Allstate Insurance Company v. Cruz et al
| Allstate Insurance Company |
| John Cruz and PIP Personal Identity Protection, LLC |
| 1:2024cv00933 |
| April 5, 2024 |
| U.S. District Court for the District of Colorado |
| Michael E Hegarty |
| Nina Y Wang |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 22, 2024. A more recent docket listing may be available from PACER.
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| Filing 54 CERTIFICATE of Mailing re #53 Minute Order. Mailed to John Cruz 4888 Preserve Place Firestone, CO 80504 (dgumb, ) |
Filing 53
MINUTE ORDER: Before the Court is Defendant John Cruz's Motion titled "Postpone Proposed Scheduling Order." ECF #48 . The Motion requests that the Court "reschedule proposed scheduling order... [until] after Cruz is served and allowed adequate time to respond." Id. at 3. However, later the same day that Defendant filed the Motion, the Court held a Scheduling Conference. Compare ECF #48 with ECF #50 . At the Conference, the Parties discussed the Scheduling Order at length, but Defendant did not ask to "postpone" it. See ECF #50 . Accordingly, after the Conference, the Court entered the Scheduling Order as agreed upon by the Parties during that Conference. ECF #52 . Thus, the Court finds moot Defendant's Motion. ECF #48 . Entered by Magistrate Judge Michael E. Hegarty on 6/3/2024.(dgumb, )
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| Filing 49 SUMMONS Returned Executed by Allstate Insurance Company. PIP Personal Identity Protection, LLC served on 5/16/2024, answer due 6/6/2024. (Attachments: #1 Exhibit A: Colorado Secretary of State Website, #2 Exhibit B: Affidavit of Non-Service, #3 Exhibit C: Proof of Mailing)(Humphrey, J.) |
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Filing 52
SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 5/30/2024. (cthom, )
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Filing 51
MINUTE ORDER Pursuant to #50 Courtroom Minutes Defendant John Cruz's answer deadline is extended to 7/1/2024. ORDERED by Magistrate Judge Michael E. Hegarty on 5/31/2024. Text Only Entry. (cthom, )
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| Filing 50 COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 5/30/2024. FTR: A501. (cthom, ) |
| Filing 48 Postpone Purposed Scheduling Order by Defendant John Cruz. (norlin, ) |
| Filing 46 CERTIFICATE of Mailing/Service re #45 Proposed Scheduling Order by Plaintiff Allstate Insurance Company. (Humphrey, J.) |
| Filing 45 Proposed Scheduling Order by Plaintiff Allstate Insurance Company. (Attachments: #1 Exhibit A - Email Chain, #2 Exhibit B - J. Cruz Email)(Humphrey, J.) |
| Filing 47 Proposed Scheduling Order by Defendant John Cruz. (norlin, ) |
| Filing 44 MEMORANDUM regarding #43 Renewed MOTION to Expedite Discovery filed by Allstate Insurance Company. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Nina Y. Wang on 05/28/2024. Text Only Entry (nywlc2, ) |
| Filing 43 Renewed MOTION to Expedite Discovery by Plaintiff Allstate Insurance Company. (Attachments: #1 Exhibit 1- May 23 E-mail, #2 Exhibit 2- Affidavit of Service, #3 Exhibit 3- Allstate's Proposed Expedited Discovery Requests)(Humphrey, J.) |
| Filing 42 SUMMONS Returned Executed by Allstate Insurance Company. John Cruz served on 5/21/2024, answer due 6/11/2024. (Humphrey, J.) |
| Filing 41 CERTIFICATE of Mailing re #40 Minute Order. Mailed to John Cruz 4888 Preserve Place Firestone, CO 80504. (dgumb, ) |
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Filing 40
