Drake v. Amerisure Partners Insurance Company
Plaintiff: M Alexander Drake
Defendant: Amerisure Partners Insurance Company
Case Number: 1:2023cv01916
Filed: July 27, 2023
Court: U.S. District Court for the District of Colorado
Presiding Judge: Philip A Brimmer
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 20, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 21, 2023 Filing 20 REPLY to Response to #11 MOTION to Dismiss for Failure to State a Claim filed by Defendant Amerisure Partners Insurance Company. (Goldstein, Adam)
September 12, 2023 Filing 19 RESPONSE to #11 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff M Alexander Drake. (Attachments: #1 Exhibit February 4, 2022 email, #2 Exhibit May 10, 2022 Letter, #3 Exhibit July 15, 2022 email, #4 Exhibit September 1, 2022 Letter, #5 Exhibit December 12, 2022 Letter, #6 Exhibit February 1, 2023 Letter, #7 Exhibit March 9, 2023 Letter, #8 Exhibit April 10, 2023 Letter)(Earl, Collin)
September 8, 2023 Opinion or Order Filing 18 MINUTE ORDER by Chief Judge Philip A. Brimmer on 9/8/2023 re: #15 Plaintiff's Response to Defendant Amerisure Partners Insurance Company's Motion to Dismiss is STRICKEN for failure to comply with the Court's practice standards. The Practice Standards state that "[a]ll motions, objections (including objections to the recommendations or orders of United States Magistrate Judges), responses, and briefs shall not exceed fifteen pages." Id. III.A. Plaintiff's response is 24 pages. Plaintiff shall file a complying response on or before September 12, 2023. Text Only Entry (pabsec, )
September 8, 2023 Filing 17 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #15 Response to Motion filed by attorney Collin Joseph Earl. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(d) 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/signature and signature block in compliance with D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (jtorr, )
September 7, 2023 Filing 16 MOTION to Amend/Correct/Modify by Plaintiff M Alexander Drake. (Attachments: #1 Exhibit Amended Complaint, #2 Proposed Order (PDF Only) Order Re: Amended Complaint)(Earl, Collin)
September 7, 2023 Filing 15 STRICKEN RESPONSE to #11 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff M Alexander Drake. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Earl, Collin) Modified on 9/8/2023 (pabsec, ).
August 25, 2023 Opinion or Order Filing 14 ORDER by Chief Judge Philip A. Brimmer on 8/25/2023 re: #13 Plaintiff's Unopposed Motion for an Extension of Time to Respond to Defendant's Motion to Dismiss is GRANTED. The plaintiff shall respond to defendant's Motion to Dismiss #11 on or before September 7, 2023. For future requests for extension of time, counsel is reminded that, pursuant to I.G.2 of this Court's Practice Standards, "[a]ny motion for extension of time shall be filed no later than three business days before the date the motion, response, reply, or other paper is due." Text Only Entry(pabsec, )
August 24, 2023 Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss for Failure to State a Claim by Plaintiff M Alexander Drake. (Attachments: #1 Proposed Document)(Earl, Collin)
August 4, 2023 Opinion or Order Filing 12 ORDER by Chief Judge Philip A. Brimmer on 8/4/2023 re: #9 Defendant's Unopposed Motion for Leave to File an up to 17-Page-Long Motion to Dismiss is GRANTED. Text Only Entry.(jtorr, )
August 3, 2023 Filing 11 MOTION to Dismiss for Failure to State a Claim by Defendant Amerisure Partners Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Goldstein, Adam)
August 2, 2023 Filing 10 NOTICE of Entry of Appearance by Collin Joseph Earl on behalf of M Alexander DrakeAttorney Collin Joseph Earl added to party M Alexander Drake(pty:pla) (Earl, Collin)
August 2, 2023 Filing 9 Unopposed MOTION for Leave to File Excess Pages by Defendant Amerisure Partners Insurance Company. (Attachments: #1 Proposed Order (PDF Only))(Goldstein, Adam)
July 27, 2023 Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (tgall, )
July 27, 2023 Filing 7 AFFIDAVIT of Service of Summons for Amerisure Partners Insurance Company, Exhibit 1(TAR); Exhibit 2 (Amerisure Policy/82 PGS); Complaint, District Court Civil (CV) Case Cover Sheet For Initial Pleading of Complaint, Counterclaim, Cross-Claim Or Third-Party Complaint upon Amerisure Partners Insurance Company on 06/06/2023. (tgall, )
July 27, 2023 Filing 6 COMPLAINT against Amerisure Partners Insurance Company, filed by M Alexander Drake.(tgall, )
July 27, 2023 Filing 5 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (tgall, )
July 27, 2023 Filing 4 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, )
July 27, 2023 Filing 3 NOTICE of Entry of Appearance by E. Catlynne Shadakofsky on behalf of Amerisure Partners Insurance CompanyAttorney E. Catlynne Shadakofsky added to party Amerisure Partners Insurance Company(pty:dft) (Shadakofsky, E.)
July 27, 2023 Filing 2 NOTICE of Entry of Appearance by Adam Joseph Goldstein on behalf of Amerisure Partners Insurance Company (Goldstein, Adam)
July 27, 2023 Filing 1 NOTICE OF REMOVAL by Amerisure Partners Insurance Company from Boulder County District Court, Case Number 2023CV30465. (Filing fee $ 402, Receipt Number ACODC-9218329), filed by Amerisure Partners Insurance Company. (Attachments: #1 Exhibit A-Civil Cover Sheet-State Court, #2 Exhibit B-Complaint-State Court, #3 Exhibit C-Summons-Amerisure-State Court, #4 Exhibit D-Affidavit of Service-State Court, #5 Exhibit E-Notice of Filing Notice of Removal-State Court, #6 Exhibit F-Accident Report, #7 Exhibit G-Policy, #8 Exhibit H-CO Sec of State-Amerisure, #9 Civil Cover Sheet)(Goldstein, Adam)

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Plaintiff: M Alexander Drake
Represented By: Collin Joseph Earl
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Defendant: Amerisure Partners Insurance Company
Represented By: E. Catlynne Shadakofsky
Represented By: Adam Joseph Goldstein
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