Catalano v. Allstate Indemnity Company
Plaintiff: Michael Catalano and Michael Catalano, Jr.
Defendant: Allstate Indemnity Company
Case Number: 1:2023cv01465
Filed: June 8, 2023
Court: US District Court for the District of Colorado
Presiding Judge: Daniel D Domenico
Referring Judge: Michael E Hegarty
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 28, 2023 Filing 27 STATEMENT Diversity Jurisdiction by Defendant Allstate Indemnity Company. (Kershaw, Brian)
July 27, 2023 Opinion or Order Filing 26 SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 7/27/2023. (cthom, )
July 27, 2023 Filing 25 COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 7/27/2023. FTR: A501. (cthom, )
July 20, 2023 Filing 24 Proposed Scheduling Order by Plaintiff Michael Catalano, Jr. (Havens, Tanner)
June 23, 2023 Filing 23 NOTICE of Entry of Appearance Amended by Brian P. Kershaw on behalf of Allstate Indemnity Company (Kershaw, Brian)
June 22, 2023 Filing 22 NOTICE of Entry of Appearance by Brian P. Kershaw on behalf of Allstate Indemnity CompanyAttorney Brian P. Kershaw added to party Allstate Indemnity Company(pty:dft) (Kershaw, Brian)
June 22, 2023 Filing 21 NOTICE of Entry of Appearance by Winslow Russell Taylor, III on behalf of Allstate Indemnity CompanyAttorney Winslow Russell Taylor, III added to party Allstate Indemnity Company(pty:dft) (Taylor, Winslow)
June 15, 2023 Filing 20 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #16 Notice of Entry of Appearance Of Winslow R. Taylor, #17 Notice of Entry of Appearance Brian P. Kershaw filed by attorney Kurt Hans Henkel. These documents do not contain attorney Taylor's or attorney Kershaw's s/ signature. Pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases), Winslow Russell Taylor III and Brian P. Kershaw must re-file the above referenced documents which must contain their s/ signatures using their own registered log in and password. (Text Only Entry) (athom, )
June 15, 2023 Filing 19 NOTICE of Entry of Appearance by Tanner Westcott Havens on behalf of Michael Catalano, JrAttorney Tanner Westcott Havens added to party Michael Catalano, Jr(pty:pla) (Havens, Tanner)
June 14, 2023 Filing 18 MOTION for Summary Judgment (State Court) by Defendant Allstate Indemnity Company. (Attachments: #1 Exhibit A - Policy Excerpts, #2 Exhibit B - Plaintiff's Responses to Written Discovery, #3 Exhibit C - Deposition Excerpts, #4 Exhibit D - Clam Acknowledgement Ltr, #5 Exhibit E - 3/11/21 Claim Notes, #6 Exhibit F - CSC Report, #7 Exhibit G - Email rescheduling Donan Inspection, #8 Exhibit H - Donan First Engineering Report, #9 Exhibit I - 4/7/21 Denial, #10 Exhibit J - Level Engineering Report, #11 Exhibit K - Donan Engineering Second Report, #12 Exhibit L - 2/9/22 Denial, #13 Exhibit M - Plaintiff's Demand Letter, #14 Exhibit N - 4/18/22 Earth Movement Email, #15 Exhibit O - 4/29/22 Denial, #16 Exhibit P - Furtado Letter of Rep, #17 Exhibit Q - Email re Acknowledgement of Furtado Ltr of Rep, #18 Exhibit R - Plaintiff's Demand Letter, #19 Exhibit S - Level Engineering Litigation Report)(Henkel, Kurt)
June 14, 2023 Filing 17 NOTICE of Entry of Appearance of Brian P. Kershaw by Kurt Hans Henkel on behalf of Allstate Indemnity Company (Henkel, Kurt)
June 14, 2023 Filing 16 NOTICE of Entry of Appearance Of Winslow R. Taylor by Kurt Hans Henkel on behalf of Allstate Indemnity Company (Henkel, Kurt)
June 9, 2023 Opinion or Order Filing 15 Minute ORDER by Magistrate Judge Michael E. Hegarty on 9 June 2023. Proposed Scheduling Order due 7/20/2023. Scheduling Conference set for 7/27/2023 11:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (cmadr, )
