Acquest Holdings FC, LLC et al v. Johnson Controls, Inc.
| Acquest Holdings FC, LLC, Allied World National Assurance Co., ACE American Ins. Co., Certain Underwriters at Lloyds Subscribing to Policy of Ins. 20CVSSPNP302011, Endurance American Specialty Ins. Co., Everest Indemnity Ins. Co., AIG Specialty Ins. Co., Zurich American Ins. Co., Allied World National Assurance Company, ACE American Insurance Company, Insurance Policy 20CVSSPNP302011, Endurance American Specialty Insurance Company, Everest Indemnity Insurance Company, AIG Specialty Insurance Company and Zurich American Insurance Company |
| Johnson Controls, Inc. |
| 1:2023cv00636 |
| March 10, 2023 |
| U.S. District Court for the District of Colorado |
| Charlotte N Sweeney |
| Scott T Varholak |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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Filing 29
MINUTE ORDER: A Final Pretrial Conference is set for 10/1/2024 at 10:00 AM in Courtroom A 702 before Judge Charlotte N. Sweeney. The parties' Proposed Final Pretrial Order is due by 9/24/2024. In addition to filing, please email the proposed order in editable format to [email protected]. By Judge Charlotte N. Sweeney on 4/28/2023. Text Only Entry (cnssec. )
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| Filing 28 RESPONSE to #14 Partial MOTION to Dismiss (Plaintiffs' Response In Opposition) Attorney George M. Ferreti added to party Allied World National Assurance Company(pty:pla), Attorney George M. Ferreti added to party Endurance American Specialty Insurance Company(pty:pla), Attorney George M. Ferreti added to party Insurance Policy 20CVSSPNP302011(pty:pla) filed by Plaintiffs AIG Specialty Insurance Company, Acquest Holdings FC, LLC, Allied World National Assurance Company, Endurance American Specialty Insurance Company, Insurance Policy 20CVSSPNP302011. (Ferreti, George) |
| Filing 27 NOTICE of Entry of Appearance by Christopher William Dan on behalf of Johnson Controls, Inc.Attorney Christopher William Dan added to party Johnson Controls, Inc.(pty:dft) (Dan, Christopher) |
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Filing 26
SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 4/27/2023. (morti, )
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| Filing 25 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Scott T. Varholak on 4/27/2023. Discovery due by 4/30/2024. Dispositive Motions due by 5/31/2024. FTR: A402. (morti, ) |
| Filing 24 Proposed Scheduling Order by Plaintiffs ACE American Insurance Company, Everest Indemnity Insurance Company, Zurich American Insurance Company. (MacArthur, Cheri) |
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Filing 23
ORDER granting #21 Defendant's Unopposed Motion for Telephonic Appearance at Scheduling Conference. All parties that wish to participate in the Scheduling Conference set for 4/27/2023 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak by telephone shall do so by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. The participants may hear the conclusion of a prior hearing at the time they call in and are instructed to simply wait until their case is called. The Court further ADVISES the parties to review the Civil Practice Standards for Judge Sweeney (available #here) and Magistrate Judge Varholak (available #here). Pursuant to Magistrate Judge Varholak's Civil Practice Standards, requests to appear by telephone may be made by emailing chambers at [email protected] and copying all counsel of record. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/19/2023. Text Only Entry(stvlc3, Andrew)
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| Filing 22 MEMORANDUM regarding #21 Unopposed Motion for Leave to Appear Via Telephonic at Scheduling Conference. Motion #21 is referred to Magistrate Judge Scott T. Varholak, By Judge Charlotte N. Sweeney on 4/19/2023. Text Only Entry (cnssec. ) |
| Filing 21 Unopposed MOTION for Leave to Appear Via Telephonic at Scheduling Conference by Defendant Johnson Controls, Inc.. (Lipp, Jordan) |
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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 4/17/23. Text Only Entry (jdyne)
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| Filing 19 MEMORANDUM RETURNING CASE by Judge Robert E. Blackburn. 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 23-cv-00636-CNS . (sphil, ) |