MINUTE ORDER: The Court hereby grants Plaintiff's "Motion to Move Up Scheduling Conference" [ECF #37 ] for good cause shown as follows without awaiting a Response. ECF #37 . Plaintiff shall complete the substituted service of Defendant Cruz which the Court permitted at ECF #35 on or before May 23, 2024. Proposed Scheduling Order due on or before noon on 5/29/2024. Scheduling Conference reset for 5/30/2024 11:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. It is ORDERED that Plaintiff shall notify Defendants of the date and time of the Scheduling Conference as well as the deadlines set herein. Entered by Magistrate Judge Michael E. Hegarty on 5/20/2024.(dgumb, )
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| Filing 39 CERTIFICATE of Service by USPS by Clerk of Court re 38 Memorandum, to John Cruz 4888 Preserve Place Firestone, CO 80504. Text Only Entry (norlin, ) |
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Filing 38
MEMORANDUM regarding #37 MOTION for Hearing/Conference re #26 Minute Order, - Allstate's Motion to Move Up Scheduling Conference filed by Allstate Insurance Company. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Nina Y. Wang on 05/20/2024. Text Only Entry (nywlc5, )
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| Filing 37 MOTION for Hearing/Conference re #26 Minute Order, - Allstate's Motion to Move Up Scheduling Conference by Plaintiff Allstate Insurance Company. (Attachments: #1 Exhibit A - April 25, 2024 Email, #2 Exhibit B - May 17, 2024 Email)(Humphrey, J.) |
| Filing 36 CERTIFICATE of Mailing re #35 Minute Order. Mailed to John Cruz 4888 Preserve Place Firestone, CO 80504 (dgumb, ) |
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Filing 35
MINUTE ORDER: Plaintiff has filed a Motion for Substitute Service. ECF #32 . Thus, the Court grants the Motion. ECF #32 . Plaintiff is authorized to serve Defendant Cruz by substituted personal service of James Merson, Merson Law Office, 636 Coffman, Suite 200, Longmont, CO, 80501. Pursuant to Colo. R. Civ. P. 4(f)(2), Plaintiff shall also mail the process to Defendant Cruz's address on or before the date of delivery. Entered by Magistrate Judge Michael E. Hegarty on 5/14/2024.(dgumb, )
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| Filing 34 CERTIFICATE of Service by USPS by Clerk of Court re 33 Memorandum to John Cruz 4888 Preserve Place Firestone, CO 80504. Text Only Entry (norlin, ) |
| Filing 33 MEMORANDUM regarding #32 MOTION for Leave to Substitute Service filed by Allstate Insurance Company. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Nina Y. Wang on 05/10/2024. Text Only Entry (nywlc5, ) |
| Filing 32 MOTION for Leave to Substitute Service by Plaintiff Allstate Insurance Company. (Attachments: #1 Exhibit A - Cruz Non-Serve Affidavit, #2 Exhibit B - PIP Non-Serve Affidavit, #3 Exhibit C - April 23, 2024 Transcript)(Humphrey, J.) |
| Filing 31 TRANSCRIPT of Hearing on Motion for Temporary Restraining Order and Preliminary Injunction held on April 23, 2024 before Judge Nina Y. Wang. Pages: 1-38. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (jcopp, ) |
| Filing 30 CERTIFICATE of Service by USPS by Clerk of Court re #29 Order on Motion to Expedite,, Order on Motion for TRO,, Order on Motion for Preliminary Injunction, to John Cruz 4888 Preserve Place Firestone, CO 80504. Text Only Entry (norlin, ) |
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Filing 29
ORDER Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction [Doc. #8 ] is DENIED. Plaintiffs Motion for Expedited Discovery [Doc. #7 ] is DENIED without prejudice. By Judge Nina Y. Wang on 5/8/2024. [Order mailed as directed, see ECF 30](norlin, )
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| Filing 28 Supplemental Information to Hearing Dated April 23, 2024 by Defendant John Cruz (cmadr, ) |
| Filing 27 CERTIFICATE of Mailing re #26 Minute Order. Mailed to John Cruz 4888 Preserve Place Firestone, CO 80504 (dgumb, ) |
