Flax v. Acuity, A Mutual Insurance Company
Plaintiff: Wendy Flax
Defendant: Acuity, A Mutual Insurance Company
Case Number: 1:2023cv00006
Filed: January 3, 2023
Court: U.S. District Court for the District of Colorado
Presiding Judge: Michael E Hegarty
Referring Judge: Regina M Rodriguez
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on February 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 21, 2023 Opinion or Order Filing 24 SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 21 February 2023. (cmadr, )
February 21, 2023 Filing 23 COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 2/21/2023.FTR: A501. (cthom, )
February 13, 2023 Filing 22 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #21 Notice of Entry of Appearance filed by attorney H. Giovanni Camacho. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (jtorr, )
February 10, 2023 Filing 21 NOTICE of Entry of Appearance by Hector Giovanni Camacho on behalf of Acuity, A Mutual Insurance CompanyAttorney Hector Giovanni Camacho added to party Acuity, A Mutual Insurance Company(pty:dft) (Camacho, Hector)
February 8, 2023 Opinion or Order Filing 20 ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. 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) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) 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. SO ORDERED by Judge Regina M. Rodriguez on 2/8/2023. Text Only Entry (rmrja)
February 7, 2023 Filing 19 Proposed Scheduling Order by Defendant Acuity, A Mutual Insurance Company. (Temple, Kurt)
February 7, 2023 Filing 18 MEMORANDUM RETURNING CASE, by Senior Judge John L. Kane. This case is randomly returned to Judge Regina M. Rodriguez for all further proceedings. All future pleadings should be designated as 23-cv-6-RMR(angar, )
February 7, 2023 Filing 17 CASE REASSIGNED pursuant to #16 Order. All parties do not consent. This case is randomly reassigned to Judge John L. Kane and drawn to Magistrate Judge Michael E. Hegarty. All future pleadings should be designated as 23-cv-00006-JLK. (Text Only Entry) (cmadr, )
February 7, 2023 Opinion or Order Filing 16 Minute ORDER by Magistrate Judge Michael E. Hegarty on 7 February 2023. Pursuant to the consent form filed by the parties declining consent under D.C.Colo.LCivR 40.1(c) (ECF #15 ), the Court directs the Clerk of the Court to reassign this case under D.C.Colo.LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72 and D.C.Colo.LCivR 72.1(c). (cmadr, )
February 6, 2023 Filing 15 CONSENT to Jurisdiction of Magistrate Judge by Defendant Acuity, A Mutual Insurance Company All parties do not consent.. (Temple, Kurt)
January 17, 2023 Opinion or Order Filing 14 Minute ORDER by Magistrate Judge Michael E. Hegarty on 17 January 2023. Before the Court is Defendant's Response to Order to Show Cause (ECF #12 ) and Plaintiff's Stipulation (ECF #13 ). In light of the provided information, this Court's Order (ECF #10 ) is discharged. Consent Form due by 2/13/2023. Proposed Scheduling Order due 2/14/2023. Scheduling Conference set for 2/21/2023 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (cmadr, )
January 13, 2023 Filing 13 STIPULATION re #12 Response to Order to Show Cause Regarding Plaintiff's Domicile by Defendant Acuity, A Mutual Insurance Company. (Temple, Kurt)
January 13, 2023 Filing 12 RESPONSE TO ORDER TO SHOW CAUSE re #10 by Defendant Acuity, A Mutual Insurance Company. (Temple, Kurt)
January 10, 2023 Filing 11 ANSWER to #3 Amended Complaint AND JURY DEMAND by Acuity, A Mutual Insurance Company.(Temple, Kurt)
January 6, 2023 Opinion or Order Filing 10 DISCHARGED ORDER TO SHOW CAUSE by Magistrate Judge Michael E. Hegarty on 6 January 2023. It is ORDERED that Defendant file a written response to this Order to Show Cause on or before January 27, 2023, demonstrating why the Court should not remand this case (or recommend that it be remanded) for lack of subject matter jurisdiction. (cmadr, ) Modified pursuant to ECF #14 on 1/17/2023 (cmadr, ).
January 4, 2023 Filing 9 NOTICE of Entry of Appearance by Jamie H. Rezmovits on behalf of Wendy FlaxAttorney Jamie H. Rezmovits added to party Wendy Flax(pty:pla) (Rezmovits, Jamie)
January 4, 2023 Filing 8 NOTICE of Entry of Appearance by Frank I. Scheitler on behalf of Wendy FlaxAttorney Frank I. Scheitler added to party Wendy Flax(pty:pla) (Scheitler, Frank)
January 3, 2023 Filing 7 SUPPLEMENT/AMENDMENT to #1 Notice of Removal, by Defendant Acuity, A Mutual Insurance Company. (Attachments: #1 Exhibit A)(Temple, Kurt)
January 3, 2023 Filing 6 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. (Text Only Entry) (norlin, )
January 3, 2023 Filing 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (norlin, )
January 3, 2023 Filing 4 Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry (norlin, )
January 3, 2023 Filing 3 AMENDED COMPLAINT and Jury Demand against Acuity, A Mutual Insurance Company, filed by Wendy Flax.(norlin, )
January 3, 2023 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, )
January 3, 2023 Filing 1 NOTICE OF REMOVAL by Acuity, A Mutual Insurance Company from Boulder County District Court, Case Number 2022CV30416. (Filing fee $ 402, Receipt Number ACODC-8862354), filed by Acuity, A Mutual Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Temple, Kurt)

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Plaintiff: Wendy Flax
Represented By: Frank I. Scheitler
Represented By: Jamie H. Rezmovits
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Defendant: Acuity, A Mutual Insurance Company
Represented By: Kurt Christian Temple
Represented By: Hector Giovanni Camacho
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