Mazur et al v. State Farm Mutual Automobile Insurance Company
| Stephanie Mazur and Julia Wunder |
| State Farm Mutual Automobile Insurance Company |
| 1:2023cv02618 |
| October 9, 2023 |
| US District Court for the District of Colorado |
| Scott T Varholak |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on December 5, 2023. A more recent docket listing may be available from PACER.
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Filing 28
SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 12/5/2023. (morti,)
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| Filing 27 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Scott T. Varholak on 12/5/2023. Discovery due by 4/26/2024. Dispositive Motions due by 5/17/2024. FTR: A402. (morti, ) |
| Filing 26 STATEMENT Plaintiffs Disclosure Statement by Plaintiffs Stephanie Mazur, Julia Wunder. (Rosenberg, Michael) |
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Filing 25
MINUTE ORDER: This matter is before the Court on #11 Order Setting Scheduling Conference. Pursuant to the Order, 7.1 Disclosures were due 11/21/2023. To date, Plaintiffs have not filed the required disclosures. Pursuant to Federal Rule of Civil Procedure 7.1(a)(2) (effective Dec. 1, 2022), parties in a diversity case must file a disclosure statement that names--and identifies the citizenship of--every individual or entity whose citizenship is attributed to that party, with that party's first pleading or motion. As the Tenth Circuit has instructed, "[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). "[A] person acquires domicile in a state when the person resides there and intends to remain there indefinitely." Middleton v. Stephenson, 749 F.3d 1197, 1200 (10th Cir. 2014). Plaintiffs are ORDERED to file a disclosure statement not later than 12/5/2023. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/29/2023. Text Only Entry (stvlc5, )
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| Filing 24 Plaintiff's ANSWER/REPLY to #21 Amended Answer to Complaint,, Counterclaim, for Declaratory Judgment by Stephanie Mazur, Julia Wunder.(Rosenberg, Michael) |
| Filing 23 Proposed Scheduling Order by Counter Claimants State Farm Mutual Automobile Insurance Company, State Farm Mutual Automobile Insurance Company, Defendant State Farm Mutual Automobile Insurance Company. (Barker, Nathaniel) |
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Filing 22
ORDER OF REFERENCE. Pursuant to the unanimous consent of the parties to the jurisdiction of a U.S. Magistrate Judge in this matter, this case is referred to U. S. Magistrate Judge Scott T. Varholak (or any U.S. Magistrate Judge upon potential reassignment) for all purposes including final disposition pursuant to 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. Judge Varholak shall conduct any and all further proceedings in this case, including trial, and order the entry of a final judgment. The parties and the Clerk of Court are DIRECTED to use the following case number for all future filings in this action: 23-cv-02618-STV. By District Judge Gordon P Gallagher on 11/14/2023. Text Only Entry (schap, )
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| Filing 21 AMENDED ANSWER to #5 Complaint with Jury Demand, Amended COUNTERCLAIM for Declaratory Judgment, and Demand for Jury Trial As To All Issues So Triable against Stephanie Mazur, Julia Wunder by Plaintiffs Stephanie Mazur, Julia Wunder. (Barker, Nathaniel) |
| Filing 20 NOTICE of Filing Amended Pleading re #15 Answer to Complaint,, Counterclaim, for Declaratory Judgment, and Demand for Jury Trial As To All Issues So Triable by Counter Claimant State Farm Mutual Automobile Insurance Company, Defendant State Farm Mutual Automobile Insurance Company (Attachments: #1 Redline of Defendant/Counterclaim Plaintiff State Farm Mutual Automobile Insurance Company's Amended Answer to Plaintiffs' Complaint and Jury Demand, Counterclaim for Declaratory Judgment, and Demand for Jury Trial As To All Issues So Triable)(Barker, Nathaniel) |
| Filing 19 CONSENT to Jurisdiction of Magistrate Judge by Counter Claimant State Farm Mutual Automobile Insurance Company, Defendant State Farm Mutual Automobile Insurance Company All parties consent.. (Barker, Nathaniel) |
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Filing 18
MINUTE ORDER: This Matter is before the Court on #16 Plaintiffs' Unopposed Motion for Extension of Time. For good cause shown, Plaintiffs shall serve their Response to Defendant's Counterclaim for Declaratory Judgment not later than November 21, 2023. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/14/2023. Text Only Entry(stvlc5, )
