Zakrzewski v. Nationwide Property & Casualty Insurance Company et al
| Cletus Zakrzewski |
| Nationwide Property & Casualty Insurance Company doing business as Nationwide and Nationwide Mutual Insurance Company doing business as Nationwide |
| 1:2023cv02766 |
| October 23, 2023 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| S Kato Crews |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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Filing 22
MINUTE ORDER Setting Telephone Rule 16(b) Scheduling Conference. Telephone Scheduling Conference set for 1/31/2024 11:00 AM before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, no later than seven calendar days before the conference. At the scheduled time, counsel shall call the Court provided conference line at (888) 251-2909 Access Code: 5662814#. SO ORDERED by Magistrate Judge S. Kato Crews on 12/14/2023. Text Only Entry (amont, )
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Filing 21
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews 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 12/08/2023. Text Only Entry (pabsec, )
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| Filing 20 CORPORATE DISCLOSURE STATEMENT. (Attachments: #1 Exhibit A)(Nicole, Rebecca) |
| Filing 19 CORPORATE DISCLOSURE STATEMENT. (Attachments: #1 Exhibit A)(Nicole, Rebecca) |
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Filing 18
MINUTE ORDER by Chief Judge Philip A. Brimmer on 12/1/2023. Based on defendants' representation that the Court has jurisdiction pursuant to 28 U.S.C. 1332(a), Docket No. #1 at 2, the Court ordered defendants to file disclosure of their citizenships, pursuant to Federal Rule of Civil Procedure 7.1 (a)(2). Docket No. 14 . 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). "For diversity, a corporation is a citizen of its state of incorporation and the state where its principal place of business is located." Grynberg v. Kinder Morgan Energy Partners, L.P., 805 F.3d 901, 905 (10th Cir. 2015). Defendant Nationwide Property & Casualty Insurance Company ("NPCIC") and defendant Nationwide Mutual Insurance Company ("NMIC") filed separate disclosures, identifying each defendant as a separate entity. Docket Nos. #15 , #16 . NPCIC's disclosure states that it is an Iowa corporation. Docket No. #15 . It does not identify NPCIC's principal place of business. Defendants' answer states that NPCIC is an Ohio corporation. Docket No. #11 at 1, 2. NMIC's disclosure states it is an Ohio corporation. Docket No. #16 . It does not identify NMIC's principal place of business. On or before December 8, 2023 defendants shall file supplemental disclosures identifying their states of incorporation and principal places of business. Text Only Entry (pabsec, )
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| Filing 17 NOTICE re #1 Notice of Removal,,, Notice of Consent by Defendant Nationwide Mutual Insurance Company (Nicole, Rebecca) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT. (Nicole, Rebecca) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT. (Nicole, Rebecca) |
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Filing 14
MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/21/2023. Based on defendants' representation that the Court has jurisdiction pursuant to 28 U.S.C. 1332(a), Docket No. #1 at 2, Federal Rule of Civil Procedure 7.1 (a)(2) requires that each party file a disclosure of his or its 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 diversity purposes, "a corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has its principal place of business." 28 U.S.C. 1332(c)(1). Plaintiff names two defendants in his suit, Nationwide Property & Casualty Insurance Company and Nationwide Mutual Insurance Company. Docket No. #6 at 1. Defendants' notice of removal refers to both entities as "Nationwide" and then states that "Nationwide is an Iowa corporation with its principal place of business in Iowa." Docket No #1 at 3, 6. Counsel signed the notice of removal as "Attorney for Defendant." Id. at 6. It is not clear whether both defendants are Iowa corporations with their principal places of business in Iowa or whether defendants are the same entity. Defendants shall file a corporate disclosure statement on or before December 1, 2023 identifying whether defendants are a single entity and, if not, the citizenship of each corporation. Defendants shall also clarify which defendant removed this case to federal court and whether the other defendant consented to removal. Text Only Entry (pabsec, )
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| Filing 13 CASE REASSIGNED. Pursuant to #12 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 23-cv-02766-PAB. (Text Only Entry) (sphil, ) |
| Filing 12 CONSENT to Jurisdiction of Magistrate Judge by Defendant Nationwide Property & Casualty Insurance Company All parties do not consent.. (Werner, Katelyn) |
| Filing 11 Defendant's ANSWER to #6 Complaint and Jury Demand by Nationwide Property & Casualty Insurance Company.(Werner, Katelyn) |
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Filing 10
ORDER granting #9 Motion for Extension of Time. Nationwide may have to and including 11/6/2023, to answer or otherwise respond to the Complaint. By Magistrate Judge S. Kato Crews on 11/2/2023. Text Only Entry (skclc1)
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| Filing 9 MOTION for Extension of Time to File Answer or Otherwise Respond re #6 Complaint by Defendant Nationwide Property & Casualty Insurance Company. (Nicole, Rebecca) |
| Filing 8 NOTICE of Entry of Appearance by Reeves D. Whalen on behalf of Cletus ZakrzewskiAttorney Reeves D. Whalen added to party Cletus Zakrzewski(pty:pla) (Whalen, Reeves) |
| Filing 7 NOTICE of Entry of Appearance by Steven G. Greenlee on behalf of Cletus ZakrzewskiAttorney Steven G. Greenlee added to party Cletus Zakrzewski(pty:pla) (Greenlee, Steven) |
| Filing 6 STATE COURT COMPLAINT and Jury Demand against Nationwide Mutual Insurance Company, Nationwide Property & Casualty Insurance Company, filed by Cletus Zakrzewski. (blaws) |
| Filing 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (blaws) |
| Filing 4 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (blaws) |
| 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) (blaws) |
| Filing 2 NOTICE of Entry of Appearance of Katelyn S. Werner by Katelyn Shea Werner on behalf of Nationwide Property & Casualty Insurance CompanyAttorney Katelyn Shea Werner added to party Nationwide Property & Casualty Insurance Company(pty:dft) (Werner, Katelyn) |
| Filing 1 NOTICE OF REMOVAL by Nationwide Property & Casualty Insurance Company from District Court, County of Denver, State of Colorado, Case Number 2023CV32682. (Filing fee $ 402, Receipt Number ACODC-9357198), filed by Nationwide Property & Casualty Insurance Company. (Attachments: #1 Civil Case Cover Sheet, #2 Exhibit A - Complaint, #3 State Court Civil Cover Sheet, #4 State Court Complaint & Summons, #5 State Court Reduction Order, #6 State Court Pretrial Order, #7 State Court Certificate of Service on Nationwide Property & Casualty Insurance Company, #8 State Court Certificate of Service on Nationwide Mutual Insurance Company, #9 State Court Summons on Nationwide Property & Casualty Insurance Company, #10 State Court Summons on Nationwide Mutual Insurance Company, #11 State Court Docket Sheet)(Nicole, Rebecca) |
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| Plaintiff: Cletus Zakrzewski | |
| Represented By: | Reeves D. Whalen |
| Represented By: | Steven G. Greenlee |
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| Defendant: Nationwide Property & Casualty Insurance Company doing business as Nationwide | |
| Represented By: | Katelyn Shea Werner |
| Represented By: | Rebecca Nicole |
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| Defendant: Nationwide Mutual Insurance Company doing business as Nationwide | |
| Represented By: | Rebecca Nicole |
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