McDaniel v. USAA Casualty Insurance Company
Plaintiff: Katherine McDaniel
Defendant: USAA Casualty Insurance Company
Case Number: 1:2024cv00480
Filed: February 20, 2024
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. § 1332 Diversity-Breach of Contract
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on April 3, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 3, 2024 Opinion or Order Filing 22 SCHEDULING ORDER entered by Magistrate Judge Scott T. Varholak on 4/3/2024. (cpear)
April 3, 2024 Filing 21 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Scott T. Varholak: Scheduling Conference held on 4/3/2024. Joinder of Parties/Amendment of Pleadings due by 6/19/2024. Designation of Affirmative Experts due by 10/30/2024. Designation of Rebuttal Experts due by 12/4/2024. Discovery due by 12/30/2024. Dispositive Motions due by 1/30/2025. FTR: Courtroom A-402. (cpear)
March 27, 2024 Filing 20 Proposed Scheduling Order / Joint Scheduling Order by Defendant USAA Casualty Insurance Company. (Bressler, Jon)
March 27, 2024 Filing 19 CONSENT to Jurisdiction of Magistrate Judge by Defendant USAA Casualty Insurance Company All parties do not consent.. (Bressler, Jon)
March 18, 2024 Filing 18 NOTICE of Entry of Appearance of Jon D. Bressler by Jon D. Bressler on behalf of USAA Casualty Insurance CompanyAttorney Jon D. Bressler added to party USAA Casualty Insurance Company(pty:dft) (Bressler, Jon)
March 13, 2024 Filing 17 ANSWER to #5 Complaint and Jury Demand by USAA Casualty Insurance Company.(Moseley, Jeremy)
March 5, 2024 Filing 16 NOTICE of Filing of State Court Docket Sheet by Defendant USAA Casualty Insurance Company (Attachments: #1 State Court - Docket Sheet)(Moseley, Jeremy)
February 28, 2024 Filing 15 KATHERINE MCDANIEL'S DISCLOSURE STATEMENT by Plaintiff Katherine McDaniel. (Wright, Nathanael) Modified on 2/28/2024 to change title and remove gavel (norlin, ).
February 28, 2024 ***Motions terminated: #15 First MOTION to Supplement Katherine McDaniel's Disclosure Statement filed by Katherine McDaniel. The filed document is not a Motion and has been Terminated. Additionally, the document title has been changed to reflect the filed document. (norlin, )
February 22, 2024 Filing 14 Utility Setting/Resetting Deadlines/Hearings: Proposed Scheduling Order due 3/27/2024. Text Only Entry. (jrobe, )
February 22, 2024 Opinion or Order Filing 13 ORDER SETTING SCHEDULING CONFERENCE. IT IS ORDERED: 1. Pursuant to Fed. R. Civ. P. 16(b) and Local Civil Rule 16.1, the Court shall hold a scheduling conference on: April 3, 2024 at 10:00 AM in Courtroom A-402, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. At least 21 days in advance of the scheduling conference, the parties shall meet and attempt to agree upon a scheduling order pursuant to Fed. R. Civ. P. 26(f).On or before March 27, 2024, the parties shall file a joint proposed scheduling order in the form required pursuant to D.C.COLO.LCivR 16.2.Because this matter is proceeding on the basis of diversity jurisdiction, each party shall ensure that the citizenship disclosure statement required by Fed. R. Civ. P. 7.1(a)(2) has been filed on or before February 28, 2024. By Magistrate Judge Scott T. Varholak on 02/22/2024. (jrobe, )
February 21, 2024 Filing 12 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent United States Automobile Association for USAA Casualty Insurance Company. (Moseley, Jeremy)
February 21, 2024 Opinion or Order Filing 11 MINUTE ORDER: Defendant removed this case to federal court under 28 U.S.C. 1332. 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). The Court notes that while Defendant purported to file a #2 Corporate Disclosure Statement, the Disclosure Statement fails to comply with Rule 7.1 because it does not identify its state(s) of citizenship. Accordingly, it is ORDERED that, on or before 2/28/2024, both Parties shall file a disclosure statement that properly identifies each Party's state(s) of citizenship. By Judge Nina Y. Wang on 02/21/2024. Text Only Entry (nywlc2, )
February 21, 2024 Opinion or Order Filing 10 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 02/21/2024. Text Only Entry (nywlc2, )
February 21, 2024 Filing 9 NOTICE of Entry of Appearance by Nathanael Lynne Wright on behalf of Katherine McDanielAttorney Nathanael Lynne Wright added to party Katherine McDaniel(pty:pla) (Wright, Nathanael)
February 20, 2024 Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (tgall, )
February 20, 2024 Filing 7 STATE COURT ORDER Granted re: USAA CIC'S Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint. By Arturo G Hernandez, District Court Judge, Adams County, on 02/08/2024. (tgall, )
February 20, 2024 Filing 6 AFFIDAVIT of Service of Summons - USAA, Civil Case Cover Sheet, and Complaint and Jury Demand upon USAA Casualty Insurance Company on 01/22/2024. (tgall, )
February 20, 2024 Filing 5 COMPLAINT AND JURY DEMAND against USAA Casualty Insurance Company, filed by Katherine McDaniel.(tgall, )
February 20, 2024 Filing 4 Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (tgall, )
February 20, 2024 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). (tgall, )
February 20, 2024 Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent United Services Automobile Association for USAA Casualty Insurance Company. (Moseley, Jeremy)
February 20, 2024 Filing 1 NOTICE OF REMOVAL by USAA Casualty Insurance Company from Adams County District Court, Case Number 2024cv030052. (Filing fee $ 405, Receipt Number ACODC-9548001), filed by USAA Casualty Insurance Company. (Attachments: #1 Exhibit A - Certificate of Fact of Good Standing, #2 Exhibit B - State Court - Notice of Filing Notice of Removal, #3 State Court - Complaint and Jury Demand, #4 State Court - District Court Civil Case Cover Sheet, #5 State Court - Summons - USAA Casualty Insurance Company, #6 State Court - Affidavit of Service - USAA CIC, #7 State Court - Order Granting USAA CIC's Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint, #8 Civil Cover Sheet)(Moseley, Jeremy)

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Plaintiff: Katherine McDaniel
Represented By: Nathanael Lynne Wright
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Defendant: USAA Casualty Insurance Company
Represented By: Jeremy A. Moseley
Represented By: Jon D. Bressler
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