| Filing 18 NOTICE of Entry of Appearance by Sara H. Cherkis on behalf of Johnson Controls, Inc.Attorney Sara H. Cherkis added to party Johnson Controls, Inc.(pty:dft) (Cherkis, Sara) |
| Filing 17 CASE REASSIGNED pursuant to #16 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 23-cv-00636-REB. (Text Only Entry) (csarr, ) |
| Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs ACE American Insurance Company, Everest Indemnity Insurance Company, Zurich American Insurance Company All parties do not consent.. (MacArthur, Cheri) |
| Filing 15 NOTICE of Entry of Appearance for Certain Plaintiffs by Andrew Thomas Perry on behalf of Acquest Holdings FC, LLCAttorney Andrew Thomas Perry added to party Acquest Holdings FC, LLC(pty:pla) (Perry, Andrew) |
| Filing 14 Partial MOTION to Dismiss by Defendant Johnson Controls, Inc.. (Attachments: #1 Exhibit 1)(Lipp, Jordan) |
| Filing 13 NOTICE of Entry of Appearance for Certain Plaintiffs by George M. Ferreti on behalf of Acquest Holdings FC, LLCAttorney George M. Ferreti added to party Acquest Holdings FC, LLC(pty:pla) (Ferreti, George) |
| Filing 12 NOTICE of Entry of Appearance by Steven Carl Swanson on behalf of AIG Specialty Insurance Company, Acquest Holdings FC, LLC, Allied World National Assurance Company, Endurance American Specialty Insurance Company, Insurance Policy 20CVSSPNP302011Attorney Steven Carl Swanson added to party AIG Specialty Insurance Company(pty:pla), Attorney Steven Carl Swanson added to party Acquest Holdings FC, LLC(pty:pla), Attorney Steven Carl Swanson added to party Allied World National Assurance Company(pty:pla), Attorney Steven Carl Swanson added to party Endurance American Specialty Insurance Company(pty:pla), Attorney Steven Carl Swanson added to party Insurance Policy 20CVSSPNP302011(pty:pla) (Swanson, Steven) |
| Filing 11 NOTICE of Filing by Defendant Johnson Controls, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lipp, Jordan) |
| Filing 10 NOTICE of Entry of Appearance by Cheri Lynn MacArthur on behalf of ACE American Insurance Company, Everest Indemnity Insurance Company, Zurich American Insurance CompanyAttorney Cheri Lynn MacArthur added to party ACE American Insurance Company(pty:pla), Attorney Cheri Lynn MacArthur added to party Everest Indemnity Insurance Company(pty:pla), Attorney Cheri Lynn MacArthur added to party Zurich American Insurance Company(pty:pla) (MacArthur, Cheri) |
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Filing 9
ORDER granting #8 Defendant's Unopposed Motion for Extension. For good cause shown, Defendant shall respond to Plaintiff's Complaint not later than 4/7/2023. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/16/23. Text Only Entry(stvlc3, Andrew)
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| Filing 8 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #3 Complaint, by Defendant Johnson Controls, Inc.. (Lipp, Jordan) |
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Filing 7
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 13 March 2023. Consent Form due by 4/13/2023. Proposed Scheduling Order due 4/20/2023. Scheduling Conference set for 4/27/2023 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, )
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| Filing 6 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 5 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (norlin, ) |
| Filing 4 AFFIDAVIT/RETURN of Service of Attachment(s), Summons, Complaint, Notice upon Johnson Controls, Inc. on 2/10/2023 (norlin, ) |
| Filing 3 COMPLAINT and Jury Demand against Johnson Controls, Inc., filed by Everest Indemnity Insurance Company, ACE American Insurance Company, AIG Specialty Insurance Company, Allied World National Assurance Company, Zurich American Insurance Company, Acquest Holdings FC, LLC, Insurance Policy 20CVSSPNP302011, Endurance American Specialty Insurance 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 Johnson Controls, Inc. from Larimer County District Court, Case Number 2023CV30090. (Filing fee $ 402, Receipt Number ACODC-8984046), filed by Johnson Controls, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Lipp, Jordan) |
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