Klink et al v. USAA Casualty Insurance Company
| Lachele Klink and Matthew Walters |
| USAA Casualty Insurance Company |
| 1:2024cv00094 |
| January 11, 2024 |
| US District Court for the District of Colorado |
| Michael E Hegarty |
| Nina Y Wang |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Both |
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Filing 24
SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 2/13/2024. (cthom, )
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| Filing 23 COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 2/13/2024. FTR: A501. (cthom, ) |
| Filing 22 CORPORATE DISCLOSURE STATEMENT. (Hamblin, Matthew) |
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Filing 21
MINUTE ORDER Due to a conflict on the Court's calendar, the Scheduling Conference set for 2/13/2024 at 11:45 AM is reset, TIME CHANGE ONLY, to 2/13/2024 at 11:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. ORDERED by Magistrate Judge Michael E. Hegarty on 2/8/2024. Text Only Entry. (cthom, )
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Filing 20
ORDER REFERRING CASE: This case is referred to Magistrate Judge Michael E. Hegarty 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 2/6/2024. Text Only Entry (nywlc6, )
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Filing 19
MINUTE ORDER: On January 11, 2024, Defendant removed this case to federal court pursuant to 28 U.S.C. 1332(a). See [Doc. #1 ]. Under Rule 7.1 of the Federal Rules of Civil Procedure, "[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." Fed. R. Civ. P. 7.1(a)(2). This disclosure statement is to be filed "when the action is filed in... federal court," Fed. R. Civ. P. 7.1(a)(2)(A), or at the time of the party's "first appearance, pleading, petition, motion, response, or other request addressed to the court." Fed. R. Civ. P. 7.1(b)(1). Although Plaintiffs entered their appearances on January 16, 2024, see [Doc. #10 ; Doc. #11 ], neither Plaintiff has filed the disclosure statement required by Rule 7.1. Accordingly, to ascertain whether this Court has diversity jurisdiction, it is ORDERED that on or before February 13, 2024, Plaintiffs SHALL FILE their required Rule 7.1(a)(2) disclosure statements identifying their respective states of citizenship. By Judge Nina Y. Wang on 2/6/2024. Text Only Entry (nywlc6, )
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| Filing 18 CASE REASSIGNED pursuant to #17 Minute Order. All parties do not consent. This case is randomly reassigned to Judge Nina Y. Wang and drawn to Magistrate Judge Michael E. Hegarty for all further proceedings. All future pleadings should be designated as 24-cv-00094-NYW. (Text Only Entry) (jtorr, ) |
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Filing 17
MINUTE ORDER: Pursuant to the consent form filed by the Parties declining consent under D.C.Colo.LCivR 40.1(c) [ECF #16 ], the Court directs the Clerk of the Court to reassign this case under D.C.Colo.LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72, and D.C.Colo.LCivR 72.1(c). Entered by Magistrate Judge Michael E. Hegarty on 2/6/2024. (jtorr, )
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| Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Defendant USAA Casualty Insurance Company All parties do not consent.. (Riter, Tory) |
| Filing 15 Proposed Scheduling Order by Defendant USAA Casualty Insurance Company. (Riter, Tory) |
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Filing 14
MINUTE ORDER Due to a error in the Court's calendaring, the Scheduling Conference set at #9 Minute Order for 2/13/2024 at 11:45 AM was mistakenly set for 3/13/2024 at 11:45 AM before being reset at the Court's ECF 13 Minute Order. The Scheduling Conference will commence on the original scheduled date and time of 2/13/2024 at 11:45 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. All related dates and deadlines set forth at the Court's #9 Minute Order remain in effect. ORDERED by Magistrate Judge Michael E. Hegarty on 1/29/2024. Text Only Entry. (cthom, )
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Filing 13
MINUTE ORDER The Scheduling Conference set for 3/13/2024 at 11:30 AM is reset, TIME CHANGE ONLY, to 3/13/2024 at 10:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. ORDERED by Magistrate Judge Michael E. Hegarty on 1/26/2024. Text Only Entry. (cthom, )
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| Filing 12 Defendant USAA CIC's ANSWER to #4 Complaint by USAA Casualty Insurance Company.(Riter, Tory) |
| Filing 11 NOTICE of Entry of Appearance by Jon Michael Topolewski on behalf of All Plaintiffs Attorney Jon Michael Topolewski added to party Lachele Klink(pty:pla), Attorney Jon Michael Topolewski added to party Matthew Walters(pty:pla) (Topolewski, Jon) |
| Filing 10 NOTICE of Entry of Appearance by Matthew Wayne Hamblin on behalf of Lachele Klink, Matthew WaltersAttorney Matthew Wayne Hamblin added to party Lachele Klink(pty:pla), Attorney Matthew Wayne Hamblin added to party Matthew Walters(pty:pla) (Hamblin, Matthew) |
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Filing 9
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 1/12/2024. Magistrate Judge Consent Form due 2/6/2024. Proposed Scheduling Order due 2/6/2024. Scheduling Conference set for 3/13/2024 at 11:30 a.m. in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (jtorr, )
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| Filing 8 CORPORATE DISCLOSURE STATEMENT. (Speckhals, Jeremy) |
| Filing 7 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (tgall, ) |
| Filing 6 STATE COURT ORDER Granting Re: Unopposed Motion For Extension Of Time To Respond to Complaint. By District Court Judge, Denver County, on 12/28/2023. (tgall, ) |
| Filing 5 RETURN of Service of Summons, Complaint and Jury Demand, District Court Civil (CV) Case Cover Sheet for Initial Pleading of Complaint, Counterclaim, Cross-Claim or Third Party Complaint and Exhibit A upon USAA Casualty Insurance Company on 12/14/2023. (tgall, ) |
| Filing 4 COMPLAINT AND JURY DEMAND against USAA Casualty Insurance Company, filed by Lachele Klink, Matthew Walters.(tgall, ) |
| Filing 3 Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry. (tgall, ) |
| 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). (tgall, ) |
| Filing 1 NOTICE OF REMOVAL by USAA Casualty Insurance Company from District Court Denver County State of Colorado, Case Number 2023CV33576. (Filing fee $ 405, Receipt Number ACODC-9483158), filed by USAA Casualty Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit A Complaint, #4 Exhibit B Civil Cover Sheet, #5 Exhibit C Return of Service, #6 Exhibit D Summons, #7 Exhibit E Property, #8 Exhibit F Klink Registered Voter Information, #9 Exhibit G Wakters Registered Voter Information, #10 Exhibit H Mac Envy Record, #11 Exhibit I USAA CIC Record, #12 Exhibit J Delay Reduction Order, #13 Exhibit K Pretrial Order, #14 Exhibit L Unopposed Motion for Extension, #15 Exhibit M Proposed Order on Motion for Extension, #16 Exhibit N Order on Motion for Extension to Respond to Complaint, #17 Exhibit O Notice of Firm Name Change, #18 Exhibit P Notice of Filing Notice of Removal, #19 Exhibit Q Register of Actions)(Riter, Tory) |
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