Xcel Energy Services, Inc. et al v. National American Insurance Company
| XCEL ENEGRY SERVICES, INC., a Delaware corporation, SOUTHWESTERN PUBLIC SERVICE COMPANY, a New Mexico corporation, Xcel Energy Services, Inc. and Southwestern Public Service Company |
| NATIONAL AMERICAN INSURANCE COMPANY, an Oklahoma corporation and National American Insurance Company |
| 1:2022cv02802 |
| October 24, 2022 |
| US District Court for the District of Colorado |
| Charlotte N Sweeney |
| Scott T Varholak |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 1, 2023. A more recent docket listing may be available from PACER.
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| Filing 30 RESPONSE to #14 MOTION to Transfer Case filed by Plaintiffs Southwestern Public Service Company, Xcel Energy Services, Inc.. (Attachments: #1 Exhibit 1)(Clarke, Robyn) |
| Filing 29 RESPONSE to #13 MOTION to Dismiss Plaintiffs' Third Claim For Relief filed by Plaintiffs Southwestern Public Service Company, Xcel Energy Services, Inc.. (Attachments: #1 Exhibit 1)(Clarke, Robyn) |
| Filing 28 NOTICE of Entry of Appearance by Robyn L. Clarke on behalf of Southwestern Public Service Company, Xcel Energy Services, Inc.Attorney Robyn L. Clarke added to party Southwestern Public Service Company(pty:pla), Attorney Robyn L. Clarke added to party Xcel Energy Services, Inc.(pty:pla) (Clarke, Robyn) |
Filing 27
SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 12/22/2022. (morti, )
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| Filing 26 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Scott T. Varholak on 12/22/2022. Discovery due by 11/24/2023. Dispositive Motions due by 1/8/2024. FTR: A402. (morti, ) |
| Filing 25 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Xcel Energy Inc. for Southwestern Public Service Company, Xcel Energy Services, Inc.. (Levin, Bradley) |
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Filing 24
ORDER granting #23 Unopposed Motion for Extension of Time to File Responses as to #13 Motion to Dismiss Plaintiffs' Third Claim For Relief and #14 Motion to Transfer Case. The responses are now due on or before 12/22/2022. By Judge Charlotte N. Sweeney on 12/20/2022. Text Only Entry(cnssec. )
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| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss Plaintiffs' Third Claim For Relief, #14 MOTION to Transfer Case by Plaintiffs Southwestern Public Service Company, Xcel Energy Services, Inc.. (Levin, Bradley) |
| Filing 22 Proposed Scheduling Order by Defendant National American Insurance Company. (Kennedy, Brian) |
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Filing 21
MINUTE ORDER: This matter is before the Court sua sponte. Due to a conflict in the Court's calendar, the Scheduling Conference set for 12/22/2022 at 10:30 AM is RESET as to time only for the same date at 11:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/13/22. Text Only Entry (stvlc3, Andrew)
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Filing 20
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak 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 Local Civ. R. 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, (4) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. By Judge Charlotte N. Sweeney on 12/8/2022. Text Only Entry (cnssec. )
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| Filing 19 CASE REASSIGNED pursuant to #18 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 22-cv-02802-CNS. (Text Only Entry) (cmadr, ) |
| Filing 18 CONSENT to Jurisdiction of Magistrate Judge by Defendant National American Insurance Company All parties do not consent.. (Kennedy, Brian) |
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Filing 17
MINUTE ORDER: This matter is before the Court sua sponte. Due to a docketing error, this case was not properly set for a Scheduling Conference on December 22, 2022 at 10:15 AM as Ordered in #8 Order Setting Deadline For Filing Election Concerning Consent/Non-Consent To Magistrate Jurisdiction Form And Setting Scheduling Conference. The Scheduling Conference is therefore VACATED and RESET for 12/22/2022 at 10:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The Consent Form remains due by 12/8/2022, and the Proposed Scheduling Order remains due 12/15/2022. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/2/22. Text Only Entry (stvlc3, Andrew)
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Filing 16
