Pilgrim's Pride Corporation v. Allegiant Electric, Inc. et al
Plaintiff: PILGRIMS PRIDE CORPORATION and Pilgrim's Pride Corporation
Defendant: Allegiant Electric, Inc. and Grange Insurance Company
Case Number: 1:2023cv02055
Filed: August 14, 2023
Court: US District Court for the District of Colorado
Presiding Judge: Susan Prose
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 14, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 12, 2023 Opinion or Order Filing 30 MINUTE ORDER by Magistrate Judge Susan Prose on 10/12/2023. It appears the parties have not yet filed their #7 Magistrate Judge Consent or Non-Consent Form. The court sua sponte extends the deadline (ECF No. 16) to file the consent or non-consent to magistrate judge jurisdiction to 10/26/2023. Text Only Entry (sbplc1)
October 12, 2023 Opinion or Order Filing 29 MINUTE ORDER by Magistrate Judge Susan Prose on 10/12/2023, GRANTING #27 Unopposed MOTION for Extension of Time to File Reply as to #8 MOTION to Dismiss for Lack of Jurisdiction Pursuant to F.R.C.P. 12(b)(1) and 12(b)(2) or, Alternatively, to Transfer. Defendant Grange Insurance Company's reply is due by 10/18/2023. Text Only Entry (sbplc1)
October 12, 2023 Opinion or Order Filing 28 MINUTE ORDER by Magistrate Judge Susan Prose on 10/12/2023, GRANTING #25 Unopposed MOTION for Extension of Time to File Reply as to #13 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2) . Defendant Allegiant Electric, Inc.'s reply is due by 10/20/2023. Text Only Entry (sbplc1)
October 11, 2023 Opinion or Order Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss for Lack of Jurisdiction Pursuant to F.R.C.P. 12(b)(1) and 12(b)(2) or, Alternatively, to Transfer to the U.S. District Court for the Eastern District of Tennessee by Defendant Grange Insurance Company. (Hevenor, Eric)
October 11, 2023 Opinion or Order Filing 26 RESPONSE to #18 MOTION to Remand to State Court filed by Defendant Grange Insurance Company. (Attachments: #1 Exhibit A)(Chaney, Lelia)
October 11, 2023 Opinion or Order Filing 25 Unopposed MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2) by Defendant Allegiant Electric, Inc.. (Lee, Evan)
September 28, 2023 Opinion or Order Filing 24 MINUTE ORDER by Magistrate Judge Susan Prose on 9/28/2023 re: #22 Stipulation for Extension of Time. Because motions are not pleadings within the meaning of F.R.C.P. 7(a), Local Rule 6.1 does not apply to extensions for responses or replies to motions. The court treats the stipulation as an unopposed motion, which is GRANTED. Grange Insurance Company shall have up to and including 10/11/2023 in which to reply in support of its motion to dismiss, and Grange Insurance Company and Allegiant Electric shall have up to and including 10/11/2023 in which to respond to Plaintiff's motion to remand. Text Only Entry (sbplc1)
September 27, 2023 Opinion or Order Filing 23 RESPONSE to #13 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2) filed by Plaintiff Pilgrim's Pride Corporation. (Attachments: #1 Exhibit 1 - Affidavit of K. Pryor, #2 Exhibit 2 - Construction Services Agreement, #3 Exhibit 3 - Invoice, #4 Exhibit 4 - Accident-Related Contract Documents, #5 Exhibit 5 - Supplemental Affidavit of K. Pryor)(Berg, Justin)
September 27, 2023 Opinion or Order Filing 22 STIPULATION for Extension of Time by Defendant Grange Insurance Company. (Chaney, Lelia)
September 20, 2023 Opinion or Order Filing 21 BRIEF in Support of #18 MOTION to Remand to State Court filed by Plaintiff Pilgrim's Pride Corporation. (Attachments: #1 Exhibit 4-Accident-Related Contract Documents, #2 Exhibit 5-Supplemental Affidavit of K. Pryor)(DeBruyne, Nicholas)
September 15, 2023 Opinion or Order Filing 20 RESPONSE to #8 MOTION to Dismiss for Lack of Jurisdiction Pursuant to F.R.C.P. 12(b)(1) and 12(b)(2) or, Alternatively, to Transfer to the U.S. District Court for the Eastern District of Tennessee filed by Plaintiff Pilgrim's Pride Corporation. (Attachments: #1 Exhibit 1 - Affidavit of K. Pryor, #2 Exhibit 2 - Construction Services Agreement, #3 Exhibit 3 - Invoice, #4 Exhibit 4 - Accident-Related Contract Documents, #5 Exhibit 5 - Supplemental Affidavit of K. Pryor, #6 Exhibit 6 - Colorado Secretary of State Trustgard Public Filings)(Berg, Justin)
September 14, 2023 Opinion or Order Filing 19 ERRATA re #18 MOTION to Remand to State Court by Plaintiff Pilgrim's Pride Corporation. (Attachments: #1 Exhibit 1 (Affidavit of Kimberly Pryor))(Berg, Justin)
September 13, 2023 Opinion or Order Filing 18 MOTION to Remand to State Court by Plaintiff Pilgrim's Pride Corporation. (Attachments: #1 Exhibit 1 (Affidavit of Kimberly Pryor), #2 Exhibit 2 (Construction Services Agreement), #3 Exhibit 3 (Invoice))(Berg, Justin)
