Sherman v. Davis et al
Plaintiff: Daniel Sherman
Defendant: Daniel Davis and XTO Energy Inc.
Case Number: 1:2023cv01473
Filed: June 9, 2023
Court: US District Court for the District of Colorado
Presiding Judge: Scott T Varholak
Referring Judge: Nina Y Wang
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 26, 2023 Filing 19 CONSENT to Jurisdiction of Magistrate Judge by Defendants Daniel Davis, XTO Energy Inc. All parties do not consent.. (Sumner, Bret)
June 29, 2023 Filing 18 NOTICE of Inadvertent Failure to Meet Court Imposed Deadline by Plaintiff Daniel Sherman (Killian, John)
June 29, 2023 Filing 17 NOTICE Disclosure Statement of Plaintiff Daniel Sherman by Plaintiff Daniel Sherman (Killian, John)
June 27, 2023 Opinion or Order Filing 16 MINUTE ORDER: On June 14, 2023, this Court ordered all Parties to file a Rule 7.1(a)(2) disclosure identifying their respective states of citizenship. See [Doc. 9]. Although Defendants have each filed their disclosure statements, see [Doc. #12 ; Doc. #13 ], Plaintiff did not do so. Accordingly, it is ORDERED that Plaintiff shall comply with the Court's June 14 Minute Order and file a Rule 7.1(a)(2) disclosure statement by close of business on June 28, 2023. By Judge Nina Y. Wang on 06/27/2023. Text Only Entry (nywlc2, )
June 26, 2023 Filing 15 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #14 Notice of Entry of Appearance filed by attorney John Keith Killian. The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed as a searchable PDF, pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (trvo, )
June 23, 2023 Filing 14 NOTICE of Entry of Appearance by John Keith Killian on behalf of Daniel ShermanAttorney John Keith Killian added to party Daniel Sherman(pty:pla) (Killian, John)
June 22, 2023 Filing 13 CORPORATE DISCLOSURE STATEMENT. (Morain, Malinda)
June 22, 2023 Filing 12 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Exxonmobil Corporation for XTO Energy Inc.. (Morain, Malinda)
June 16, 2023 Filing 11 ANSWER to #4 Complaint by Daniel Davis, XTO Energy Inc..(Morain, Malinda)
June 14, 2023 Opinion or Order Filing 10 ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 14 June 2023. Proposed Scheduling Order due 8/15/2023. Scheduling Conference set for 8/22/2023 09:15 AM in Courtroom A 401 before Magistrate Judge Scott T. Varholak. (cmadr, )
June 14, 2023 Opinion or Order Filing 9 MINUTE ORDER: On June 9, 2023, Defendants 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 June 22, 2023, Plaintiff and both Defendants SHALL FILE a Rule 7.1 disclosure statement identifying their respective states of citizenship. The Court notes that while Defendant XTO Energy Inc. filed a corporate disclosure statement, see [Doc. #2 ], it does not identify XTO Energy's citizenship, as required by Rule 7.1(a)(2). Thus, this directive applies to all Parties. By Judge Nina Y. Wang on 06/14/2023. Text Only Entry (nywlc2, )
June 14, 2023 Opinion or Order Filing 8 ORDER REFERRING CASE: This case is referred 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 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 his 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 06/14/2023. Text Only Entry (nywlc2, )
June 9, 2023 Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (norlin, )
June 9, 2023 Filing 6 Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (norlin, )
June 9, 2023 Filing 5 AFFIDAVIT/RETURN of Service of Summons, Complaint upon XTO Energy, Inc on 5/19/2023 (norlin, )
June 9, 2023 Filing 4 COMPLAINT against Daniel Davis, XTO Energy Inc., filed by Daniel Sherman.(norlin, )
June 9, 2023 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, )
June 9, 2023 Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent ExxonMobil Corporation for XTO Energy Inc.. (Morain, Malinda)
June 9, 2023 Filing 1 NOTICE OF REMOVAL by XTO Energy Inc., Daniel Davis from Rio Blanco County District Court, Case Number 2023CV030007. (Filing fee $ 402, Receipt Number ACODC-9144642), filed by XTO Energy Inc., Daniel Davis. (Attachments: #1 Exhibit 1, Summons, #2 Exhibit 2, Complaint, #3 Exhibit 2, Notice of Service of Process, #4 Exhibit 4, Rio Blanco County Assessor Data Site, #5 Exhibit 5, Lincoln County Assessor Data Site, #6 Exhibit 6, CO Secretary of State Business Search Summary, #7 Exhibit 7, CO Civil Case Cover Sheet, #8 Civil Cover Sheet)(Morain, Malinda)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Colorado District Court's Electronic Court Filings (ECF) System

Search for this case: Sherman v. Davis et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Daniel Sherman
Represented By: John Keith Killian
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Daniel Davis
Represented By: Malinda Morain
Represented By: Bret A. Sumner
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: XTO Energy Inc.
Represented By: Malinda Morain
Represented By: Bret A. Sumner
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?