Oreskovich v. Unum Life Insurance Company of America
Plaintiff: Lori A. Oreskovich
Defendant: Unum Life Insurance Company of America
Case Number: 1:2023cv02109
Filed: August 18, 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: Plaintiff
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Docket Report

This docket was last retrieved on October 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 4, 2023 Opinion or Order Filing 22 MINUTE ORDER: Upon the parties' emailed request, the Court will hold a Settlement Conference on December 4, 2023 at 1:00 p.m. in Courtroom A501 before Magistrate Judge Michael E. Hegarty. Entered by Magistrate Judge Michael E. Hegarty on 10/4/2023. (jtorr, )
September 27, 2023 Opinion or Order Filing 21 SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 9/27/2023. (cthom, )
September 27, 2023 Filing 20 COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 9/27/2023. FTR: A. (cthom, )
September 21, 2023 Filing 19 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #18 Proposed Scheduling Order filed by attorneys Nicholas J. Ladin-Sienne, Emily M. Hobbs, and Thomas A. Bulger. Attorneys have 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 filers 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). ADDITIONALLY, the s/signatures did not match the filer's name on the account for which the login and password are registered. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (jtorr, )
September 20, 2023 Filing 18 Proposed Scheduling Order by Defendant Unum Life Insurance Company of America. (Ladin-Sienne, Nicholas)
September 19, 2023 Filing 17 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Lori A. Oreskovich All parties do not consent.. (Bulger, Thomas)
August 25, 2023 Filing 16 ANSWER to #4 Complaint by Unum Life Insurance Company of America.(Ladin-Sienne, Nicholas)
August 24, 2023 Opinion or Order Filing 15 MINUTE ORDER Due to a conflict on the Court's calendar, the Scheduling Conference is reset for 9/27/2023 at 10:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. ORDERED by Magistrate Judge Michael E. Hegarty on 8/24/2023. Text Only Entry. (cthom, )
August 22, 2023 Opinion or Order Filing 14 Minute ORDER by Magistrate Judge Michael E. Hegarty on 22 August 2023. Proposed Scheduling Order due 9/14/2023. Scheduling Conference set for 9/21/2023 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (cmadr, )
August 22, 2023 Opinion or Order Filing 13 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 8/22/2023. Text Only Entry (pabsec, )
August 22, 2023 Filing 12 STATEMENT re: Diversity (Amended) by Plaintiff Lori A. Oreskovich. (Bulger, Thomas)
August 21, 2023 Opinion or Order Filing 11 MINUTE ORDER by Chief Judge Philip A. Brimmer on 8/21/2023 re: #10 Disclosure Statement. On August 18, 2023, the Court ordered plaintiff Lori Oreskovich to file a disclosure statement in accordance with Fed. R. Civ. P. 7.1(a)(2). Docket No. 9 . As noted in that order, when "jurisdiction is based on diversity under 28 U.S.C. 1332(a)," a party must file a disclosure statement indicating its "citizenship." Fed. R. Civ. P. 7.1(a)(2). Plaintiff's disclosure states that "Lori Oreskovich" is a "U.S. Citizen, State of Virginia." Docket No. #10 at 1. Plaintiff's national citizenship is irrelevant. Under 1332(a), the issue is whether this is an action between "citizens of different states." 28 U.S.C. 1332(a)(1). The fact that the plaintiff is a U.S. citizen has no bearing on that issue. Plaintiff's disclosure statement references the state of Virginia, but does not state that Virginia is plaintiff's citizenship. Accordingly, plaintiff's disclosure statement is insufficient to satisfy her obligations under Fed. R. Civ. P. 7.1(a)(2). Therefore, on or before August 24, 2023, plaintiff Lori Oreskovich shall file a disclosure statement identifying her state citizenship at the time of removal. Text Only Entry (pabsec, )
August 21, 2023 Filing 10 STATEMENT re: Diversity by Plaintiff Lori A. Oreskovich. (Bulger, Thomas)
August 18, 2023 Opinion or Order Filing 9 MINUTE ORDER by Chief Judge Philip A. Brimmer on 8/18/2023. Based on defendant's representation that the Court has jurisdiction pursuant to 28 U.S.C. 1332, Docket No. #1 at 2, Federal Rule of Civil Procedure 7.1(a)(2) requires that each party file a disclosure of her 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). "For purposes of federal diversity jurisdiction, an individual's state citizenship is equivalent to domicile." Smith v. Cummings, 445 F.3d 1254, 1259 (10th Cir. 2006). "To establish domicile in a particular state, a person must be physically present in the state and intend to remain there." Id. at 1260. On or before August 23, 2023, plaintiff Lori Oreskovich shall file a disclosure statement in accordance with Rule 7.1 identifying her citizenship at the time of removal. Text Only Entry (pabsec, )
August 18, 2023 Filing 8 NOTICE of Entry of Appearance by Thomas A. Bulger on behalf of Lori A. OreskovichAttorney Thomas A. Bulger added to party Lori A. Oreskovich(pty:pla) (Bulger, Thomas)
August 18, 2023 Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (norlin, )
August 18, 2023 Filing 6 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry (norlin, )
August 18, 2023 Filing 5 AFFIDAVIT/RETURN of Service of LO summons.pdf, ccs.pdf, complaint.pdf upon Unum Life Insurance Company of America on 7/31/2023 (norlin, )
August 18, 2023 Filing 4 COMPLAINT and Jury Trial Demand against Unum Life Insurance Company of America, filed by Lori A. Oreskovich.(norlin, )
August 18, 2023 Filing 3 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) (norlin, )
August 18, 2023 Filing 2 NOTICE of Entry of Appearance by Emily M. Hobbs on behalf of Unum Life Insurance Company of AmericaAttorney Emily M. Hobbs added to party Unum Life Insurance Company of America(pty:dft) (Hobbs, Emily)
August 18, 2023 Filing 1 NOTICE OF REMOVAL by Unum Life Insurance Company of America from Colorado State Court, District of Arapahoe, Case Number 2023CV31426. (Filing fee $ 402, Receipt Number ACODC-9251917), 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 Return of Service, #4 Exhibit Ex. D - State Court Cover Sheet, #5 Docket Sheet State Court Docket Report, #6 Civil Cover Sheet JS-44 - Civil Cover Sheet)(Ladin-Sienne, Nicholas)

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Plaintiff: Lori A. Oreskovich
Represented By: Thomas A. Bulger
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Defendant: Unum Life Insurance Company of America
Represented By: Emily M. Hobbs
Represented By: Nicholas J. Ladin-Sienne
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