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| Filing 17 MEMORANDUM regarding #16 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #15 Answer to Complaint,, Counterclaim, filed by Julia Wunder, Stephanie Mazur. Motion referred to Magistrate Judge Scott T. Varholak, by District Judge Gordon P Gallagher on 11/14/2023. Text Only Entry (schap, ) |
| Filing 16 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #15 Answer to Complaint,, Counterclaim, by Plaintiffs Stephanie Mazur, Julia Wunder, Counter Defendants Stephanie Mazur, Julia Wunder. (Rosenberg, Michael) |
| Filing 15 ANSWER to #5 Complaint and Jury Demand, COUNTERCLAIM for Declaratory Judgment, and Demand for Jury Trial As To All Issues So Triable against Stephanie Mazur, Julia Wunder by State Farm Mutual Automobile Insurance Company.(Barker, Nathaniel) |
| Filing 14 NOTICE of Filing of State Court Docket Sheet by Defendant State Farm Mutual Automobile Insurance Company (Attachments: #1 Docket Sheet Larimer County District Court Case No. 2023CV030707)(Barker, Nathaniel) |
| Filing 13 NOTICE of Entry of Appearance by John G. Taussig, III on behalf of Julia WunderAttorney John G. Taussig, III added to party Julia Wunder(pty:pla) (Taussig, John) |
| Filing 12 NOTICE of Entry of Appearance by Michael Justin Rosenberg on behalf of Stephanie Mazur, Julia WunderAttorney Michael Justin Rosenberg added to party Stephanie Mazur(pty:pla), Attorney Michael Justin Rosenberg added to party Julia Wunder(pty:pla) (Rosenberg, Michael) |
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Filing 11
ORDER SETTING SCHEDULING CONFERENCE. Citizenship Disclosure Statement due 11/21/2023. Joint Proposed Scheduling Order due 11/28/2023. Scheduling Conference set for 12/5/2023 11:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. By Magistrate Judge Scott T. Varholak on 10/10/2023. (schap, )
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Filing 10
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. 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 specifically-referred motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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 District Judge Gordon P Gallagher on 10/10/2023. Text Only Entry (schap, )
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| Filing 9 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (efoga, ) |
| Filing 8 Case assigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (efoga, ) |
| Filing 7 STATE COURT ORDER Granting Defendant State Farm Mutual Automobile Insurance Company's Unopposed Motion for Extension of Time to File Answer or Other Response to Plaintiffs' Complaint and Jury Demand. By Laurie Kazue Dean, District Court Judge, Larimer County on 9/19/2023. (efoga, ) |
| Filing 6 AFFIDAVIT/RETURN of Service of Summons, Exhibits 1-5, Complaint and Jury Demand, Entry of Appearance, Notice Judicial Civil Case Management, and District Court Civil Case Cover Sheet for Initial Pleading of Complaint, Counterclaim, Cross-Claim or Third Party Complaint and Jury Demand upon State Farm Mutual Automobile Insurance on 9/12/2023 (efoga, ) |
| Filing 5 COMPLAINT and Jury Demand against State Farm Mutual Automobile Insurance Company, filed by Stephanie Mazur, Julia Wunder.(efoga, ) |
| 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) (efoga, ) |
| Filing 3 NOTICE of Entry of Appearance by Evan Bennett Stephenson on behalf of State Farm Mutual Automobile Insurance CompanyAttorney Evan Bennett Stephenson added to party State Farm Mutual Automobile Insurance Company(pty:dft) (Stephenson, Evan) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Barker, Nathaniel) |
| Filing 1 NOTICE OF REMOVAL by State Farm Mutual Automobile Insurance Company from Larimer County District Court, Case Number 2023CV030707. (Filing fee $ 402, Receipt Number ACODC-9333686), filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit 1 to Notice of Removal - Notice of Filing of Notice of Removal, #2 State Court - Complaint and Jury Demand, #3 State Court - Exhibit 1 to Complaint and Jury Demand, #4 State Court - Exhibit 2 to Complaint and Jury Demand, #5 State Court - Exhibit 3 to Complaint and Jury Demand, #6 State Court - Exhibit 4 to Complaint and Jury Demand, #7 State Court - Exhibit 5 to Complaint and Jury Demand, #8 State Court - Return of Service on 09/12/2023, #9 State Court - Order Granting State Farm Until 10/24/2023 to respond to Complaint, #10 State Court - District Court Civil Case Cover Sheet, #11 State Court - Summons, #12 State Court - Notice Judicial Civil Case Management, #13 State Court - Entry of Appearance by John Taussig as Attorney for Plaintiffs, #14 Civil Cover Sheet)(Barker, Nathaniel) |
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