Griffin v. Auto-Owners Insurance Company
| Thomas A. Griffin |
| Auto-Owners Insurance Company and Owners Insurance Company |
| 1:2024cv00381 |
| February 7, 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 |
Docket Report
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This docket was last retrieved on April 3, 2024. A more recent docket listing may be available from PACER.
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Filing 32
MINUTE ORDER granting the #31 Motion for Leave to Withdraw for Attorney Mary v. Pucelik. Ms. Pucelik is hereby terminated from her representation of Defendant in this matter. By Judge Nina Y. Wang on 04/03/2024. Text Only Entry (nywlc2, )
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| Filing 31 MOTION to Withdraw as Attorney by Defendant Owners Insurance Company. (Pucelik, Mary) |
| Filing 30 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #27 Statement, #26 Response to Order to Show Cause, #28 Statement filed by attorney Ginger V. Geissinger. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (norlin, ) |
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Filing 29
MINUTE ORDER: In light of the #26 Plaintiff's Counsel's Response to Show Cause Order and contemporaneously filed Rule 7.1 disclosure statement, [Doc. #27 ; Doc. #28 ], the Court's #25 Order to Show Cause is hereby DISCHARGED. Counsel is respectfully advised that ignoring this Court's orders in the future may lead to sanctions, including but not limited to dismissal of claims with prejudice. By Judge Nina Y. Wang on 03/19/2024. Text Only Entry (nywlc5, )
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| Filing 28 STATEMENT PLAINTIFF'S DISCLOSURE STATEMENT UNDER FRCP 7.1 Amended by Plaintiff Thomas A. Griffin. (Geissinger, Ginger) |
| Filing 27 STATEMENT FROM PLAINTIFF PURSUANT TO FRCP 7.1 by Plaintiff Thomas A. Griffin. (Geissinger, Ginger) |
| Filing 26 RESPONSE TO ORDER TO SHOW CAUSE re #25 by Plaintiff Thomas A. Griffin. (Geissinger, Ginger) |
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Filing 25
ORDER TO SHOW CAUSE: Plaintiff is ORDERED TO SHOW CAUSE in writing, if any there be, on or before March 26, 2024, why he and/or his counsel should not be subject to sanctions for failing to comply with Rule 7.1 and this Court's Orders. By Judge Nina Y. Wang on 3/19/2024. (norlin, )
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Filing 24
SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 3/13/2024. (cthom, )
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| Filing 23 COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 3/13/2024. FTR: A501. (cthom, ) |
| Filing 22 Proposed Scheduling Order Joint Proposed Scheduling Order by Defendant Owners Insurance Company. (Pucelik, Mary) |
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Filing 21
ORDER denying without prejudice ECF #17 "Unopposed Motion to Allow Plaintiff's Counsel to Appear by Telephone on March 13, 2024 for the Scheduling Conference." Pursuant to ECF #11 , litigants and counsel shall "contact Chambers at (303) 844-4507 at least two business days prior to the scheduling conference to arrange appearance by telephone." Entered by Chief Magistrate Judge Michael E. Hegarty on 3/5/24. Text Only Entry (mehlc5)
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| Filing 20 MEMORANDUM regarding #17 Unopposed MOTION for Leave to Appear by Telephone at Scheduling Conference filed by Thomas A. Griffin. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Nina Y. Wang on 03/05/2024. Text Only Entry (nywlc5, ) |
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Filing 19
MINUTE ORDER: This matter is before the Court on Plaintiff's failure to timely file a Rule 7.1 disclosure statement, as required by this Court's February 23, 2024, Minute Order. [Doc. 15]. Counsel is reminded of her obligation to comply with this Court's orders in the prosecution of this action. Accordingly, Plaintiff SHALL FILE his Rule 7.1 disclosure statement on or before March 8, 2024. Additionally, the #18 Unopposed Motion to Amend Caption is GRANTED for good cause shown, and the Clerk of Court is directed to amend the docket and caption in this matter to designate Defendant as "Owners Insurance Company." By Judge Nina Y. Wang on 03/05/2024. Text Only Entry (nywlc5, )
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| Filing 18 Unopposed MOTION to Amend/Correct/Modify to Amend Caption by Plaintiff Thomas A. Griffin. (Geissinger, Ginger) |
| Filing 17 Unopposed MOTION for Leave to Appear by Telephone at Scheduling Conference by Plaintiff Thomas A. Griffin. (Geissinger, Ginger) |
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Filing 16
MINUTE ORDER Due to a conflict on the Court's calendar, the Scheduling Conference set for 3/13/2024 at 11:45 AM is reset, TIME CHANGE ONLY, to 3/13/2024 at 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. ORDERED by Magistrate Judge Michael E. Hegarty on 3/1/2024. Text Only Entry. (cthom, )
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Filing 15
MINUTE ORDER: Defendant removed this case on February 7, 2024, invoking this Court's diversity jurisdiction under 28 U.S.C. 1332. [Doc. #1 at 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" that "name[s]--and identif[ies] the citizenship of--every individual or entity whose citizenship is attributed to that party or intervenor." 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). Defendant filed its Corporate Disclosure Statement alongside its Notice of Removal. See [Doc. #2 ]. Plaintiff has appeared in this action, [Doc. #14 ], but has not filed his disclosure statement. Accordingly, it is ORDERED that, on or before March 1, 2024, Plaintiff SHALL FILE a Rule 7.1 disclosure statement identifying his state citizenship. The Court notes that an individual's citizenship is based on domicile, not residence. Whitelock v. Leatherman, 460 F.2d 507, 514 (10th Cir. 1972). By Judge Nina Y. Wang on 02/23/2024. Text Only Entry (nywlc5, )
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| Filing 14 NOTICE of Entry of Appearance by Ginger V. Geissinger on behalf of Thomas A. GriffinAttorney Ginger V. Geissinger added to party Thomas A. Griffin(pty:pla) (Geissinger, Ginger) |
| Filing 13 CONSENT to Jurisdiction of Magistrate Judge by Defendant Auto-Owners Insurance Company All parties do not consent.. (Payne, Erica) |
| Filing 12 ANSWER to #4 Complaint Answer to First Amended Complaint and Jury Demand by Auto-Owners Insurance Company.(Pucelik, Mary) |
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Filing 11
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 2/8/2024. Proposed Scheduling Order due 3/6/2024 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 10 NOTICE of Entry of Appearance by Erica Olson Payne on behalf of Auto-Owners Insurance Company (Payne, Erica) |
| Filing 9 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #2 Corporate Disclosure Statement filed by attorney Erica Payne. 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) (blaws) |
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Filing 8
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 02/08/2024. Text Only Entry (nywlc5, )
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| Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (blaws) |
| Filing 6 Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (blaws) |
| Filing 5 RETURN of Service of First Amended Civil Complaint, Civil Case Cover Sheet, Summons upon Auto-Owners Insurance Company on 01/24/2024. (blaws) |
| Filing 4 STATE COURT FIRST AMENDED COMPLAINT and Jury Demand against Auto-Owners Insurance Company, filed by Thomas A. Griffin. (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. (Pucelik, Mary) |
| Filing 1 NOTICE OF REMOVAL by Auto-Owners Insurance Company from Jefferson County District Court, Case Number 2023CV031660. (Filing fee $ 405, Receipt Number BCODC-9531065), filed by Auto-Owners Insurance Company. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Supplemental Civil Cover Sheet Supplemental Civil Cover Sheet, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J)(Pucelik, Mary) |
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