American Family Insurance Company, SI v. Orgill Inc. et al
| American Family Insurance Company, SI |
| FOT, LLC, Zhejiang Focus-On Import & Export Co. Ltd and Orgill Inc. |
| 1:2022cv02128 |
| August 19, 2022 |
| US District Court for the District of Colorado |
| Denver Office |
| Robert E Blackburn |
| Philip A Brimmer |
| Michael E Hegarty |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| None |
Docket Report
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This docket was last retrieved on September 26, 2022. A more recent docket listing may be available from PACER.
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Filing 24
Minute ORDER by Magistrate Judge Michael E. Hegarty on 26 September 2022. Pursuant to the parties' telephonic request, the Fed. R. Civ. P. 16(b) Scheduling Conference currently set on October 25, 2022 at 10:15 a.m., in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado, is reset to 3:00 p.m. later that same day. (Time Change Only.) (cmadr, )
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Filing 23
Minute ORDER by Magistrate Judge Michael E. Hegarty on 23 September 2022. Proposed Scheduling Order due 10/18/2022. Scheduling Conference set for 10/25/2022 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (cmadr, )
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Filing 22
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty 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, by Chief Judge Philip A. Brimmer on 9/22/2022. Text Only Entry (pabsec, )
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Filing 21
MINUTE ORDER by Chief Judge Philip A. Brimmer on 9/22/2022, re: #20 Response to Order to Show Cause filed by FOT, LLC, Zhejiang Focus-On Import & Export Co. Ltd. ORDERED that the Order to Show Cause, Docket No. 14, and Second Order to Show Cause, Docket No. 19, are hereby DISCHARGED.. (sphil, )
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| Filing 20 RESPONSE TO ORDER TO SHOW CAUSE re #19 by Defendants FOT, LLC, Zhejiang Focus-On Import & Export Co. Ltd. (Attachments: #1 Exhibit A)(Swift, Jeremy) |
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Filing 19
SECOND ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 9/7/2022. ORDERED that, on or before September 21, 2022, FOT and Zhejiang shall show cause why this case should not be remanded to state court due to the Court's lack of subject matter jurisdiction. (sphil, ) Modified on 9/7/2022 to edit text. (sphil, ).
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| Filing 18 RESPONSE TO ORDER TO SHOW CAUSE (also filed on behalf of Orgill, Inc.) re #14 by Defendants FOT, LLC, Zhejiang Focus-On Import & Export Co. Ltd. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Swift, Jeremy) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT. (Swift, Jeremy) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT. (Swift, Jeremy) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Corporate Parent American Family Insurance Company, S.I. for American Family Insurance Company, SI. (Poynter, Jennifer) |
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Filing 14
ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 08/25/2022. ORDERED that, on or before September 7, 2022, Orgill shall show cause why this case should not be remanded to state court due to the Courts lack of subject matter jurisdiction. (sapod, )
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| Filing 13 MEMORANDUM RETURNING CASE by Senior Judge Robert E. Blackburn. This case is randomly reassigned to Chief Judge Philip A. Brimmer for all further proceedings. All future pleadings should be designated as 22-cv-02128-PAB. (sphil, ) |
| Filing 12 NOTICE of Entry of Appearance by Jeremy Love Swift on behalf of FOT, LLC, Zhejiang Focus-On Import & Export Co. LtdAttorney Jeremy Love Swift added to party FOT, LLC(pty:dft), Attorney Jeremy Love Swift added to party Zhejiang Focus-On Import & Export Co. Ltd(pty:dft) (Swift, Jeremy) |
| Filing 11 NOTICE of Entry of Appearance Matthew Foster by Jennifer Ann Poynter on behalf of American Family Insurance Company, SI (Poynter, Jennifer) |
| Filing 10 NOTICE of Entry of Appearance Jennifer A. Poynter by Jennifer Ann Poynter on behalf of American Family Insurance Company, SIAttorney Jennifer Ann Poynter added to party American Family Insurance Company, SI(pty:pla) (Poynter, Jennifer) |
| Filing 9 APPENDIX re #1 Notice of Removal by Defendant Orgill Inc.. (Attachments: #1 Exhibit 04272022, #2 Exhibit 04272022, #3 Exhibit Complaint - 04272022, #4 Exhibit Notice Judicial Civil Case Management - 04272022, #5 Exhibit of Service - 05122022, #6 Exhibit Amended Complaint - 06212022, #7 Exhibit Order Regarding Possible Dismissal for Failure to Serve 07012022, #8 Exhibit Order for Motion for Default Judgment or Status Report 07012022, #9 Exhibit Amended Complaint 07072022, #10 Exhibit Entry of Appearance 07072022, #11 Exhibit Summons - 07072022, #12 Exhibit Status Report - 07142022, #13 Exhibit Exhibit 1 - 07142022, #14 Exhibit Exhibit 2 - 07142022, #15 Exhibit Exhibit 2 - Notice Letter - 07152022, #16 Exhibit Exhibit 1 - Letter from Orgill Counsel - 07152022, #17 Exhibit Motion for Leave to File 2nd Amended Complaint - 07152022, #18 Exhibit Proposed Order RE Plaintiff's Motion for Leave to File 2nd Amended Complaint - 07152022, #19 Exhibit Exhibit 4 - 2nd Amended Complaint - 07152022, #20 Exhibit Exhibit 3 - Email from Taiping General - 07152022, #21 Exhibit 2nd Amended Complaint - 07182022, #22 Exhibit Order RE Pltf's Motion for Leave to file 2nd Amended Complaint - 07182022, #23 Exhibit Summons - 07202022, #24 Exhibit Return of Service Zhejiang - 07252022, #25 Exhibit Affidavit of Service - 07272022, #26 Exhibit Def FOT LLCs Answer to Pltfs 2nd Amd Complaint & Jury Demand - 08012022, #27 Exhibit Entry of Appearance - 08052022, #28 Exhibit Defendant Zhejiang Focus-On Import & Expert Co Ltds Answer to Ps 2nd Amd Complaint & Jury Demand - 08172022, #29 Exhibit Def Orgill Inc's Notice of Filing of Notice of Removal - 08192022, #30 Exhibit Exhibit A - 08192022, #31 Exhibit D Orgill Inc's Answer & Jury Demand - 08192022)(Hames, Thomas) |
| Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (norlin, ) |
| Filing 7 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry (norlin, ) |
| Filing 6 Second Amended COMPLAINT against FOT, LLC, Orgill Inc., Zhejiang Focus-On Import & Export Co. Ltd, filed by American Family Insurance Company, SI.(norlin, ) |
| Filing 5 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 4 Administrative Notice: Notice to filer of non-compliance with Notice of Removal case opening procedures. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1, and 28 U.S.C. 1446(a). All State court documents were not submitted.See Appendix B Notice of Removal in the User Guide - Attorney Case Opening Procedures document. (norlin, ) |
| Filing 3 CERTIFICATE Notice of Related Cases re: #1 Notice of Removal by Defendant Orgill Inc.. (Hames, Thomas) |
| Filing 2 CERTIFICATE Defendant Orgill, Inc.'s Fed. R. Civ. P.7.1 Disclosure Statement re: #1 Notice of Removal by Defendant Orgill Inc.. (Hames, Thomas) |
| Filing 1 NOTICE OF REMOVAL by Orgill Inc. (Filing fee $ 402, Receipt Number ACODC-8615434), filed by Orgill Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Docket Sheet Larimer District Court)(Hames, Thomas) |
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