Ornelas v. StanCorp Financial Group, Inc
| Annette Ornelas |
| StanCorp Financial Group, Inc Stancorp Financial Group, Inc. d/b/a The Standard, StanCorp Financial Group, Inc Stancorp Financial Group, Inc. d/b/a The Standard doing business as Standard, The and Standard Insurance Company |
| 1:2024cv00065 |
| January 9, 2024 |
| US District Court for the District of Colorado |
| Charlotte N Sweeney |
| Scott T Varholak |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 25 ANSWER to #23 Amended Complaint by Standard Insurance Company.(Andrews, Ann-Martha) |
| Filing 24 MINUTE ENTRY for Telephonic Scheduling Conference held before Magistrate Judge Scott T. Varholak on 2/22/2024. ORDERED: The Scheduling Conference is reset to March 14, 2024 at 9:15 a.m. before Magistrate Judge Varholak. Parties may appear by telephone by calling the court at (571-353-2301) Access Code: 252821415#Any future failures to appear by Plaintiff may result in a recommendationfor dismissal. FTR: A402. (morti, ) |
| Filing 23 AMENDED COMPLAINT First Amended Complaint against Annette Ornelas, filed by Annette Ornelas.(Edmunds, Kara) |
| Filing 22 Proposed Scheduling Order by Defendant Standard Insurance Company. (Andrews, Ann-Martha) |
Filing 21
MINUTE ORDER This matter is before the Court upon review of the Docket. Pursuant to 15 Minute Order, Plaintiff was ordered to file an amended complaint that names the correct defendant on or before 2/14/2024. No amended complaint has been received. The Court sua sponte extends Plaintiff's deadline to file their amended complaint to 2/16/2024. Pursuant to D.C.COLO.LCivR 15.1, Plaintiff shall include a separate copy of the amended pleading that strikes through the text to be deleted and underlines the text to be added. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/15/2024. Text Only Entry (stvlc4, )
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Filing 20
ORDER REFERRING CASE 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 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 2/9/24. Text Only Entry (jdyne)
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| Filing 19 CASE REASSIGNED. All parties do not consent. This case is randomly reassigned to Judge Charlotte N. Sweeney. All future pleadings should be designated as 24-cv-00065-CNS. (Text Only Entry) (schap, ) |
| Filing 18 CONSENT to Jurisdiction of Magistrate Judge by Defendant Standard Insurance Company All parties do not consent.. (Andrews, Ann-Martha) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent StanCorp Financial Group, Inc, Corporate Parent Meiji Yasuda Life Insurance Company for Standard Insurance Company. (Andrews, Ann-Martha) |
| Filing 16 Party StanCorp Financial Group, Inc (Stancorp Financial Group, Inc. d/b/a The Standard) terminated pursuant to the 15 Minute Order. Text Only Entry (schap, ) |
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Filing 15
MINUTE ORDER This matter is before the Court on #13 Stipulation to Dismiss StanCorp Financial Group, Inc. and Amend Caption to Substitute Correct Party Defendant Standard Insurance Company (the "Stipulation"). The parties stipulate to the dismissal of Plaintiff's claims against StanCorp Financial Group, Inc. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), the plaintiff may dismiss an action without a court order by filing a stipulation of dismissal signed by all parties who have appeared. Despite Rule 41(a)(1)'s reference to the dismissal of an "action," the weight of authority permits a dismissal of all claims pursuant to Rule 41(a)(1)(A) against fewer than all defendants. See Montoya v. FedEx Ground Package System, Inc., 614 F.3d 145, 148 (5th Cir. 2010); Blaize-Sampeur v. McDowell, 2007 WL 1958909, at *2 (E.D.N.Y. June 29, 2007). Thus, all of Plaintiff's claims against StanCorp Financial Group, Inc. were dismissed as of the entry of the Notice and no order of dismissal is necessary. Defendant StanCorp Financial Group, Inc. shall be removed from the caption in all future filings with the Court.The Stipulation also indicates that the parties "stipulate that Standard Insurance Company be substituted in the caption in place of StanCorp Financial Group, Inc." The Court construes this stipulation as an unopposed request to file an amended complaint naming the proper defendant. See Frank v. U.S. West, Inc., 3 F.3d 1357, 1365 (10th Cir. 1993) (explaining that requests to add a party are governed by Fed. R. Civ. P. 15(a), which sets out the methods available for amending pleadings). This request is GRANTED, and Plaintiff shall file an amended complaint naming Standard Insurance Company as the defendant on or before 2/14/2024. Pursuant to D.C.COLO.LCivR 15.1, Plaintiff shall include a separate copy of the amended pleading that strikes through the text to be deleted and underlines the text to be added. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/7/2024. Text Only Entry (stvlc4, )
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| Filing 14 ANSWER to Complaint by StanCorp Financial Group, Inc.(Andrews, Ann-Martha) |
| Filing 13 STIPULATION to Dismiss StanCorp Financial Group, Inc. and Amend Caption to Substitute Correct Party Defendant Standard Insurance Company by Defendant StanCorp Financial Group, Inc. (Attachments: #1 Proposed Order (PDF Only))(Andrews, Ann-Martha) |
| Filing 12 NOTICE of Entry of Appearance by Kara Edmunds on behalf of Annette OrnelasAttorney Kara Edmunds added to party Annette Ornelas(pty:pla) (Edmunds, Kara) |
| Filing 11 STATE COURT RECORDS from Arapahoe County District Court, Colorado by Defendant StanCorp Financial Group, Inc. (Attachments: #1 Exhibit A State Court Docket, #2 Exhibit B Notice of Filing of Notice of Removal, #3 Exhibit C Delay Reduction Order)(Andrews, Ann-Martha) |
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Filing 10
MINUTE ORDER Pursuant to #9 Stipulation, Defendant's answer or other response is due on or before 2/6/2024. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/16/2024. Text Only Entry (stvlc4, )
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| Filing 9 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant StanCorp Financial Group, Inc. StanCorp Financial Group, Inc answer due 1/16/2024. (Attachments: #1 Proposed Order (PDF Only))(Andrews, Ann-Martha) |
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Filing 8
ORDER Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference. Consent Form due by 2/8/2024. Citizenship Disclosure Statement due by 2/8/2024. Joint Proposed Scheduling Order due 2/15/2024. Scheduling Conference set for 2/22/2024 09:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. By Magistrate Judge Scott T. Varholak on 1/11/2024. (schap, )
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| Filing 7 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Meiji Yasuda Life Insurance Company for StanCorp Financial Group, Inc. (Andrews, Ann-Martha) |
| Filing 6 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (efoga, ) |
| Filing 5 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (efoga, ) |
| Filing 4 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 3 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #1 Notice of Removal, filed by attorney Ann-Martha Andrews. 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) (efoga, ) |
| Filing 2 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). Each of the state court documents shall be individual PDFs. See Appendix B Notice of Removal in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry) (efoga, ) |
| Filing 1 NOTICE OF REMOVAL by StanCorp Financial Group, Inc from Arapahoe County District Court, Case Number 2023CV32226. (Filing fee $ 405, Receipt Number ACODC-9478744), filed by StanCorp Financial Group, Inc. (Attachments: #1 Exhibit A Docket, Summons and Complaint, #2 Exhibit B State4 Court Notice of Filing, #3 Exhibit Civil Cover Sheet)(Andrews, Ann-Martha) |
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