September 13, 2023 Opinion or Order Filing 17 NOTICE of Entry of Appearance by Eric Duncan Hevenor on behalf of Grange Insurance CompanyAttorney Eric Duncan Hevenor added to party Grange Insurance Company(pty:dft) (Hevenor, Eric)
September 11, 2023 Opinion or Order Filing 16 MINUTE ORDER by Magistrate Judge Susan Prose on 9/11/2023. The parties shall file their consent or non-consent to magistrate judge jurisdiction (see ECF No. 7) by 10/6/2023. Text Only Entry (splc1)
September 7, 2023 Opinion or Order Filing 15 MINUTE ORDER by Magistrate Judge Susan Prose on 9/7/2023, GRANTING #12 Unopposed MOTION for Extension of Time to File Response to #8 MOTION to Dismiss for Lack of Jurisdiction Pursuant to F.R.C.P. 12(b)(1) and 12(b)(2) or, Alternatively, to Transfer. Pilgrim's Pride Corporation response to the motion is due 9/15/2023. Text Only Entry (splc1)
September 6, 2023 Opinion or Order Filing 14 NOTICE of Entry of Appearance by Nicholas L. DeBruyne on behalf of Pilgrim's Pride CorporationAttorney Nicholas L. DeBruyne added to party Pilgrim's Pride Corporation(pty:pla) (DeBruyne, Nicholas)
September 6, 2023 Opinion or Order Filing 13 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2) by Defendant Allegiant Electric, Inc.. (Lee, Evan)
September 1, 2023 Opinion or Order Filing 12 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #8 MOTION to Dismiss for Lack of Jurisdiction Pursuant to F.R.C.P. 12(b)(1) and 12(b)(2) or, Alternatively, to Transfer to the U.S. District Court for the Eastern District of Tennessee by Plaintiff Pilgrim's Pride Corporation. (Berg, Justin)
August 23, 2023 Opinion or Order Filing 11 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Allegiant Electric, Inc.. Allegiant Electric, Inc. answer due 9/6/2023. (Lee, Evan) Modified on 8/28/2023 to correct requested answer deadline (angar, ).
August 23, 2023 Opinion or Order Filing 10 NOTICE of Entry of Appearance by Evan P. Lee on behalf of Allegiant Electric, Inc.Attorney Evan P. Lee added to party Allegiant Electric, Inc.(pty:dft) (Lee, Evan)
August 23, 2023 Opinion or Order Filing 9 NOTICE of Entry of Appearance by Seth Adam Rider on behalf of Allegiant Electric, Inc.Attorney Seth Adam Rider added to party Allegiant Electric, Inc.(pty:dft) (Rider, Seth)
August 15, 2023 Opinion or Order Filing 8 MOTION to Dismiss for Lack of Jurisdiction Pursuant to F.R.C.P. 12(b)(1) and 12(b)(2) or, Alternatively, to Transfer to the U.S. District Court for the Eastern District of Tennessee by Defendant Grange Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit A, #4 Exhibit C, #5 Exhibit F)(Chaney, Lelia)
August 14, 2023 Opinion or Order 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. (blaws)
August 14, 2023 Opinion or Order Filing 6 Case assigned to Magistrate Judge Susan B. Prose. Text Only Entry. (blaws)
August 14, 2023 Opinion or Order Filing 5 RETURN of Service of Summons, Complaint, Exhibits, Civil Case Cover Sheet, and Procedures Order upon Allegiant Electric, Inc. on 07/19/2023. (blaws)
August 14, 2023 Opinion or Order Filing 4 RETURN of Service of Summons, Complaint, Exhibits, Civil Case Cover Sheet, and Procedures Order upon Grange Insurance Company on 07/14/2023. (blaws)
August 14, 2023 Opinion or Order Filing 3 STATE COURT COMPLAINT for Declaratory and Other Relief against Allegiant Electric, Inc., Grange Insurance Company, filed by Pilgrim's Pride Corporation. (blaws)
August 14, 2023 Opinion or Order 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) (blaws)
August 14, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL by Grange Insurance Company from District Court, Weld County, Colorado, Case Number 2023CV30502. (Filing fee $ 402, Receipt Number ACODC-9245441), filed by Grange Insurance Company. (Attachments: #1 Appendix A-1, #2 Appendix A-2, #3 Appendix A-3, #4 Appendix A-4, #5 Appendix A-5, #6 Appendix A-6, #7 Appendix A-7, #8 Appendix A-8, #9 Appendix A-9, #10 Exhibit A-10, #11 Civil Cover Sheet)(Chaney, Lelia)

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Plaintiff: PILGRIMS PRIDE CORPORATION
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Plaintiff: Pilgrim's Pride Corporation
Represented By: Justin Colby Berg
Represented By: Nicholas L. DeBruyne
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Defendant: Allegiant Electric, Inc.
Represented By: Evan P. Lee
Represented By: Seth Adam Rider
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Defendant: Grange Insurance Company
Represented By: Lelia Kathleen Chaney
Represented By: Eric Duncan Hevenor
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