Zahner v. Unum Life Insurance Company of America
Plaintiff: Dana Holland Zahner
Defendant: Unum Life Insurance Company of America
Case Number: 1:2023cv01868
Filed: July 21, 2023
Court: US District Court for the District of Colorado
Presiding Judge: Philip A Brimmer
Referring Judge: Michael E Hegarty
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2023 Filing 24 Civil Case Terminated pursuant to 23 Minute Order. Text Only Entry. (jtorr, )
August 16, 2023 Opinion or Order Filing 23 MINUTE ORDER by Chief Judge Philip A. Brimmer on 8/16/2023 re: #22 Notice of Voluntary Dismissal. On August 16, 2023, plaintiff filed a notice of voluntary dismissal pursuant to "Federal Rule of Civil Procedure 41(A)(1)(ii)." Docket No. #22 at 1. Plaintiff "gives notice of the voluntary dismissal with prejudice of the within civil action" and states that "no party opposes dismissal." Id., 1, 3. Rule 41 provides that a "plaintiff may dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(i)-(ii). "Unless the notice... states otherwise, the dismissal is without prejudice." Fed. R. Civ. P. 41(a)(1)(B). The Court construes plaintiff's notice of voluntary dismissal as being filed pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) because the defendant has not served an answer or a motion for summary judgment. Accordingly, this case was dismissed with prejudice as of the filing of plaintiff's notice of voluntary dismissal. See Fed. R. Civ. P. 41(a)(1)(A)(i). Text Only Entry (pabsec, )
August 16, 2023 Filing 22 NOTICE of Voluntary Dismissal of Case by Plaintiff Dana Holland Zahner (Taffet, Steven)
August 8, 2023 Opinion or Order Filing 21 MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 8/8/2023. Proposed Scheduling Order due 9/5/2023. Scheduling Conference set for 9/11/2023 at 10:45 a.m. in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (jtorr, )
August 7, 2023 Opinion or Order Filing 20 ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty 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, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. 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 Chief Judge Philip A. Brimmer on 8/7/2023. Text Only Entry. (jtorr, )
August 3, 2023 Filing 19 STATEMENT Rule 7.1 Citizenship Disclosure by Plaintiff Dana Holland Zahner. (Taffet, Steven)
August 2, 2023 Opinion or Order Filing 18 ORDER by Chief Judge Philip A. Brimmer on 8/2/2023. Based on defendant's representation that the Court has jurisdiction pursuant to 28 U.S.C. 1332(a), Docket No. #1 at 2, Federal Rule of Civil Procedure 7.1 (a)(2) requires that each party file a disclosure of his, her, or 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). Plaintiff Dana Holland Zahner shall file a disclosure statement in accordance with Rule 7.1, identifying her citizenship at the time of removal, by Friday, August 4, 2023. Text Only Entry (pabsec, )
August 2, 2023 Filing 17 NOTICE of Entry of Appearance Entry of Appearance by Steven Taffet on behalf of Dana Holland ZahnerAttorney Steven Taffet added to party Dana Holland Zahner(pty:pla) (Taffet, Steven)
July 31, 2023 Filing 16 MOTION to Dismiss for Failure to State a Claim by Defendant Unum Life Insurance Company of America. (Ladin-Sienne, Nicholas)
July 31, 2023 Opinion or Order Filing 15 ORDER by Chief Judge Philip A. Brimmer on 7/31/2023 re: #12 Defendant Unum Life Insurance Company of America's Motion to Dismiss Plaintiff's Complaint is STRICKEN for failure to comply with the Local Rules. The Local Rules state that "[a]ll pleadings and documents shall be double spaced." D.C.COLO.LCivR 10.1(e) (emphasis added). Defendant may file a complying motion on or before Wednesday, August 2, 2023. Text Only Entry. (jtorr, )
