11800 E. Colfax OZB LLC v. Mount Vernon Fire Insurance Company et al
| 11800 E. Colfax OZB LLC a Colorado limited liability company doing business as Summit View Inn |
| Mount Vernon Fire Insurance Company and United States Liability Insurance Group, Inc. |
| Berkshire Hathaway Direct Insurance Company |
| 1:2023cv01708 |
| July 5, 2023 |
| U.S. District Court for the District of Colorado |
| Philip A Brimmer |
| S Kato Crews |
| Gordon P Gallagher |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on August 14, 2023. A more recent docket listing may be available from PACER.
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Filing 21
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. 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, (3) hear and determine pretrial matters, including discovery and other specifically-referred motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or 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. By District Judge Gordon P Gallagher on 8/14/2023. Text Only Entry (schap, )
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| Filing 20 CASE REASSIGNED pursuant to #19 Order of Recusal. This case is randomly reassigned to District Judge Gordon P. Gallagher and drawn to Magistrate Judge S. Kato Crews for all further proceedings. All future pleadings should be designated as 23-cv-01708-GPG. (Text Only Entry) (jtorr, ) |
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Filing 19
ORDER OF RECUSAL by Chief Judge Philip A. Brimmer on 8/11/2023. ORDERED that the clerk's office shall reassign this case by random draw. (jtorr, )
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| Filing 18 CORPORATE DISCLOSURE STATEMENT. (Wagner, Thomas) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT. (Conrad, Katia) |
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Filing 16
ORDER by by Chief Judge Philip A. Brimmer on 8/1/2023. ORDERED that on or before August 17, 2023, plaintiff 11800 E. COLFAX OZB LLC shall file an amended Rule 7.1 disclosure statement curing the deficiencies noted in this Order. ORDERED that on or before August 17, 2023, defendant United States Liability Insurance Group shall file an amended Rule 7.1 disclosure statement curing the deficiencies noted in this Order. (jtorr, )
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| Filing 15 CORPORATE DISCLOSURE STATEMENT. (Wagner, Thomas) |
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Filing 14
Order by Chief Judge Philip A. Brimmer on 7/21/2023 re: #12 Joint Motion for Extension of Time is GRANTED. Plaintiff shall file its Rule 7.1 disclosure statement on or before July 28, 2023. Text Only Entry(pabsec, )
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| Filing 13 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Berkshire Hathaway for Mount Vernon Fire Insurance Company, United States Liability Insurance Group, Inc.. (Conrad, Katia) |
| Filing 12 Joint MOTION for Extension of Time to file Disclosure of Citizenship by Plaintiff 11800 E. Colfax OZB LLC. (Wagner, Thomas) |
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Filing 11
MINUTE ORDER by Chief Judge Philip A. Brimmer on 7/19/2023. Based on defendants' representation that the Court has jurisdiction pursuant to 28 U.S.C. 1332, Docket No. #1 at 2, 5-10, Federal Rule of Civil Procedure 7.1(a)(2) requires that each party file a disclosure of its citizenship. Rule 7.1, as amended in December 2022, states that, "[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. The statement must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party... when the action is filed in or removed to federal court." Fed. R. Civ. P. 7.1(a)(2) (emphasis added). The Committee Notes state that disclosure "is designed to facilitate an early and accurate determination of jurisdiction." Fed. R. Civ. P. 7.1 (Advisory Comm. Notes). A corporation is deemed to be a citizen of "every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business." 28 U.S.C. 1332(c)(1). The citizenship of a limited liability company is determined, not by its state of organization or principal place of business, but by the citizenship of all of its members. See Siloam Springs Hotel, LLC v. Century Sur. Co., 781 F.3d 1233, 1237-38 (10th Cir. 2015) ("[I]n determining the citizenship of an unincorporated association for purposes of diversity, federal courts must include all the entities' members."). Within two business days of the entry of this order, plaintiff and defendants shall file disclosure statements in accordance with Rule 7.1 identifying their citizenships at the time of removal. Text Only Entry (pabsec, )
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| Filing 10 NOTICE of Entry of Appearance by Thomas Hardy Wagner on behalf of 11800 E. Colfax OZB LLCAttorney Thomas Hardy Wagner added to party 11800 E. Colfax OZB LLC(pty:pla) (Wagner, Thomas) |
| Filing 9 NOTICE of Entry of Appearance by Madison Stuart Anderson on behalf of 11800 E. Colfax OZB LLCAttorney Madison Stuart Anderson added to party 11800 E. Colfax OZB LLC(pty:pla) (Anderson, Madison) |
| Filing 8 NOTICE of Motion to Consolidate by Interested Party BERKSHIRE HATHAWAY DIRECT INSURANCE COMPANY (Attachments: #1 Exhibit Consent Joint Motion to Consolidate)(Morrow, Jonathan) |
| Filing 7 ANSWER to #5 Complaint by Mount Vernon Fire Insurance Company, United States Liability Insurance Group, Inc..(Conrad, Katia) |
| Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (tgall, ) |
| Filing 5 COMPLAINT AND JURY DEMAND against Mount Vernon Fire Insurance Company, United States Liability Insurance Group, Inc., filed by 11800 E. Colfax OZB LLC.(tgall, ) |
| Filing 4 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (tgall, ) |
| 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). (tgall, ) |
| Filing 2 NOTICE of Entry of Appearance by Vincent Justin Velardo on behalf of Mount Vernon Fire Insurance Company, United States Liability Insurance Group, Inc.Attorney Vincent Justin Velardo added to party Mount Vernon Fire Insurance Company(pty:dft), Attorney Vincent Justin Velardo added to party United States Liability Insurance Group, Inc.(pty:dft) (Velardo, Vincent) |
| Filing 1 NOTICE OF REMOVAL by United States Liability Insurance Group, Inc., Mount Vernon Fire Insurance Company from District Court Arapahoe County, Colorado, Case Number 2023CV31096. (Filing fee $ 402, Receipt Number ACODC-9180573), filed by United States Liability Insurance Group, Inc., Mount Vernon Fire Insurance Company. (Attachments: #1 Exhibit A -Complaint w Jury Demand 2023CV31096, #2 Exhibit B - Summons to United States Liability Insurance Group, #3 Civil Cover Sheet)(Conrad, Katia) |
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| Plaintiff: 11800 E. Colfax OZB LLC a Colorado limited liability company doing business as Summit View Inn | |
| Represented By: | Madison Stuart Anderson |
| Represented By: | Thomas Hardy Wagner |
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| Defendant: Mount Vernon Fire Insurance Company | |
| Represented By: | Vincent Justin Velardo |
| Represented By: | Katia K. Conrad |
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| Defendant: United States Liability Insurance Group, Inc. | |
| Represented By: | Vincent Justin Velardo |
| Represented By: | Katia K. Conrad |
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| Interested party: Berkshire Hathaway Direct Insurance Company | |
| Represented By: | Jonathan Briggs Morrow |
| Represented By: | Katia K. Conrad |
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