Vigil v. State Farm Mutual Automobile Insurance Company
Plaintiff: Anna G. Vigil
Defendant: State Farm Mutual Automobile Insurance Company
Case Number: 1:2023cv02124
Filed: August 21, 2023
Court: US District Court for the District of Colorado
Presiding Judge: Susan B Prose
Referring Judge: Susan Prose
2 Judge: Nina Y Wang
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Both
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on October 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 13, 2023 Opinion or Order Filing 23 MINUTE ORDER: This matter is before the Court on the #22 Stipulation of Dismissal of Plaintiff's First Claim for Relief with Prejudice, wherein the Parties purport to "stipulate to dismiss Plaintiff's First Claim for Relief, Breach of Contract, with prejudice against Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY" pursuant to Rule 41 of the Federal Rules of Civil Procedure. See [Doc. 22]. Rule 41, however, speaks to the dismissal of an action and not merely claims. See Fed. R. Civ. P. 41(a). Indeed, the Tenth Circuit has explained that Rule 41 is not the appropriate vehicle for dismissing fewer than all of a plaintiff's claims against a defendant. See Gobbo Farms & Orchards v. Pool Chem. Co., 81 F.3d 122, 123 (10th Cir. 1996) ("[Plaintiff] offers no authority, and we have found none, to support its contention that Rule 41(a) applies to dismissal of less than all claims in an action."); see also QFA Royalties, LLC v. ZT Invs., LLC, No. 17-cv-00507-WJM-NRN, 2018 WL 4095114, at *3 (D. Colo. Aug. 28, 2018) (noting that the "Tenth Circuit takes a strict view of the words 'an action' and holds that Rule 41 cannot apply to 'less than all claims in an action.'"). Accordingly, when a plaintiff seeks to dismiss fewer than all claims against a defendant, "the proper procedure is for a plaintiff to amend the complaint pursuant to Federal Rule of Civil Procedure 15." Hawkinson v. Obrien, No. 18-cv-03022-PAB-KMT, 2020 WL 3619557, at *3 (D. Colo. July 2, 2020); Carskadon v. Diva Int'l, Inc., No. 12-cv-01886-RM-KMT, 2013 WL 1876784, at *2 (D. Colo. May 3, 2013); 9 Charles Alan Wright & Arthur R. Miller, Federal Practice & Procedure 2362 (3d ed.) ("A plaintiff who wishes to drop some claims but not others should do so by amending his complaint pursuant to Rule 15."). It appears that two claims would remain against Defendant if Plaintiff's first claim were dismissed. Accordingly, to dismiss her first claim, Plaintiff must amend her Complaint pursuant to Rule 15. By Judge Nina Y. Wang on 10/13/2023. Text Only Entry (nywlc6, )
October 11, 2023 Opinion or Order Filing 25 SCHEDULING ORDER by Magistrate Judge Susan Prose on 10/11/2023. Discovery due by 5/31/2024. Dispositive Motions due by 7/1/2024. (trvo, )
October 11, 2023 Filing 24 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Susan Prose on 10/11/2023. FTR: C205. (trvo, )
October 11, 2023 Filing 22 STIPULATION of Dismissal of Plaintiff's First Claim for Relief with Prejudice by Defendant State Farm Mutual Automobile Insurance Company. (Patterson, Franklin)
October 6, 2023 Filing 21 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: attorney Kurt Hans Henkel, re #18 Proposed Scheduling Order and #19 Corporate Disclosure Statement. DO NOT REFILE THE DOCUMENTS. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (jtorr, )
October 5, 2023 Opinion or Order Filing 20 ORDER REFERRING CASE: This case is referred to Magistrate Judge Susan B. Prose 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, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. 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. Alternatively, the Magistrate Judge, at her discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 10/5/2023. Text Only Entry (nywlc6, )
October 4, 2023 Filing 19 STATEMENT 7.1 Dislcosure by Plaintiff Anna G. Vigil. (Henkel, Kurt)
October 4, 2023 Filing 18 Proposed Scheduling Order by Defendant State Farm Mutual Automobile Insurance Company. (Patterson, Franklin)
October 3, 2023 Filing 17 CORPORATE DISCLOSURE STATEMENT. (Patterson, Franklin)
