Cummings et al v. State Farm Fire and Casualty Insurance Company
| Glen T Cummings and Evanna A Dowis |
| State Farm Fire and Casualty Insurance Company |
| 1:2024cv00740 |
| March 18, 2024 |
| U.S. District Court for the District of Colorado |
| Philip A Brimmer |
| Kathryn A Starnella |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on May 7, 2024. A more recent docket listing may be available from PACER.
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Filing 17
PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kathryn A. Starnella on 7 May 2024. (cmadr, )
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Filing 16
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kathryn A. Starnella on 9 April 2024. Proposed Scheduling Order due 5/23/2024. Scheduling Conference set for 5/30/2024 10:30 AM in Courtroom C204 before Magistrate Judge Kathryn A. Starnella. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document, #3 Continuation of Main Document) (cmadr, )
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| Filing 15 NOTICE re #1 Notice of Removal, State Court Register of Actions by Defendant State Farm Fire and Casualty Insurance Company (Hearing, Gregory) |
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Filing 14
ORDER REFERRING CASE 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, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or 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, by Chief Judge Philip A. Brimmer on 3/26/2024. Text Only Entry (pabsec, )
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| Filing 13 STATEMENT Plaintiffs' Diversity Disclosure Statement by Plaintiffs Glen T Cummings, Evanna A Dowis. (Goodrich, Katherine) |
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Filing 12
MINUTE ORDER by Chief Judge Philip A. Brimmer on 3/26/2024. On March 18, 2024, the Court ordered plaintiffs to file a 7.1 citizenship disclosure on or before March 22, 2024. See Docket No. 10 . No disclosure has been filed. Plaintiffs shall file their 7.1 citizenship disclosure on or before March 28, 2024. Text Only Entry (pabsec, )
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| Filing 11 ANSWER to #3 Complaint by State Farm Fire and Casualty Insurance Company.(Hearing, Gregory) |
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Filing 10
MINUTE ORDER by Chief Judge Philip A. Brimmer on 3/18/2024. The Notice of Removal asserts that plaintiffs are a Colorado citizens, citing the complaint for support. Docket No. #1 at 2, 7. The complaint alleges that plaintiffs are "residents" of Colorado. Docket No. #3 at 3, 7. Residency, however, is not the equivalent of citizenship. Whitelock v. Leatherman, 460 F.2d 507, 514 (10th Cir. 1972) ("allegations of mere residence may not be equated with 'citizenship' for the purposes of establishing diversity."). Based on defendant's representation that the Court has diversity jurisdiction pursuant to 28 U.S.C. 1332, Docket No. #1 at 2, 1, Federal Rule of Civil Procedure 7.1(a)(2) requires that each party file a disclosure of its citizenship. Rule 7.1, as amended in December 2022, states that, "[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... when the action is filed in or removed to federal court." Fed. R. Civ. P. 7.1(a)(2). "For purposes of federal diversity jurisdiction, an individual's state citizenship is equivalent to domicile." Smith v. Cummings, 445 F.3d 1254, 1259 (10th Cir. 2006). "To establish domicile in a particular state, a person must be physically present in the state and intend to remain there." Id. at 1260. On or before March 22, 2024, plaintiffs Glen Cummings and Evanna Dowis shall file a disclosure statement in accordance with Rule 7.1 identifying their citizenship at the time of removal. Text Only Entry (pabsec, )
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| Filing 9 NOTICE of Entry of Appearance by Rodney J. Monheit on behalf of Glen T Cummings, Evanna A DowisAttorney Rodney J. Monheit added to party Glen T Cummings(pty:pla), Attorney Rodney J. Monheit added to party Evanna A Dowis(pty:pla) (Monheit, Rodney) |
| Filing 8 NOTICE of Entry of Appearance by Katherine Elizabeth Goodrich on behalf of Glen T Cummings, Evanna A DowisAttorney Katherine Elizabeth Goodrich added to party Glen T Cummings(pty:pla), Attorney Katherine Elizabeth Goodrich added to party Evanna A Dowis(pty:pla) (Goodrich, Katherine) |
| Filing 7 NOTICE of Entry of Appearance by Abigail H Kregor on behalf of State Farm Fire and Casualty Insurance CompanyAttorney Abigail H Kregor added to party State Farm Fire and Casualty Insurance Company(pty:dft) (Kregor, Abigail) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT. (Hearing, Gregory) |
| Filing 5 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (efoga, ) |
| Filing 4 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry (efoga, ) |
| Filing 3 COMPLAINT AND JURY DEMAND against State Farm Fire and Casualty Insurance Company, filed by Glen T Cummings, Evanna A Dowis.(efoga, ) |
| 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) (efoga, ) |
| Filing 1 NOTICE OF REMOVAL by State Farm Fire and Casualty Company from Boulder District Court, Case Number 2024CV30020. (Filing fee $ 405, Receipt Number ACODC-9591832), filed by State Farm Fire and Casualty Company. (Attachments: #1 Exhibit A - State Court Complaint & Jury Demand, #2 Exhibit B - Waiver of Service, #3 Exhibit C - SOS Report, #4 Exhibit D - State Court Civil Cover Sheet, #5 Civil Cover Sheet Federal Court Civil Cover Sheet)(Hearing, Gregory) |
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