ORDER Granting #15 Plaintiff's Unopposed Motion for Extension. For good cause shown, Plaintiff shall respond to Defendant's Motion to Dismiss Plaintiffs' Third Claim for Relief and to Defendant's Motion to Transfer pursuant to U.S.C. 1404(a) not later than 12/19/2022. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/23/22. Text Only Entry(stvlc3, Andrew)
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| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss Plaintiffs' Third Claim For Relief, #14 MOTION to Transfer Case by Plaintiffs Southwestern Public Service Company, Xcel Energy Services, Inc.. (Levin, Bradley) |
| Filing 14 MOTION to Transfer Case by Defendant National American Insurance Company. (Attachments: #1 Exhibit A - Patrick Gilmore Affidavit, #2 Exhibit B - Distance between Denver and OKC, #3 Exhibit C - Federal Court Management Statistics)(Kennedy, Brian) |
| Filing 13 MOTION to Dismiss Plaintiffs' Third Claim For Relief by Defendant National American Insurance Company. (Attachments: #1 Exhibit A - Construction Services Agreement, #2 Exhibit B - CES Policy, #3 Exhibit C - CES Excess Policy, #4 Exhibit D - Titan Policy, #5 Exhibit E - Titan Excess Policy)(Kennedy, Brian) |
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Filing 12
ORDER granting #11 Defendant National American Insurance Company's Unopposed Motion For Clarification Or In The Alternative For Extension Of Time To File Answer Or Other Response To Plaintiffs' Complaint. Defendant shall answer or otherwise respond to Plaintiff's complaint not later than November 7, 2022. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/2/22. Text Only Entry(stvlc3, Andrew)
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| Filing 11 Unopposed MOTION to Clarify re #5 State Court Order, by Defendant National American Insurance Company. (Kennedy, Brian) |
| Filing 10 NOTICE of Entry of Appearance by Nelson Andrew Waneka on behalf of Southwestern Public Service Company, Xcel Energy Services, Inc.Attorney Nelson Andrew Waneka added to party Southwestern Public Service Company(pty:pla), Attorney Nelson Andrew Waneka added to party Xcel Energy Services, Inc.(pty:pla) (Waneka, Nelson) |
| Filing 9 NOTICE of Entry of Appearance by Bradley Aaron Levin on behalf of Southwestern Public Service Company, Xcel Energy Services, Inc.Attorney Bradley Aaron Levin added to party Southwestern Public Service Company(pty:pla), Attorney Bradley Aaron Levin added to party Xcel Energy Services, Inc.(pty:pla) (Levin, Bradley) |
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Filing 8
ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 25 October 2022. Consent Form due by 12/8/2022. Proposed Scheduling Order due 12/15/2022. Scheduling Conference set for 12/15/2022 10:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, )
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| Filing 7 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (norlin, ) |
| Filing 6 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (norlin, ) |
| Filing 5 STATE COURT ORDER re: Defendant National American Insurance Company Unopposed Motion for Extension of Time to File and Answer or Other Response to Plaintiffs' Complaint granted on 10/20/2022 by Denver County District Court Judge J. Eric Elliff. (norlin, ) |
| Filing 4 AFFIDAVIT of Service of Summons, Complaint and Jury Demand, District Court Civil Cover Sheet, Delay Reduction Order, Pretrial Order upon National American Insurance Company on 9/26/2022 (norlin, ) |
| Filing 3 COMPLAINT and Jury Demand against National American Insurance Company, filed by Xcel Energy Services, Inc., Southwestern Public Service Company.(norlin, ) |
| 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) (norlin, ) |
| Filing 1 NOTICE OF REMOVAL by NATIONAL AMERICAN INSURANCE COMPANY, an Oklahoma corporation from Denver County District Court, Case Number 2022CV32527. (Filing fee $ 402, Receipt Number ACODC-8738037), filed by NATIONAL AMERICAN INSURANCE COMPANY, an Oklahoma corporation. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A Civil Case Cover Sheet., #3 Exhibit B Complaint, #4 Exhibit C Return of Service on Defendant., #5 Exhibit D Summons., #6 Exhibit E Delay Reduction Order, #7 Exhibit F Pretrial Order, #8 Exhibit G Defs' Unopp Mot Ext., #9 Exhibit H Order Granting Motion for Extension)(Kennedy, Brian) |
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