McKinney v. Liberty Mutual General Insurance Company
| Belinda McKinney |
| Liberty Mutual General Insurance Company |
| 1:2024cv00604 |
| March 5, 2024 |
| US District Court for the District of Colorado |
| Kathryn A Starnella |
| Nina Y Wang |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Declaratory Judgment |
| Defendant |
Docket Report
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Filing 10
ORDER REFERRING CASE: This case is referred to Magistrate Judge Kathryn A. Starnella 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 her 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 3/6/2024. Text Only Entry (nywlc6, )
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Filing 9
MINUTE ORDER: 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). Defendant has yet to file the disclosure statement required by Rule 7.1. Accordingly, it is ORDERED that on or before March 13, 2024, Defendant SHALL FILE its disclosure statement identifying its state of citizenship. Furthermore, Plaintiff, who has not yet entered her appearance, SHALL FILE her disclosure statement within seven days of her appearance in this case. By Judge Nina Y. Wang on 3/6/2024. Text Only Entry (nywlc6, )
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| Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (tgall, ) |
| Filing 7 AMENDED COMPLAINT for Damages and Declaratory Judgement against Liberty Mutual General Insurance Company, filed by Belinda McKinney.(tgall, ) |
| Filing 6 AFFIDAVIT of Service of Summons, Complaint For Damages and Declaratory Judgement, District Court Civil (CV) Case Cover Sheet for Initial Pleading of Complaint, Counterclaim, Cross-Claim, or Third Party Complaint and Jury Demand upon Liberty Mutual Insurance Company on 02/05/2024. (tgall, ) |
| Filing 5 COMPLAINT for Damages and Declaratory Judgement against Liberty Mutual Insurance Company, filed by Belinda McKinney.(tgall, ) |
| Filing 4 Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (tgall, ) |
| 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, ) |
| Filing 2 NOTICE by Defendant Liberty Mutual General Insurance Company (Attachments: #1 Exhibit Civil Case Cover Sheet - State Court Action, #2 Exhibit Complaint - State Court Action, #3 Exhibit Notice of Dismissal - Failure to Prosecute - State Court Action, #4 Exhibit Affidavit of Service - State Court Action, #5 Exhibit Proposed Order re Motion Requesting the Case Not Be Dismissed - State Court Action, #6 Exhibit Response to Notice of Dismissal for Failure to Prosecute and Motion Requesting the Case Not Be Dismissed - State Court Action, #7 Exhibit Proposed Order re Amended Response to Notice of Dismissal for Failure to Prosecute and Motion Requesting the Case Not Be Dismissed - State Court Action, #8 Exhibit Amended Response to Notice of Dismissal for Failure to Prosecute and Motion Requesting the Case Not Be Dismissed - State Court Action, #9 Exhibit Order re: Proposed Order re Motion Requesting the Case Not Be Dismissed - State Court Action, #10 Exhibit Order re: Proposed Order re Amended Response to Notice of Dismissal for Failure to Prosecute and Motion Requesting the Case Not Be Dismissed - State Court Action, #11 Exhibit Amended Complaint for Damages and Declaratory Judgment - State Court Action, #12 Exhibit Federal Court Notice of Removal - State Court Action, #13 Exhibit Notice of Removal - State Court Action)(Ross-Shannon, Bradley) |
| Filing 1 NOTICE OF REMOVAL by Liberty Mutual General Insurance Company from Mesa County District Court, Case Number 2023cv030490. (Filing fee $ 405, Receipt Number ACODC-9572864), filed by Liberty Mutual General Insurance Company. (Attachments: #1 Exhibit Exhibit A to Notice of Removal, #2 Exhibit Exhibit B to Notice of Removal, #3 Exhibit Exhibit C to Notice of Removal, #4 Exhibit Exhibit D to Notice of Removal)(Ross-Shannon, Bradley) |
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| Plaintiff: Belinda McKinney | |
| Represented By: | John Keith Killian |
| Represented By: | Joseph L. Fredenburg |
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| Defendant: Liberty Mutual General Insurance Company | |
| Represented By: | Bradley Ross-Shannon |
| Represented By: | Gregory F. Szydlowski |
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