Halcomb-York v. Farmers Casualty Insurance Company
| Suzette Halcomb-York |
| Farmers Casualty Insurance Company and Metropolitan Casualty Insurance Company |
| 1:2023cv02634 |
| October 10, 2023 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Susan Prose |
| 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 29 AMENDED COMPLAINT and Jury Demand against Farmers Casualty Insurance Company, filed by Suzette Halcomb-York.(Cavanaugh, Frank) |
Filing 28
MINUTE ORDER by Magistrate Judge Susan Prose on 12/5/2023, GRANTING the #26 Motion for Leave to Amend Complaint. Plaintiff shall file a clean version of the [26-1] Amended Complaint on or before 12/8/2023. Text Only Entry (sbplc3)
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| Filing 27 MEMORANDUM regarding #26 First MOTION for Leave to Amend Complaint filed by Suzette Halcomb-York. Motion referred to Magistrate Judge Susan Prose, by Chief Judge Philip A. Brimmer on 12/05/2023. Text Only Entry (pabsec, ) |
| Filing 26 First MOTION for Leave to Amend Complaint by Plaintiff Suzette Halcomb-York. (Attachments: #1 Exhibit, #2 Proposed Order (PDF Only))(Cavanaugh, Frank) |
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Filing 25
MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/30/2023, re: #22 Stipulated Motion to Dismiss Plaintiff's Common Law Bad Faith and Statutory Unreasonable Delay of Benefits Claims Without Prejudice is deemed ineffective as a means of dismissing claims two and three against FCIC.(jtorr, )
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Filing 24
SCHEDULING ORDER by Magistrate Judge Susan Prose on 11/28/2023. Discovery due by 7/1/2024. Dispositive Motions due by 8/1/2024. (trvo, )
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| Filing 23 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Susan Prose on 11/28/2023. A telephonic status conference is set for May 21, 2024, at 9:30 a.m. before Magistrate Judge Susan Prose. The 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. An in-person Final Pretrial Conference is set for October 3, 2024, at 9:30 a.m. in Courtroom C205, Byron Rogers U.S. Courthouse, 1929 Stout Street, Denver, Colorado before Magistrate Judge Susan Prose. The parties shall electronically file their proposed pretrial order through CM/ECF, and include a courtesy copy of the proposed order in a Word format sent by email to Prose_Chambers@cod.uscourts.gov seven days prior to the conference. FTR: C205. (trvo, ) |
| Filing 22 Stipulated MOTION to Dismiss Plaintiff's Common Law Bad Faith and Statutory Unreasonable and Denial of Benefits Claims Without Prejudice by Plaintiff Suzette Halcomb-York. (Attachments: #1 Proposed Order (PDF Only))(Cavanaugh, Frank) Modified to correct event type on 11/28/2023 (jtorr, ). |
| Filing 21 NOTICE of Entry of Appearance by Frank Maurice Cavanaugh on behalf of Suzette Halcomb-York (Cavanaugh, Frank) |
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Filing 20
ORDER REFERRING CASE to Magistrate Judge Susan 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, (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 11/27/2023. Text Only Entry (pabsec, )
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| Filing 19 STATEMENT Plaintiff's Federal Rule of Civil Procedure 7.1 Disclosure Statement by Plaintiff Suzette Halcomb-York. (Cavanaugh, Frank) |
| Filing 18 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Susan Prose on 11/20/2023. In light of Mr. Cavanaugh's absence, the Court RESETS the scheduling conference for November 28, 2023, at 1:30 p.m. in C205 before Magistrate Judge Prose. The parties shall appear in person. Assuming that Mr. Cavanaugh intends to represent Plaintiff in this matter, Mr. Cavanaugh is directed to ensure his presence at the rescheduled scheduling conference and to have both formally entered an appearance in this case and to have complied with Chief Judge Brimmer's Order (ECF No. 15 ) by November 28, 2023. FTR: C205. (trvo, ) |
| Filing 17 Proposed Scheduling Order by Defendant Farmers Casualty Insurance Company. (Klann, Nicholas) |
| Filing 16 NOTICE Re: Proposed Scheduling Order by Defendant Farmers Casualty Insurance Company (Klann, Nicholas) |
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Filing 15
MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/9/2023. Based on defendant's representation that the Court has jurisdiction pursuant to 28 U.S.C. 1332, Docket No. #1 at 1, 3, 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). 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 November 15, 2023, plaintiff Suzette Halcomb-York shall file a disclosure statement in accordance with Rule 7.1 identifying her citizenship at the time of removal. Text Only Entry (pabsec, )
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| Filing 14 CASE REASSIGNED. Pursuant to #13 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Chief Judge Philip A. Brimmer and Magistrate Judge Susan B. Prose. All future pleadings should be designated as 23-cv-2634-PAB (Text Only Entry) (angar, ) |
| Filing 13 CONSENT to Jurisdiction of Magistrate Judge by Defendant Farmers Casualty Insurance Company All parties do not consent.. (Klann, Nicholas) |
| Filing 12 ANSWER to #3 Complaint by Farmers Casualty Insurance Company.(Klann, Nicholas) |
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Filing 11
ORDER Setting Consent Deadline and Scheduling Conference, by Magistrate Judge Susan Prose on 10/13/2023. If the parties have not done so already, they shall complete and file the Magistrate Judge Consent Form on or before November 6, 2023. The Fed. R. Civ. P. 16(b) Scheduling Conference shall be held telephonically on November 20, 2023, at 9:30 a.m., in Courtroom C-205, on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. The 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. The parties shall file the proposed Scheduling Order with the Clerk's Office, and in accordance with District of Colorado Electronic Case Filing ("ECF") Procedures, no later than five business days prior to the scheduling conference. The parties shall also email the proposed Scheduling Order in Word format to Magistrate Judge Prose at #Prose_Chambers@cod.uscourts.gov (angar, )
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| Filing 10 NOTICE of Entry of Appearance by Nicholas Bowles Klann on behalf of Farmers Casualty Insurance Company (Klann, Nicholas) |
| Filing 9 NOTICE of Entry of Appearance by John Polk Craver on behalf of Farmers Casualty Insurance CompanyAttorney John Polk Craver added to party Farmers Casualty Insurance Company(pty:dft) (Craver, John) |
| Filing 8 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (schap, ) |
| Filing 7 MEMORANDUM RETURNING CASE by Senior Judge Robert E. Blackburn. This case is randomly reassigned to Magistrate Judge Susan Prose for all further proceedings. (schap, ) |
| Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (efoga, ) |
| Filing 5 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (efoga, ) |
| Filing 4 AFFIDAVIT/RETURN of Service of Summons and Complaint upon Farmers Casualty Insurance Company on 9/11/2023 (efoga, ) |
| Filing 3 COMPLAINT and Jury Demand against Farmers Casualty Insurance Company, filed by Suzette Halcomb-York.(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 Farmers Casualty Insurance Company from Adams County District Court, Case Number 2023CV31273. (Filing fee $ 402, Receipt Number ACODC-9336452), filed by Farmers Casualty Insurance Company. (Attachments: #1 Exhibit A- Complaint, #2 Exhibit B-Colorado Secretary of State Summary, #3 Exhibit C - State Court Pleadings, #4 Exhibit D - State Court Register of Actions, #5 Civil Cover Sheet)(Klann, Nicholas) |
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