Swycinsky v. State Farm Fire and Casualty Company
Plaintiff: Devin Swycinsky
Defendant: State Farm Fire and Casualty Company
Case Number: 1:2023cv03151
Filed: November 28, 2023
Court: US District Court for the District of Colorado
Presiding Judge: Scott T Varholak
Referring Judge: Nina Y Wang
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 24, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 24, 2024 Filing 30 Proposed Scheduling Order by Defendant State Farm Fire and Casualty Company. (Patterson, Hillary)
January 23, 2024 Filing 29 ANSWER to #6 Complaint by State Farm Fire and Casualty Company.(Patterson, Hillary)
January 12, 2024 Filing 28 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #27 Notice (Other) filed by attorney Patrick Connell McGinnis. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (norlin, )
January 10, 2024 Filing 27 NOTICE of Filing of Plaintiff's Amended Complaint by Plaintiff Devin Swycinsky (Attachments: #1 Exhibit A)(McGinnis, Patrick)
January 9, 2024 Opinion or Order Filing 26 MINUTE ORDER: This matter is before the Court on the filing of #24 Plaintiff's Amended Complaint. "It is well established that an amended complaint ordinarily supersedes the original and renders it of no legal effect." Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991). Therefore, any motion to dismiss directed at a superseded pleading is moot. Scott v. Buckner Co., 388 F. Supp. 3d 1320, 1324 (D. Colo. 2019). Accordingly, the #11 Motion to Dismiss is DENIED as moot. Furthermore, the Local Rules provide that a party that files an amended pleading "shall file a separate notice of filing the amended pleading and shall attach as an exhibit a copy of the amended pleading which strikes through... the text to be deleted and underlines... the text to be added." D.C.COLO.LCivR 15.1(a). No such notice or red-lined version of the Amended Complaint has been filed. Accordingly, it is ORDERED that on or before 1/11/2024, Plaintiff SHALL FILE the appropriate documents required by Local Rule 15.1(a). By Judge Nina Y. Wang on 01/09/2024. Text Only Entry (nywlc2,)
January 9, 2024 Filing 25 RESPONSE to #11 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Devin Swycinsky. (Attachments: #1 Proposed Order)(McGinnis, Patrick)
January 9, 2024 Filing 24 AMENDED COMPLAINT against Devin Swycinsky, filed by Devin Swycinsky. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(McGinnis, Patrick)
December 28, 2023 Opinion or Order Filing 23 ORDER granting #20 Motion for Extension of Time to Answer or Otherwise Respond re #20 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Defendant's Motion to Dismiss and to File Amended Complaint. Devin Swycinsky's response is due 1/9/2024. So Ordered by Magistrate Judge Scott T. Varholak on 12/28/2023. Text Only Entry(stv, )
December 22, 2023 Filing 22 MEMORANDUM regarding #20 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Defendant's Motion to Dismiss and to File Amended Complaint filed by Devin Swycinsky. Motions referred to Magistrate Judge Scott T. Varholak. By Judge Nina Y. Wang on 12/22/2023. Text Only Entry (nywlc2, )
December 22, 2023 Opinion or Order Filing 21 ORDER REFERRING CASE: This case is referred to Magistrate Judge Scott T. Varholak 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 his 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 12/22/2023. Text Only Entry (nywlc2, )
December 22, 2023 Filing 20 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Defendant's M0otion to Dismiss and to File Amended Complaint by Plaintiff Devin Swycinsky. (Attachments: #1 Proposed Order)(McGinnis, Patrick)
December 21, 2023 Filing 19 CASE REASSIGNED pursuant to #18 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Nina Y. Wang. All future pleadings should be designated as 23-cv-03151-NYW. (Text Only Entry) (schap, )
December 21, 2023 Filing 18 CONSENT to Jurisdiction of Magistrate Judge by Defendant State Farm Fire and Casualty Company All parties do not consent.. (Patterson, Hillary)
December 20, 2023 Opinion or Order Filing 17 MINUTE ORDER Pursuant to 12 Minute Order, the deadline for the parties to complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form was 12/19/2023. No such filing has been received. The Court sua sponte extends the deadline for the parties to complete a file a Consent Form to 12/27/2023. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/20/2023. Text Only Entry (stvlc4, )
