Medina v. State Farm Insurance
| Norberto Medina |
| State Farm Insurance |
| 1:2023cv01123 |
| May 3, 2023 |
| US District Court for the District of Colorado |
| N Reid Neureiter |
| Regina M Rodriguez |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on June 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 Defendant's ANSWER to #21 Amended Complaint and Jury Demand by State Farm Insurance.(Johnson, Katie) |
| Filing 21 PLAINTIFF'S FIRST AMENDED COMPLAINT against State Farm Insurance, filed by Norberto Medina. (Entered pursuant to ECF #20 ).(cmadr, ) |
Filing 20
Minute ORDER by Magistrate Judge N. Reid Neureiter on 14 June 2023. It is hereby ORDERED that Plaintiff's Unopposed Motion for Leave to Amend Complaint and Case Caption (Dkt. #18 ) is GRANTED. The Clerk is respectfully directed to file Plaintiff's First Amended Complaint (Dkt. #18-2) on the docket as the operative pleading. Defendant shall answer in accordance with Fed. R. Civ. P. 15(a)(3). PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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| Filing 19 MEMORANDUM regarding #18 Unopposed MOTION to Amend/Correct/Modify #6 Complaint filed by Norberto Medina. Motion referred to Magistrate Judge N. Reid Neureiter by Judge Regina M. Rodriguez on 6/13/2023. Text Only Entry (rmrja) |
| Filing 18 Unopposed MOTION to Amend/Correct/Modify #6 Complaint by Plaintiff Norberto Medina. (Attachments: #1 Exhibit Exhibit 1 - First Amended Complaint Redlined, #2 Exhibit Exhibit 2 - First Amended Complaint Not Redlined)(Moulton, Joseph) |
| Filing 17 NOTICE of Entry of Appearance by Joseph Christopher Moulton on behalf of Norberto MedinaAttorney Joseph Christopher Moulton added to party Norberto Medina(pty:pla) (Moulton, Joseph) |
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Filing 16
ORDER re #15 Unopposed Motion to Amend the Case Caption. Defendant has "request[ed] to amend the caption to reflect the proper entity name Defendant." ECF No. 15 para. 5. Currently, the Complaint names "State Farm Insurance." See ECF No. #6 at 1. The proper method to correct a case caption appears to be a motion to amend the complaint pursuant to Federal Rule of Civil Procedure 15. See 5A Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure 1321 (4th ed. 2023) ("[I]f the proper party actually has been served with the summons and the complaint, federal courts generally will allow an amendment under Federal Rule of Civil Procedure 15 to correct technical defects in the caption when that is thought necessary."). Therefore, the parties are DIRECTED to confer regarding the appropriate party name with which to identify the defendant, and the #15 Unopposed Motion to Amend the Case Caption is DENIED WITHOUT PREJUDICE, with leave for Plaintiff to re-file a motion to amend pursuant to Rule 15. SO ORDERED by Judge Regina M. Rodriguez on 6/8/2023. Text Only Entry(rmrja)
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| Filing 15 Unopposed MOTION to Amend/Correct/Modify the Case Caption by Defendant State Farm Insurance. (Knight, Caroline) |
| Filing 14 NOTICE of Entry of Appearance by Antonio Jose Linares de la Fuente on behalf of Norberto MedinaAttorney Antonio Jose Linares de la Fuente added to party Norberto Medina(pty:pla) (Linares de la Fuente, Antonio) |
| Filing 13 Defendant's ANSWER to #6 Complaint and Jury Demand by State Farm Insurance.(Knight, Caroline) |
| Filing 12 CERTIFICATE of Service by mail by Clerk of Court re #11 Order, to Antonio Linares, 14426 East Evans Ave., Aurora, CO 80014. Text Only Entry (cmadr, ) |
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Filing 11
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge N. Reid Neureiter on 4 May 2023. Proposed Scheduling Order due 8/16/2023. Scheduling Conference set for 8/23/2023 10:30 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. (cmadr, )
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Filing 10
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. 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 5/4/2023. Text Only Entry (rmrja)
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| Filing 9 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jcharl, ) |
| Filing 8 STATE COURT ORDER Granting Defendant's Motion for Extension of Time to Respond to Plaintiff's Complaint and Jury Demand by Denver County District Court Judge Jill Deborah Dorancy on 04/25/2023. (jcharl, ) |
| Filing 7 AFFIDAVIT/RETURN of Service of Summons, Complaint and Civil Case Cover Sheet upon State Farm Insurance on 04/05/2023.(jcharl, ) |
| Filing 6 COMPLAINT against State Farm Insurance, filed by Norberto Medina.(jcharl, ) |
| 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) (jcharl, ) |
| Filing 4 Case assigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (jcharl, ) |
| Filing 3 NOTICE of Entry of Appearance by Katie Berit Johnson on behalf of State Farm InsuranceAttorney Katie Berit Johnson added to party State Farm Insurance(pty:dft) (Johnson, Katie) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Knight, Caroline) |
| Filing 1 NOTICE OF REMOVAL by State Farm Insurance from Denver County District Court, Case Number 2023CV31003. (Filing fee $ 402, Receipt Number ACODC-9082154), filed by State Farm Insurance. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit K, #12 Exhibit J)(Knight, Caroline) |
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| Plaintiff: Norberto Medina | |
| Represented By: | Antonio Jose Linares de la Fuente |
| Represented By: | Joseph Christopher Moulton |
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| Defendant: State Farm Insurance | |
| Represented By: | Katie Berit Johnson |
| Represented By: | Caroline Maria Knight |
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