joy ColbertAttorney Andrew Curry Quisenberry added to party Joy Colbert(pty:pla) (Quisenberry, Andrew)
August 4, 2022 Opinion or Order Filing 10 ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on 08/04/2022. Proposed Scheduling Order due 9/27/2022. Scheduling/Planning Conference set for 10/4/2022 11:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document) (alave, )
August 3, 2022 Filing 9 MOTION to Dismiss by Defendant American Family Mutual Insurance Company, SI. (Nierenberg, Lily)
July 28, 2022 Filing 6 RETURN of Service of Summons, Complaint and Jury Demand, District Court Civil (CV) Cover Sheet upon American Family Mutual Insurance Company, S.I. on 7/6/2022 (norlin, )
July 28, 2022 Filing 5 COMPLAINT and JURY Demand against American Family Mutual Insurance Company, SI, filed by Joy Colbert.(norlin, )
July 27, 2022 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, )
July 27, 2022 Filing 7 Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry (norlin, )
July 27, 2022 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, )
July 27, 2022 Filing 3 CORPORATE DISCLOSURE STATEMENT. (Eloranto, Sandy)
July 27, 2022 Filing 2 NOTICE of Entry of Appearance by Sandy Marie Eloranto on behalf of American Family Mutual Insurance Company, SIAttorney Sandy Marie Eloranto added to party American Family Mutual Insurance Company, SI(pty:dft) (Eloranto, Sandy)
July 27, 2022 Filing 1 NOTICE OF REMOVAL by American Family Mutual Insurance Company, SI from Boulder County District Court, Case Number 2022cv30372. (Filing fee $ 402, Receipt Number ACODC-8574644), filed by American Family Mutual Insurance Company, SI. (Attachments: #1 Civil Cover Sheet Federal Civil Cover Sheet, #2 Exhibit Ex A - Complaint, #3 Exhibit Ex B - Colorado Secretary of State, #4 Exhibit Ex C - State Civil Cover Sheet, #5 Exhibit Ex D - Affidavit of Service, #6 Exhibit Ex E - State N. Intent to Remove, #7 Exhibit Ex F - Summons, #8 Exhibit Ex G - Register of Actions, #9 Exhibit Ex H - Diversity Compilation)(Nierenberg, Lily)

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Plaintiff: Joy Colbert
Represented By: Andrew Curry Quisenberry
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Defendant: American Family Mutual Insurance Company, SI
Represented By: Sandy Marie Eloranto
Represented By: Lily E. Nierenberg
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