June 9, 2023 Opinion or Order Filing 14 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 Daniel D. Domenico on 6/9/2023. Text Only Entry. (rkeec)
June 8, 2023 Filing 13 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (blaws)
June 8, 2023 Filing 12 Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (blaws)
June 8, 2023 Filing 11 STATE COURT ORDER GRANTING Unopposed Motion for Extension of Time to Respond to Defendant Allstate Motion for Summary Judgment and to Extend Discovery Deadline, by J Eric Elliff, District Court Judge, Denver County, on 05/30/2023. (blaws)
June 8, 2023 Filing 10 STATE COURT ORDER GRANTING Stipulation for Dismissal of Defendant Concrete Works of Colorado, Inc., by J Eric Elliff, District Court Judge, Denver County, on 05/16/2023. (blaws)
June 8, 2023 Filing 9 STATE COURT ORDER GRANTING Unopposed Motion for Extension of Time to Respond to Defendant Allstate Motion for Summary Judgment, by J Eric Elliff, District Court Judge, Denver County, on 05/05/2023. (blaws)
June 8, 2023 Filing 8 STATE COURT ORDER GRANTING Unopposed Motion to Extend Expert Deadlines, by J Eric Elliff, District Court Judge, Denver County, on 03/07/2023. (blaws)
June 8, 2023 Filing 7 STATE COURT ORDER GRANTING Unopposed Motion to Amend Case Caption, by J Eric Elliff, District Court Judge, Denver County, on 09/16/2022. (blaws)
June 8, 2023 Filing 6 STATE COURT ANSWER and Affirmative Defenses to Complaint and Jury Demand to #3 Complaint by Allstate Indemnity Company. (blaws)
June 8, 2023 Filing 5 RETURN of Service of Summons, Complaint and Jury Demand, and Civil Cover Sheet upon Concrete Works of Colorado Inc on 08/04/2022. (blaws)
June 8, 2023 Filing 4 RETURN of Service of Summons, Complaint and Jury Demand, and Civil Cover Sheet upon Allstate Property and Casualty Insurance Company on 08/04/2022. (blaws)
June 8, 2023 Filing 3 STATE COURT COMPLAINT and Jury Demand against Allstate Indemnity Company, filed by Michael Catalano, Jr. (blaws)
June 8, 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) (blaws)
June 8, 2023 Filing 1 NOTICE OF REMOVAL by Allstate Indemnity Company from District Court of City and County of Denver, Case Number 2022CV32218. (Filing fee $ 402, Receipt Number ACODC-9142964), filed by Allstate Indemnity Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A Complaint, #3 Exhibit B Summons to Allstate, #4 Exhibit C State Court Civil Coversheet, #5 Exhibit D Allstate Answer, #6 Exhibit E Answer Concrete Works, #7 Exhibit F Order Amending Caption, #8 Exhibit G Stipulation for Dismissal, #9 Exhibit H Order For Stipulated Dismissal, #10 Exhibit I Delay Reduction Order, #11 Exhibit J Pretrial Order, #12 Exhibit K Order Granting Allstate's MEOT, #13 Exhibit L Case Management Order, #14 Exhibit M Protective Order, #15 Exhibit N ROS Allstate, #16 Exhibit O ROS Concrete Works, #17 Exhibit P Order Extending 26a2 Disclosure Deadline, #18 Exhibit Q 1st Order Extending Response to Allstate's MSJ, #19 Exhibit R 2nd Order Extending Response to Allstate's MSJ, #20 Exhibit S Summons to Concrete Works, #21 Exhibit T Plaintiff's Initial Disclosures, #22 Exhibit U Register of Actions)(Henkel, Kurt)

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Plaintiff: Michael Catalano
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Plaintiff: Michael Catalano, Jr.
Represented By: Tanner Westcott Havens
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Defendant: Allstate Indemnity Company
Represented By: Kurt Hans Henkel
Represented By: Brian P. Kershaw
Represented By: Winslow Russell Taylor, III
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