McLean v. Auto-Owners Insurance Company
| Steven S. McLean |
| Auto-Owners Insurance Company |
| 1:2023cv01980 |
| August 4, 2023 |
| US District Court for the District of Colorado |
| Robert E Blackburn |
| Scott T Varholak |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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Filing 20
MINUTE ORDER: This matter is before the Court on #9 Order Setting Scheduling Conference (the "Order"). Pursuant to the Order, "each party shall ensure that the disclosure statement required by Fed. R. Civ. P. 7.1(a)(2) has been filed on or before September 20, 2023" (emphasis in original). To date, the Court has not received the proper filings from the parties. While #11 Corporate Disclosure Statement satisfies Defendant's duty under Fed. R. Civ. P. 7.1(a)(1) to identify any parent corporation or major stockholder, it does not satisfy Defendant's duty under Fed. R. Civ. P. 7.1(a)(2) (effective Dec. 1, 2022) to "name -- and identify the citizenship of -- every individual or entity whose citizenship is attributed to that party." The Statement asserts that "[Defendant] is a citizen of the State of Michigan" but fails to identify the state of incorporation and the principal place of business See 28 U.S.C. 1332(c)(1). The Court sua sponte EXTENDS the deadline for Rule 7.1 Disclosure to 10/4/23. by Magistrate Judge Scott T. Varholak on 09/27/2023. Text Only Entry (stvlc5, )
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| Filing 19 Proposed Scheduling Order by Defendant Auto-Owners Insurance Company. (Blonigen, Evan) |
| Filing 18 ANSWER to #4 Complaint and Jury Demand by Auto-Owners Insurance Company.(Blonigen, Evan) |
| Filing 17 NOTICE of Filing of State Court Docket Sheet by Defendant Auto-Owners Insurance Company (Attachments: #1 State Court Docket Sheet)(Blonigen, Evan) |
| Filing 16 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #14 Notice of Entry of Appearance filed by attorney Richard J. Gleason. The s/ signature is missing from the signature block. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil Cases). Pursuant to 4.5(a) of the Electronic Case Filing Procedures (Civil Cases), this document will not need to be re-filed because attorney Gleason's s/ signature appears on document #12 . (Text Only Entry) (athom, ) |
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Filing 15
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak.IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a)and (b), this matter is referred to the assigned United States Magistrate Judge:(1) To convene a scheduling conference under FED. R. CIV. P. 16(b), enter a SchedulingOrder that satisfies the requirements of D.C.COLO.LCivR 16.2, and enter such orders asappropriate to enforce the Scheduling order and resolve discovery matters; provided, furtherthat the scheduling conference, the Magistrate Judge shall advise the parties of JudgeBlackburns practice standards found at www.cod.uscourts.gov.;(2) To hear and finally determine non-dispositive matters that have been referred,subject to the exceptions found in 28 U.S.C. 636(b)(1)(A); and(3) To hear and make recommendations on dispositive matters that have been referredas defined in 28 U.S.C. 636(b)(1)(A).Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 16.6. Onthe recommendation or informal request of the magistrate judge or on the request of the partiesby motion, this court may direct the parties to engage in an early neutral evaluation, asettlement conference, or another alternative dispute resolution proceeding. By Judge Robert E. Blackburn on 8/8/2023. Text Only Entry (rebsec)
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| Filing 14 NOTICE of Entry of Appearance by Richard J. Gleason on behalf of All Plaintiffs Attorney Richard J. Gleason added to party Steven S. McLean(pty:pla) (Gleason, Richard) |
| Filing 13 CASE REASSIGNED. All parties do not consent. This case is randomly reassigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 23-cv-01980-REB. (Text Only Entry) (trvo, ) |
| Filing 12 CONSENT to Jurisdiction of Magistrate Judge by Defendant Auto-Owners Insurance Company All parties do not consent.. (Blonigen, Evan) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT. (Stephenson, Evan) |
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Filing 10
MINUTE ORDER: This matter is before the court on #9 Order Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference (the "Order"), which contained a typo. The Order is amended to read as follows: "Pursuant to D.C.COLO.LCivR 72.2(d), the parties shall complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form, available from the Courts website at www.cod.uscourts.gov, on or before September 20, 2023." SO ORDERED, by Magistrate Judge Scott T. Varholak on 08/07/2023. Text Only Entry (stvlc5, )
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Filing 9
ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE. Consent Form due by 8/20/2023. Scheduling Conference set for 10/4/2023 at 10:45 AM before Magistrate Judge Scott T. Varholak in Courtroom A402 of 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). Proposed Scheduling Order due by 9/27/2023. 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 September 20, 2023. Please see Order for additional information. By Magistrate Judge Scott T. Varholak on 8/4/2023. (trvo, )
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| Filing 8 CORPORATE DISCLOSURE STATEMENT. (Stephenson, Evan) |
| Filing 7 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (efoga, ) |
| Filing 6 STATE COURT ORDER granting defendant's unopposed motion for extension of time to answer or otherwise respond to plaintiff's complaint by Gary M Kramer, District Court Judge, Douglas County on 7/25/2023.(efoga, ) |
| Filing 5 AFFIDAVIT/RETURN of Service of Summons and Complaint upon Auto-Owners Insurance Company on 7/7/2023 (efoga, ) |
| Filing 4 COMPLAINT against Auto-Owners Insurance Company, filed by Steven S. McLean.(efoga, ) |
| Filing 3 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (efoga, ) |
| 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) (efoga, ) |
| Filing 1 NOTICE OF REMOVAL by Auto-Owners Insurance Company from Douglas County District Court, Case Number 2023CV30517. (Filing fee $ 402, Receipt Number ACODC-9230841), filed by Auto-Owners Insurance Company. (Attachments: #1 Exhibit 1, #2 State Court - Affidavit of Service of Summons and Complaint and Jury Demand on Defendant Auto-Owners Insurance Company, #3 State Court - Complaint and Jury Demand, #4 State Court - Summons to Auto-Owners Insurance Company, #5 State Court - Order Granting Defendant's Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint, #6 State Court - Civil Case Cover Sheet, #7 State Court - Notice of Filing of Notice of Removal, #8 Civil Cover Sheet)(Blonigen, Evan) |
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| Plaintiff: Steven S. McLean | |
| Represented By: | Richard J. Gleason |
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| Defendant: Auto-Owners Insurance Company | |
| Represented By: | Evan Bennett Stephenson |
| Represented By: | Evan M. Blonigen |
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