Johnston v. State Farm Fire and Casualty Company
| David L Johnston |
| State Farm Fire and Casualty Company |
| 1:2023cv00905 |
| April 12, 2023 |
| US District Court for the District of Colorado |
| Robert E Blackburn |
| Kristen L Mix |
| Nina Y Wang |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on May 18, 2023. A more recent docket listing may be available from PACER.
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Filing 21
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on 05/18/2023. Proposed Scheduling Order due 8/23/2023. Scheduling/Planning Conference set for 8/30/2023 09:30 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document, #3 Continuation of Main Document) (alave, )
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Filing 20
ORDER REFERRING CASE: This case is referred to Magistrate Judge Kristen L. Mix 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, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. 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. Alternatively, the Magistrate Judge, at her discretion, may 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. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 04/27/2023. Text Only Entry (nywlc2, )
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Filing 19
MINUTE ORDER: In light of #18 Plaintiff's Diversity Disclosure Statement, the Status Conference set for 5/2/23 is VACATED. By Judge Nina Y. Wang on 04/27/2023. Text Only Entry (nywlc2, )
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| Filing 18 STATEMENT Plaintiff's Diversity Disclosure Statement by Plaintiff David L Johnston. (Monheit, Rodney) |
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Filing 17
MINUTE ORDER: On April 18, 2023, the Court ordered both Parties to file a Rule 7.1 disclosure statement identifying their respective states of citizenship on or before April 25, 2023. See [Doc. 12]. Defendant complied with this Order, see [Doc. 14], but Plaintiff did not, nor did Plaintiff seek an extension of the Court's deadline. While Defendant filed a Supplemental Disclosure Statement, see [Doc. 16], Defendant's filing does not excuse Plaintiff's obligation to comply with Court orders, nor does Defendant's filing affirmatively establish Plaintiff's citizenship. Accordingly, it is ORDERED that a Status Conference is set for 5/2/2023 at 10:00 AM in Courtroom A 502 before Judge Nina Y. Wang. The Parties are advised that the Status Conference will be automatically vacated upon Plaintiff's compliance with this Court's April 18, 2023 Order. By Judge Nina Y. Wang on 04/26/2023. Text Only Entry (nywlc2, )
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| Filing 16 SUPPLEMENT/AMENDMENT to 12 Minute Order,,, #14 Notice (Other) Defendant's Supplemental Fed.R.Civ.P. 7.1.(A)(2) Disclosure Statement by Defendant State Farm Fire and Casualty Company. (Kust, Katherine) |
| Filing 15 ANSWER to #5 Amended Complaint and Jury Demand by State Farm Fire and Casualty Company.(Kust, Katherine) |
| Filing 14 NOTICE re 12 Minute Order,,, DEFENDANTS FED. R. CIV. P. 7.1(A)(2) DISCLOSURE STATEMENT by Defendant State Farm Fire and Casualty Company (Kust, Katherine) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT. (Kust, Katherine) |
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Filing 12
MINUTE ORDER: On April 12, 2023, Defendant State Farm Fire and Casualty Company removed this case to federal court pursuant to 28 U.S.C. 1332(a). See [Doc. #1 ]. Under Rule 7.1 of the Federal Rules of Civil Procedure, "[i]n an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party... must, unless the court orders otherwise, file a disclosure statement" that "name[s] - and identif[ies] the citizenship of - every individual or entity whose citizenship is attributed to that party or intervenor." Fed. R. Civ. P. 7.1(a)(2). Accordingly, it is ORDERED that, on or before April 25, 2023, both Plaintiff and Defendant SHALL FILE a Rule 7.1 disclosure statement identifying their respective states of citizenship. By Judge Nina Y. Wang on 04/18/2023. Text Only Entry (nywlc2, )
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| Filing 11 NOTICE of Entry of Appearance by Katherine Elizabeth Goodrich on behalf of David L JohnstonAttorney Katherine Elizabeth Goodrich added to party David L Johnston(pty:pla) (Goodrich, Katherine) |
| Filing 10 MEMORANDUM RETURNING CASE Judge Robert E. Blackburn. This case is randomly reassigned to Judge Nina Y. Wang and drawn to Magistrate Judge Kristen L. Mix. for all further proceedings. All future pleadings should be designated as 23-cv-00905-NYW. (sphil, ) |
| Filing 9 NOTICE of Entry of Appearance by Rodney J. Monheit on behalf of David L JohnstonAttorney Rodney J. Monheit added to party David L Johnston(pty:pla) (Monheit, Rodney) |
| 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 Kristen L. Mix. Text Only Entry (norlin, ) |
| Filing 6 AFFIDAVIT/RETURN of Service of Civil Summons, Civil Cover Sheet, First Amended Complaint upon State Farm Fire and Casualty Company on 3/15/2023 (norlin, ) |
| Filing 5 First AMENDED COMPLAINT and Jury Demand against State Farm Fire and Casualty Company, filed by David L Johnston.(norlin, ) |
| Filing 4 COMPLAINT and Jury Demand against State Farm Fire and Casualty Company, filed by David L Johnston.(norlin, ) |
| Filing 3 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 2 NOTICE of Entry of Appearance by Marilyn S. Chappell on behalf of State Farm Fire and Casualty CompanyAttorney Marilyn S. Chappell added to party State Farm Fire and Casualty Company(pty:dft) (Chappell, Marilyn) |
| Filing 1 NOTICE OF REMOVAL by State Farm Fire and Casualty Company from District Court, Grand County, State of Colorado, Case Number 2023CV30016. (Filing fee $ 402, Receipt Number ACODC-9042411), filed by State Farm Fire and Casualty Company. (Attachments: #1 Exhibit A - Original Complaint, #2 Exhibit B - State Court Civil Cover Sheet, #3 Exhibit C - Summons, #4 Exhibit D - First Amended Complaint, #5 Exhibit E - Affidavit of Service)(Kust, Katherine) |
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| Plaintiff: David L Johnston | |
| Represented By: | Rodney J. Monheit |
| Represented By: | Katherine Elizabeth Goodrich |
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| Defendant: State Farm Fire and Casualty Company | |
| Represented By: | Marilyn S. Chappell |
| Represented By: | Katherine K. Kust |
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