Zzap Wellness, LLC v. American Bankers Insurance Company of Florida
| Zzap Wellness, LLC |
| American Bankers Insurance Company of Florida |
| 1:2023cv02984 |
| November 10, 2023 |
| US District Court for the District of Colorado |
| Kathryn A Starnella |
| Charlotte N Sweeney |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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| Filing 28 REPLY to Response to #12 MOTION to Dismiss filed by Defendant American Bankers Insurance Company of Florida. (Attachments: #1 Exhibit 1)(Wise, Andrew) |
Filing 27
ORDER granting #26 Unopposed Motion for Extension of Time to File Response/Reply as to #12 Motion to Dismiss. The Reply is now due by 12/29/2023. By Judge Charlotte N. Sweeney on 12/22/2023. Text Only Entry(cnsja. )
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| Filing 26 Unopposed MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss by Defendant American Bankers Insurance Company of Florida. (Wise, Andrew) |
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Filing 25
MINUTE ORDER re: #12 Motion to Dismiss. A 45-minute Oral Argument on the Motion to Dismiss #12 is set for 1/22/2024 at 11:00 AM in Courtroom A 702 before Judge Charlotte N. Sweeney. By Judge Charlotte N. Sweeney on 12/12/2023. Text Only Entry (cnsja. )
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| Filing 24 Exhibits in Support of Response to Motion to Dismiss by Plaintiff Zzap Wellness, LLC. (Athey, Matthew) |
| Filing 23 RESPONSE to #12 MOTION to Dismiss filed by Plaintiff Zzap Wellness, LLC. (Athey, Matthew) |
| Filing 22 NOTICE of Entry of Appearance by Matthew Allan Athey on behalf of Zzap Wellness, LLCAttorney Matthew Allan Athey added to party Zzap Wellness, LLC(pty:pla) (Athey, Matthew) |
| Filing 21 AMENDED CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent American Bankers Insurance Group, Inc., Corporate Parent Assurant, Inc., Corporate Parent Interfinancial Inc. for American Bankers Insurance Company of Florida. (Wise, Andrew) Modified on 12/6/2023 to correct document title (cnsja, ). |
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Filing 20
ORDER by Magistrate Judge Kathryn A. Starnella on 4 December 2023. IT IS HEREBY ORDERED that the Unopposed Motion to Vacate the Scheduling Conference and Stay Discovery Pending Resolution of Defendant's Motion to Dismiss #18 is GRANTED. IT IS FURTHER ORDERED that discovery is stayed in this lawsuit pending further order of the Court. IT IS FURTHER ORDERED that the Scheduling Conference set for December 20, 2023, at 10:30 a.m. is VACATED. If appropriate, it will be reset following resolution of the Motion to Dismiss #12 .(cmadr, )
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| Filing 19 MEMORANDUM regarding #18 Unopposed Motion to Vacate the Scheduling Conference and Stay Discovery Pending Resolution of Defendant's Motion to Dismiss #12 . Motion #18 is referred to Magistrate Judge Kathryn A. Starnella, by Judge Charlotte N. Sweeney on 11/29/2023. Text Only Entry (cnsja.) |
| Filing 18 Unopposed MOTION to Vacate the Scheduling Conference and Stay Discovery Pending Resolution of Defendant's Motion to Dismiss by Defendant American Bankers Insurance Company of Florida. (Wise, Andrew) |
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Filing 17
ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella 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 Local Civ. R. 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, (4) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, 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. By Judge Charlotte N. Sweeney on 11/29/23. Text Only Entry (jdyne)
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| Filing 16 CASE REASSIGNED pursuant to #15 Order. This case is randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Kathryn A. Starnella. All future pleadings should be designated as 23-cv-02984-CNS. (Text Only Entry) (cmadr, ) |
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Filing 15
Minute ORDER by Magistrate Judge Kathryn A. Starnella on 28 November 2023. This case was assigned to a United States Magistrate Judge pursuant to D.C.COLO.LCivR 40.1(c). The signed Consent-Non-Consent Form #14 indicates that at least one party has declined to consent. Accordingly, IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). (cmadr, )
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| Filing 14 CONSENT to Jurisdiction of Magistrate Judge by Defendant American Bankers Insurance Company of Florida All parties do not consent.. (Wise, Andrew) |
| Filing 13 NOTICE of Filing of State Court Docket Sheet by Defendant American Bankers Insurance Company of Florida (Attachments: #1 Docket Sheet Larimer County District Court Case No. 2023CV030665)(Ridley, Terence) |
| Filing 12 MOTION to Dismiss by Defendant American Bankers Insurance Company of Florida. (Attachments: #1 Exhibit 1 - Portion of Policy)(Wise, Andrew) |
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Filing 11
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kathryn A. Starnella on 13 November 2023. Proposed Scheduling Order due 12/13/2023. Scheduling Conference set for 12/20/2023 10:30 AM in Courtroom C204 before Magistrate Judge Kathryn A. Starnella. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document) (cmadr, )
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Filing 10
MINUTE ORDER. Pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form [#9] is December 6, 2023. by Magistrate Judge Kathryn A. Starnella on 11/13/2023. Text Only Entry (kaslc2, )
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| 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. (blaws) |
| Filing 8 Case assigned to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (blaws) |
| Filing 7 STATE COURT ORDER GRANTING Defendant American Bankers Insurance Company of Floridas Unopposed Motion For Extension of Time to Respond to Plaintiffs First Amended Complaint And Jury Demand, by District Court Judge, Larimer County, on 10/25/2023. (blaws) |
| Filing 6 STATE COURT FIRST AMENDED COMPLAINT and Jury Demand against American Bankers Insurance Company of Florida, filed by Zzap Wellness, LLC. (blaws) |
| Filing 5 RETURN of Service of Summons, Complaint, Civil Case Cover Sheet upon Assurant Insurance Agency, Inc. on 08/31/2023. (blaws) |
| Filing 4 STATE COURT COMPLAINT and Jury Demand against American Bankers Insurance Company of Florida, filed by Zzap Wellness, LLC. (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 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Assurant, Inc. for American Bankers Insurance Company of Florida. (Wise, Andrew) |
| Filing 1 NOTICE OF REMOVAL by American Bankers Insurance Company of Florida from Larimer County District Court, Case Number 2023CV030665. (Filing fee $ 402, Receipt Number ACODC-9389617), filed by American Bankers Insurance Company of Florida. (Attachments: #1 Exhibit A to Notice of Removal - Colorado Division of Insurance Company Consumer Inquiry, #2 State Court - Complaint and Jury Demand, #3 State Court - First Amended Complaint and Jury Demand, #4 State Court - Return of Service on 08/31/2023 of Complaint and Jury Demand, #5 State Court - Waiver of Service on 10-11-2023 of First Amended Complaint, #6 State Court - Order Granting American Bankers Until 11-16-2023 to respond to First Amended Complaint, #7 State Court - District Court Civil Case Cover Sheet, #8 State Court - Summons to Defendant, #9 State Court - Notice Judicial Civil Case Management, #10 State Court - Notice of Filing of Notice of Removal, #11 Civil Cover Sheet)(Ridley, Terence) |
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| Plaintiff: Zzap Wellness, LLC | |
| Represented By: | Matthew A. Athey |
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| Defendant: American Bankers Insurance Company of Florida | |
| Represented By: | Andrew J. H. Wise |
| Represented By: | Terence M. Ridley |
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