December 11, 2023 Filing 16 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re #13 Notice of Entry of Appearance filed by attorney Patrick C. McGinnis. DO NOT REFILE THE DOCUMENT. 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) (schap, )
December 8, 2023 Filing 15 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re #14 Notice of Entry of Appearance filed by attorney Chad T. Wilson. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (schap, )
December 8, 2023 Filing 14 NOTICE of Entry of Appearance of Counsel Chad T. Wilson for Plaintiff by Patrick Connell McGinnis on behalf of Devin Swycinsky (McGinnis, Patrick)
December 8, 2023 Filing 13 NOTICE of Entry of Appearance of Counsel for Plaintiff by Patrick Connell McGinnis on behalf of Devin SwycinskyAttorney Patrick Connell McGinnis added to party Devin Swycinsky(pty:pla) (McGinnis, Patrick)
December 6, 2023 Opinion or Order Filing 12 MINUTE ORDER This matter is before the Court upon review of the docket. The deadline for the parties to complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form is RESET to 12/19/2023. No other deadline is impacted by this Order. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/6/2023. Text Only Entry (stvlc4, )
December 5, 2023 Filing 11 MOTION to Dismiss for Failure to State a Claim by Defendant State Farm Fire and Casualty Company. (Attachments: #1 Exhibit A (conferral email, letter), #2 Exhibit B (Policy))(Patterson, Hillary)
November 29, 2023 Opinion or Order Filing 10 ORDER Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference. Citizenship Disclosure Statement due by 1/17/2024. Consent Form due by 1/17/2024. Joint Proposed Scheduling Order due 1/24/2024. Scheduling Conference set for 1/31/2024 11:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. By Magistrate Judge Scott T. Varholak on 11/29/2023. (schap, )
November 28, 2023 Filing 9 Exhibits in Support of #1 Notice of Removal,, by Defendant State Farm Fire and Casualty Company. (Attachments: #1 Exhibit Register of Actions, #2 Exhibit Order Show Cause, #3 Exhibit Return of Service)(Patterson, Hillary)
November 28, 2023 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. (efoga, )
November 28, 2023 Filing 7 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (efoga, )
November 28, 2023 Filing 6 COMPLAINT AND JURY DEMAND against State Farm Fire and Casualty Company, filed by Devin Swycinsky.(efoga, )
November 28, 2023 Filing 5 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, )
November 28, 2023 Filing 4 Administrative Notice: Notice to filer of non-compliance with Notice of Removal case opening procedures. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1, and 28 U.S.C. 1446(a). All State court documents were not submitted.See Appendix B Notice of Removal in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry) (efoga, )
November 28, 2023 Filing 3 NOTICE of Entry of Appearance by Hillary D. Patterson on behalf of State Farm Fire and Casualty Company (Patterson, Hillary)
November 28, 2023 Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent State Farm Mutual Automobile Insurance Company for State Farm Fire and Casualty Company. (Attachments: #1 Exhibit A (SOS))(Patterson, Hillary)
November 28, 2023 Filing 1 NOTICE OF REMOVAL by State Farm Fire and Casualty Company from Jefferson County District Court, Case Number 2023CV31209. (Filing fee $ 402, Receipt Number ACODC-9415051), filed by State Farm Fire and Casualty Company. (Attachments: #1 Exhibit A (Complatint), #2 Exhibit B (state court civ cover sheet), #3 Exhibit C (court order), #4 Exhibit D (Civ Procedure Order), #5 Exhibit E (Summons), #6 Exhibit F (Assessor), #7 Exhibit G (Voter Reg), #8 Exhibit H (SOS), #9 Civil Cover Sheet Civil Cover Sheet)(Patterson, Hillary)

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Plaintiff: Devin Swycinsky
Represented By: Patrick Connell McGinnis
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Defendant: State Farm Fire and Casualty Company
Represented By: Hillary D. Patterson
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