September 28, 2023 Opinion or Order Filing 16 MINUTE ORDER: Defendant removed this case pursuant to 28 U.S.C. 1332(a). See [Doc. #1 ]. Under Rule 7.1 of the Federal Rules of Civil Procedure, "[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." Fed. R. Civ. P. 7.1(a)(2). This disclosure statement is to be filed at the time of the party's "first appearance, pleading, petition, motion, response, or other request addressed to the court." Fed. R. Civ. P. 7.1(b)(1). The Court reminds the Parties that, for purposes of diversity jurisdiction, "[a]n individual's residence is not equivalent to his domicile and it is domicile that is relevant for determining citizenship." Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1238 (10th Cir. 2015); see also Middleton v. Stephenson, 749 F.3d 1197, 1200 (10th Cir. 2014) ("[A] person acquires domicile in a state when the person resides there and intends to remain there indefinitely."). Plaintiff has not filed a Rule 7.1(a)(2) disclosure statement, and although Defendant has filed a #2 Corporate Disclosure Statement, it does not comply with the requirements of Rule 7.1(a)(2) because it does not disclose Defendant's state(s) of citizenship. Accordingly, it is ORDERED that, on or before October 5, 2023, both Plaintiff and Defendant SHALL FILE a Rule 7.1(a)(2) disclosure statement that complies with Rule 7.1(a)(2). By Judge Nina Y. Wang on 09/28/2023. Text Only Entry (nywlc6, )
September 28, 2023 Filing 15 CASE REASSIGNED. Pursuant to #14 Consent to Jurisdiction of Magistrate Judge.All parties do not consent. This case is randomly reassigned to Judge Nina Y. Wang and drawn to Magistrate Judge Susan B. Prose. All future pleadings should be designated as 23-cv-2124-NYW(Text Only Entry) (angar, )
September 27, 2023 Filing 14 CONSENT to Jurisdiction of Magistrate Judge by Defendant State Farm Mutual Automobile Insurance Company All parties do not consent.. (Patterson, Franklin)
August 29, 2023 Filing 13 NOTICE of Entry of Appearance by Kurt Hans Henkel on behalf of Anna G. VigilAttorney Kurt Hans Henkel added to party Anna G. Vigil(pty:pla) (Henkel, Kurt)
August 22, 2023 Filing 12 NOTICE of Entry of Appearance by Marianne Espar Garrison on behalf of Anna G. VigilAttorney Marianne Espar Garrison added to party Anna G. Vigil(pty:pla) (Garrison, Marianne)
August 22, 2023 Filing 11 Defendant's ANSWER to #7 Complaint and Jury Demand by State Farm Mutual Automobile Insurance Company.(Patterson, Franklin)
August 22, 2023 Opinion or Order Filing 10 ORDER SETTING CONSENT DEADLINE AND SCHEDULING CONFERENCE by Magistrate Judge Susan Prose on 08/22/2023. Consent Form due by 9/27/2023. Proposed Scheduling Order due 10/4/2023. A Telephonic Scheduling Conference is set for 10/11/2023 1:00 PM in Courtroom C205 before Magistrate Judge Susan Prose. Parties shall attend by calling 571-353-2301, Guest meeting ID- 868150043. All attendees shall please mute their phone when not speaking and not use speaker phone. Text Only Entry (splc3)
August 21, 2023 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. (jcharl, )
August 21, 2023 Filing 8 AFFIDAVIT/RETURN of Service of Summons, Complaint and Civil Case Cover Sheet upon State Farm Mutual Automobile Insurance Company on 08/07/2023. (jcharl, )
August 21, 2023 Filing 7 COMPLAINT and Jury Demand against State Farm Mutual Automobile Insurance Company, filed by Anna G. Vigil.(jcharl, )
August 21, 2023 Filing 6 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, )
August 21, 2023 Filing 5 Case assigned to Magistrate Judge Susan B. Prose. Text Only Entry. (jcharl, )
August 21, 2023 Filing 4 NOTICE of Entry of Appearance of Olivia M. Roberts by Olivia M. Roberts on behalf of State Farm Mutual Automobile Insurance CompanyAttorney Olivia M. Roberts added to party State Farm Mutual Automobile Insurance Company(pty:dft) (Roberts, Olivia)
August 21, 2023 Filing 3 NOTICE of Entry of Appearance of Franklin D. Patterson by Franklin D. Patterson on behalf of State Farm Mutual Automobile Insurance Company (Patterson, Franklin)
August 21, 2023 Filing 2 CORPORATE DISCLOSURE STATEMENT. (Patterson, Franklin)
August 21, 2023 Filing 1 NOTICE OF REMOVAL by State Farm Mutual Automobile Insurance Company from Eagle County District Court, Case Number 2023 CV 030127. (Filing fee $ 402, Receipt Number ACODC-9255305), filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Civil Cover Sheet, #3 Exhibit C - Summons, #4 Exhibit D - AOS, #5 Exhibit E - Property Owner Info, #6 Exhibit F - Voter Reg, #7 Exhibit G - SOS Summary, #8 Exhibit H - Delay Reduction & E-Filing Ord, #9 Exhibit I - Ord Re Rule 121 Duty to Confer, #10 Civil Cover Sheet)(Patterson, Franklin)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Colorado District Court's Electronic Court Filings (ECF) System

Search for this case: Vigil v. State Farm Mutual Automobile Insurance Company
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Anna G. Vigil
Represented By: Kurt Hans Henkel
Represented By: Marianne Espar Garrison
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: State Farm Mutual Automobile Insurance Company
Represented By: Olivia M. Roberts
Represented By: Franklin D. Patterson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?