July 31, 2023 Filing 14 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #13 Certificate of Mailing/Service filed by attorney Nicholas J. Ladin-Sienne. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3 of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix to all documents an electronic s/followed by a typed, not an inked, signature and signature block in compliance with D.C.COLO.LCivR 5.1(a) and 4.3 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (jtorr, )
July 28, 2023 Filing 13 CERTIFICATE of Mailing/Service re #1 Notice of Removal,,,, by Defendant Unum Life Insurance Company of America. (Ladin-Sienne, Nicholas)
July 28, 2023 Filing 12 STRICKEN First MOTION to Dismiss for Failure to State a Claim by Defendant Unum Life Insurance Company of America. (Attachments: #1 Exhibit Ex. A - Life and AD&D Policy Underlying Complaint, #2 Exhibit Ex. B - PERA Pension Beneficiary Form)(Ladin-Sienne, Nicholas) Modified on 7/31/2023 to strike pursuant to 15 Order. (jtorr, )
July 21, 2023 Filing 11 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (blaws)
July 21, 2023 Filing 10 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (blaws)
July 21, 2023 Filing 9 STATE COURT ORDER Dismissing Defendant Melinda Lynn Zahner Without Prejudice, by Dea M Lindsey, District Court Judge, Boulder County, on 07/19/2023. (blaws)
July 21, 2023 Filing 8 STATE COURT ORDER GRANTING Defendant Unum Life Insurance Company of America's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint, by Dea M Lindsey, District Court Judge, Boulder County, on 07/14/2023. (blaws)
July 21, 2023 Filing 7 AFFIDAVIT of Service of Summons, Civil Case Cover Sheet, Complaint for Declaratory Judgment upon Unum Life Insurance Company of America on 06/07/2023. (blaws)
July 21, 2023 Filing 6 STATE COURT COMPLAINT for Declaratory Judgment and Other Relief against Unum Life Insurance Company of America, Melinda Lynn Zahner, filed by Dana Holland Zahner. (blaws) Modified on 07/24/2023 to correct document title. (blaws)
July 21, 2023 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) (blaws)
July 21, 2023 Filing 4 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Unum Group for Unum Life Insurance Company of America. (Ladin-Sienne, Nicholas)
July 21, 2023 Filing 3 NOTICE of Entry of Appearance of Nick Ladin-Sienne by Nicholas J. Ladin-Sienne on behalf of Unum Life Insurance Company of America (Ladin-Sienne, Nicholas)
July 21, 2023 Filing 2 NOTICE of Entry of Appearance of Emily Hobbs by Nicholas J. Ladin-Sienne on behalf of Unum Life Insurance Company of America (Ladin-Sienne, Nicholas)
July 21, 2023 Filing 1 NOTICE OF REMOVAL by Unum Life Insurance Company of America from Boulder County District Court, Case Number 2023CV30393. (Filing fee $ 402, Receipt Number ACODC-9210737), filed by Unum Life Insurance Company of America. (Attachments: #1 Exhibit Ex. A - State Court Complaint, #2 Exhibit Ex. B - State Court Summons, #3 Exhibit Ex. C - State Court Affidavit of Personal Service on Unum in Maine, #4 Exhibit Ex. D - State Court Civil Cover Sheet, #5 Exhibit Ex. E - State Court Order Dismissing Former Defendant Melinda Lynn Zahner, #6 Docket Sheet State Court Register of Actions, #7 Docket Sheet State Court Return of Service on Former Defendant M.L. Zahner, #8 Docket Sheet State Court Order Extending Time to Respond for Former Defendant M.L. Zahner, #9 Docket Sheet State Court Order Extending Time to Respond to Complaint to July 24, 2023 for Unum, #10 Docket Sheet State Court Order Dismissing Former Defendant M.L. Zahner from State Court Case, #11 Civil Cover Sheet Civil Cover Sheet)(Ladin-Sienne, Nicholas)

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Plaintiff: Dana Holland Zahner
Represented By: Steven Taffet
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Defendant: Unum Life Insurance Company of America
Represented By: Nicholas J. Ladin-Sienne
Represented By: Emily M. Hobbs
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