Kirk v. Homesite Insurance Company
| Jason Kirk |
| Homesite Insurance Company |
| 1:2023cv01893 |
| July 26, 2023 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Scott T Varholak |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 28 Administrative Notice re: #27 Notice of Withdrawal filed by attorney Edward Duane Dillon . The document is filed incorrectly. Action to take - REFILE THE DOCUMENT. In order for an attorney to be withdrawn as counsel of record, a Motion to Withdraw as Attorney must be filed. An attorney cannot be withdrawn by a Notice of Withdrawal of Attorney and/or Substitution of Counsel. Refer to D.C.COLO.LAttyR 5(b). (jtorr, ) |
| Filing 27 NOTICE OF WITHDRAWAL by Defendant Homesite Insurance Company (Dillon, Edward) |
| Filing 26 NOTICE of Entry of Appearance by Eric Duncan Hevenor on behalf of Homesite Insurance CompanyAttorney Eric Duncan Hevenor added to party Homesite Insurance Company(pty:dft) (Hevenor, Eric) |
| Filing 25 NOTICE of Entry of Appearance filed by Amanda M. Doherty on behalf of Jason KirkAttorney Amanda M. Doherty added to party Jason Kirk(pty:pla) (Doherty, Amanda) |
| Filing 24 NOTICE of Entry of Appearance filed by Carl Joseph Snider on behalf of Jason KirkAttorney Carl Joseph Snider added to party Jason Kirk(pty:pla) (Snider, Carl) |
Filing 23
SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 9/7/2023. (morti, )
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| Filing 22 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Scott T. Varholak: Scheduling Conference held on 9/7/2023. Discovery due by 4/12/2024. Dispositive Motions due by 5/13/2024. Final Pretrial Conference set for 7/17/2024 09:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. FTR: Courtroom A-402. (amont, ) |
| Filing 21 NOTICE of Entry of Appearance by Daniel Adam Jacobs on behalf of Homesite Insurance CompanyAttorney Daniel Adam Jacobs added to party Homesite Insurance Company(pty:dft) (Jacobs, Daniel) |
| Filing 20 Proposed Scheduling Order by Defendant Homesite Insurance Company. (Dillon, Edward) |
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Filing 19
ORDER REFERRING CASE 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, (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 8/29/2023. Text Only Entry (pabsec, )
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| Filing 18 STATEMENT Rule 7.1 Disclosure Statement by Plaintiff Jason Kirk. (Bloomer, Anna) |
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Filing 17
MINUTE ORDER by Chief Judge Philip A. Brimmer on 8/28/2023. Based on defendant's representation that the Court has jurisdiction pursuant to 28 U.S.C. 1332, Docket No. #1 at 1, Federal Rule of Civil Procedure 7.1(a)(2) requires that each party file a disclosure of his 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). 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). The Notes also indicate that "[d]isclosure is required by a plaintiff." Id. On or before September 5, 2023, plaintiff Jason Kirk shall file a disclosure statement in accordance with Rule 7.1 identifying his citizenship at the time of removal. Text Only Entry (pabsec, )
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| Filing 16 CASE REASSIGNED. All parties do not consent. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 23-cv-01893-PAB. (Text Only Entry) (trvo, ) |
| Filing 15 CONSENT to Jurisdiction of Magistrate Judge by Defendant Homesite Insurance Company All parties do not consent.. (Dillon, Edward) |
| Filing 14 NOTICE of Entry of Appearance by Lelia Kathleen Chaney on behalf of Homesite Insurance CompanyAttorney Lelia Kathleen Chaney added to party Homesite Insurance Company(pty:dft) (Chaney, Lelia) |
| Filing 13 ANSWER to #6 Complaint by Homesite Insurance Company.(Dillon, Edward) |
| Filing 12 NOTICE of Entry of Appearance filed by David J. Furtado on behalf of Jason KirkAttorney David J. Furtado added to party Jason Kirk(pty:pla) (Furtado, David) |
| Filing 11 NOTICE of Entry of Appearance by Anna Regina Bloomer on behalf of Jason KirkAttorney Anna Regina Bloomer added to party Jason Kirk(pty:pla) (Bloomer, Anna) |
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Filing 10
ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE. Consent Form due by 8/24/2023. Proposed Scheduling Order due by 8/31/2023. Scheduling Conference set for 9/7/2023 at 11:00 AM before Magistrate Judge Scott T. Varholak in Courtroom A402 at the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. At least 21 days in advance of the scheduling conference, the parties shall meet and attempt to agree upon a scheduling order pursuant to Fed. R. Civ. P. 26(f). Because this matter is proceeding on the basis of diversity jurisdiction, each party shall ensure that the disclosure statement required by Fed. R. Civ. P. 7.1(a)(2) has been filed on or before August 24, 2023. Please see Order for additional information. By Magistrate Judge Scott T. Varholak on 7/27/2023. (trvo, )
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| Filing 9 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (athom, ) |
| Filing 8 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 23-cv-01893-STV. (athom, ) |
| Filing 7 AFFIDAVIT/RETURN of Service of Summons, Complaint and Jury Demand, and District Court Civil Case Cover Sheet upon Homesite Insurance Company on 07/05/2023. (jcharl, ) |
| Filing 6 COMPLAINT and Jury Demand against Homesite Insurance Company, filed by Jason Kirk.(jcharl, ) |
| Filing 5 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jcharl, ) |
| Filing 4 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (jcharl, ) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT. (Dillon, Edward) |
| 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) (jcharl, ) |
| Filing 1 NOTICE OF REMOVAL by Homesite Insurance Company from Denver, Case Number 2023CV31909. (Filing fee $ 402, Receipt Number ACODC-9215877), filed by Homesite Insurance Company. (Attachments: #1 Appendix 1, #2 Appendix 2, #3 Appendix 3, #4 Appendix 4, #5 Appendix 5, #6 Appendix 6, #7 Civil Cover Sheet)(Dillon, Edward) |
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