Escobar v. State Farm Mutual Automobile Insurance Company
| Edwin Escobar |
| State Farm Mutual Automobile Insurance Company |
| 1:2022cv02968 |
| November 16, 2022 |
| U.S. District Court for the District of Colorado |
| John L Kane |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 NOTICE of Entry of Appearance Entry of Appearance of Emily Somervill, Esq. of Galperin & Associates by Emily Anne Somervill on behalf of Edwin EscobarAttorney Emily Anne Somervill added to party Edwin Escobar(pty:pla) (Somervill, Emily) |
Filing 15
ORDER denying without prejudice #10 Motion to Dismiss the Second and Third Claims for Relief in Plaintiff's Complaint submitted by Defendant State Farm Mutual Automobile Insurance Company. After Defendant filed its Motion to Dismiss, Plaintiff Edwin Escobar filed an Amended Complaint #13 as a matter of course pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). In Plaintiff's Response to Defendant's Motion to Dismiss #14 , Plaintiff contends the Amended Complaint alleges sufficient additional facts to support his second and third claims for relief and urges the Court to deny Defendant's Motion on that basis. Because Defendant's Motion does not address the new allegations in the Amended Complaint, I find it prudent to deny the Motion with leave for Defendant to refile an updated motion to dismiss, if appropriate. Accordingly, Defendant's Motion to Dismiss the Second and Third Claims for Relief in Plaintiff's Complaint #10 is DENIED WITHOUT PREJUDICE. Defendant must file an answer to the Amended Complaint or a new motion to dismiss on or before January 18, 2023. Ordered by Judge John L. Kane on 1/4/2023. Text Only Entry(jlksec)
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| Filing 14 RESPONSE to #10 MOTION to Dismiss the Second and Third Claims for Relief in Plaintiff's Complaint Plaintiff's Response to Defendant's Motion to Dismiss the Second and Third Claims for Relief in Plaintiff's Complaint filed by Plaintiff Edwin Escobar. (Galperin, Jacob) |
| Filing 13 AMENDED COMPLAINT Plaintiff's First Amended Complaint with Jury Demand against State Farm Mutual Automobile Insurance Company, filed by Edwin Escobar.(Galperin, Jacob) |
| Filing 12 CERTIFICATE of Mailing/Service re #10 MOTION to Dismiss the Second and Third Claims for Relief in Plaintiff's Complaint by Defendant State Farm Mutual Automobile Insurance Company. (Johnson, Katie) |
| Filing 11 NOTICE of Entry of Appearance Entry of Appearance of Jacob Galperin, Esq. by Jacob Galperin on behalf of Edwin EscobarAttorney Jacob Galperin added to party Edwin Escobar(pty:pla) (Galperin, Jacob) |
| Filing 10 MOTION to Dismiss the Second and Third Claims for Relief in Plaintiff's Complaint by Defendant State Farm Mutual Automobile Insurance Company. (Randel, Sara) |
| Filing 9 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (norlin, ) |
| Filing 8 Case assigned to Judge John L. Kane and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry (norlin, ) |
| Filing 7 AFFIDAVIT/RETURN of Service of Summons, Complaint with Jury Demand, Civil Case Cover Sheet upon State Farm Mutual Automobile Insurance Company on 10/26/2022 (norlin, ) |
| Filing 6 COMPLAINT and Jury Demand against State Farm Mutual Automobile Insurance Company, filed by Edwin Escobar.(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 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 3 CORPORATE DISCLOSURE STATEMENT. (Randel, Sara) |
| Filing 2 NOTICE of Entry of Appearance by Sara Naomi Randel on behalf of State Farm Mutual Automobile Insurance Company (Randel, Sara) |
| Filing 1 NOTICE OF REMOVAL by State Farm Mutual Automobile Insurance Company from Denver County District Court, Case Number 2022CV033131. (Filing fee $ 402, Receipt Number ACODC-8781659), filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Civil Cover Sheet Civil Cover Sheet)(Randel, Sara) |
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| Plaintiff: Edwin Escobar | |
| Represented By: | Jacob Galperin |
| Represented By: | Emily Anne Somervill |
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| Defendant: State Farm Mutual Automobile Insurance Company | |
| Represented By: | Sara Naomi Randel |
| Represented By: | Katie Berit Johnson |
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