Whitt et al v. American National Property and Casualty Company
Plaintiff: Elyse Whitt and Jason Whitt
Defendant: American National Property and Casualty Company
Case Number: 1:2023cv03170
Filed: November 30, 2023
Court: US District Court for the District of Colorado
Presiding Judge: Susan Prose
Referring Judge: Regina M Rodriguez
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 22, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 22, 2024 Opinion or Order Filing 17 ORDER REFERRING CASE to Magistrate Judge Susan B. Prose. 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) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) 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. SO ORDERED by Judge Regina M. Rodriguez on 1/22/2024. Text Only Entry (rmrja)
January 22, 2024 Filing 16 CASE REASSIGNED. Pursuant to #15 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned Judge Regina M. Rodriguez and drawn to Magistrate Judge Susan Prose. All future pleadings should be designated as 23-cv-03170-RMR. (Text Only Entry) (sphil, )
January 22, 2024 Filing 15 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Elyse Whitt, Jason Whitt All parties do not consent.. (Vigil, Jimmy)
December 12, 2023 Opinion or Order Filing 14 ORDER SETTING CONSENT DEADLINE AND SCHEDULING CONFERENCE by Magistrate Judge Susan Prose on 12/12/2023. Consent Form due by 1/22/2024. Proposed Scheduling Order due 1/29/2024. Telephonic Scheduling Conference set for 2/5/2024 at 10:30 AM in Courtroom C205 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. (trvo, )
December 8, 2023 Filing 13 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Brookfield Reinsurance LTD, Corporate Parent BAMR US Holdings LLC, Corporate Parent BAM Re Holdings Ltd., Corporate Parent American National Insurance Company for American National Property and Casualty Company. (Kurpanek, Andrew)
December 8, 2023 Filing 12 ANSWER to #3 Complaint by American National Property and Casualty Company.(Kurpanek, Andrew)
December 4, 2023 Filing 11 STATEMENT Plaintiff's F.R.C.P. 7.1(a)(2) Citizenship Disclosure Statement by Plaintiffs Elyse Whitt, Jason Whitt. (Vigil, Jimmy)
December 4, 2023 Opinion or Order Filing 10 MINUTE ORDER by Magistrate Judge Susan Prose on 12/4/2023. Based on defendant's representation that the Court has jurisdiction pursuant to 28 U.S.C. 1332, ECF No. #1 3, Federal Rule of Civil Procedure 7.1(a)(2) requires that each party file a disclosure of his citizenship. See Fed. R. Civ. P. 7.1(a)(2) ("In 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."). Accordingly, the court hereby ORDERS the parties to file 7.1 disclosure statements on or before 12/11/2023. The court notes that defendant's disclosure statement should specify whether American National Insurance Company is defendant's sole member. Text Only Entry (sbplc3)
December 1, 2023 Filing 9 NOTICE of Entry of Appearance by Jimmy D. Vigil on behalf of Elyse Whitt, Jason WhittAttorney Jimmy D. Vigil added to party Elyse Whitt(pty:pla), Attorney Jimmy D. Vigil added to party Jason Whitt(pty:pla) (Vigil, Jimmy)
November 30, 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 30, 2023 Filing 7 Case assigned to Magistrate Judge Susan Prose. Text Only Entry (efoga, )
November 30, 2023 Filing 6 STATE COURT ORDER GRANTING Unopposed Motion for Extension of Time for Defendant to File Responsive Pleading to Plaintiff's Complaint. By Ben L Leutwyler III, District Court Judge, Arapahoe County on 11/21/2023. (efoga, )
November 30, 2023 Filing 5 AFFIDAVIT/RETURN of Service of Demand for Jury Trial upon American National Property and Casualty Company on 11/9/2023 (efoga, )
November 30, 2023 Filing 4 AFFIDAVIT/RETURN of Service of Civil Case Cover Sheet, Summons, and Complaint upon American National Property and Casualty Company on 11/3/2023 (efoga, )
November 30, 2023 Filing 3 COMPLAINT against American National Property and Casualty Company, filed by Elyse Whitt, Jason Whitt.(efoga, )
November 30, 2023 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, )
November 30, 2023 Filing 1 NOTICE OF REMOVAL by American National Property and Casualty Company from Arapahoe County District Court, Case Number 2023CV32111. (Filing fee $ 402, Receipt Number ACODC-9420165), filed by American National Property and Casualty Company. (Attachments: #1 Exhibit Plaintiffs Complaint, #2 Exhibit Plaintiffs Civil Case Cover Sheet, #3 Exhibit Delay Reduction Order, #4 Exhibit Delay Reduction Order and Order Regarding Plan For Settlement, #5 Exhibit Summons, #6 Exhibit Return of Service, #7 Exhibit Demand for Jury Trial, #8 Exhibit Unopposed Motion for Extension of Time to File Responsive Pleading to Plaintiff's Complaint, #9 Exhibit Order on Unopposed Motion for Extension of Time to File Responsive Pleading to Plaintiff's Complaint, #10 Exhibit State Court Removal, #11 Exhibit Cover Sheet)(Kurpanek, Andrew)

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Plaintiff: Elyse Whitt
Represented By: Jimmy D. Vigil
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Plaintiff: Jason Whitt
Represented By: Jimmy D. Vigil
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Defendant: American National Property and Casualty Company
Represented By: Andrew D. Kurpanek
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