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Filing 26
MINUTE ORDER: On April 17, 2024, District Judge Daniel D. Domenico reassigned the above case to District Judge Nina Y. Wang and referred it to Chief Magistrate Judge Michael E. Hegarty. ECF 12 . Proposed Scheduling Order due 6/5/2024. Scheduling Conference set for 6/12/2024 11:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. Entered by Magistrate Judge Michael E. Hegarty on 4/24/2024. (dgumb, )
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| Filing 25 NOTICE of Entry of Appearance by Kathleen Watson Moss on behalf of Allstate Insurance CompanyAttorney Kathleen Watson Moss added to party Allstate Insurance Company(pty:pla) (Moss, Kathleen) |
| Filing 24 NOTICE of Entry of Appearance by Meghan K. Golden on behalf of Allstate Insurance CompanyAttorney Meghan K. Golden added to party Allstate Insurance Company(pty:pla) (Golden, Meghan) |
| Filing 23 CERTIFICATE of Service by Mail by Clerk of Court re #22 Courtroom Minutes to John Cruz, 4888 Preserve Place, Firestone, CO 80504. Text Only Entry (ebuch) |
| Filing 22 COURTROOM MINUTES for Hearing on Motion for a Temporary Restraining Order and Preliminary Injunction held before Judge Nina Y. Wang on 4/23/2024. Granting nunc pro tunc #6 Plaintiff's Motion for Leave to File a Motion in Excess of Fifteen Pages. Taking under advisement #7 Plaintiff's Motion for Expedited Discovery. Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction #8 is deemed argued, submitted, and taken under advisement. The Court will issue a written order and opinion as soon as possible. Court Reporter: Janet Coppock. (ebuch) |
| Filing 21 CERTIFICATE OF COMPLIANCE re 19 Order on Motion for Extension of Time to File Response/Reply,, by Plaintiff Allstate Insurance Company. (Attachments: #1 Exhibit A Email to Cruz)(Humphrey, J.) |
| Filing 20 CERTIFICATE of Service by USPS by Clerk of Court re 19 Order on Motion for Extension of Time to File Response/Reply, to John Cruz 4888 Preserve Place Firestone, CO 80504. Text Only Entry (norlin, ) |
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Filing 19
MINUTE ORDER: The #17 Defendants Motion to Extend Plaintiff Motion to a Temporary Restraining Order an [sic] Preliminary Injunction is DENIED to the extent it seeks to continue the April 23, 2024, hearing in this matter. However, to facilitate Mr. Cruz's participation in the hearing, the Court will sua sponte permit Mr. Cruz to appear at the hearing by telephone using the following dial-in information: 888-363-4749; Access Code: 5738976#. Additionally, it is ORDERED that, no later than end of day on April 22, 2024, Plaintiff Allstate Insurance Company shall notify Defendants at their last known means of contact of this Minute Order. By Judge Nina Y. Wang on 04/22/2024. Text Only Entry (nywlc5, )
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| Filing 18 RESPONSE to #17 MOTION for Extension of Time to File Response/Reply as to #8 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Plaintiff Allstate Insurance Company. (Humphrey, J.) |
| Filing 17 MOTION for Extension of Time to File Response/Reply as to #8 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by Defendant John Cruz. (cmadr, ) |
| Filing 16 CERTIFICATE OF COMPLIANCE with D. COLO. L. CIV. R. 65.1 re #1 Complaint, 15 Minute Order, by Plaintiff Allstate Insurance Company. (Attachments: #1 Exhibit A - 2024.04.06 E-mail, #2 Exhibit B - 2024.04.10 E-mail, #3 Exhibit C - 2024.04.12 E-mail, #4 Exhibit D - 2024.04.18 E-mail, #5 Exhibit E - 2024.04.18 E-mail Chain, #6 Exhibit F - 2024.04.19 Communications with Chambers, #7 Exhibit G - 2024.04.19 Email)(Humphrey, J.) |
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Filing 15
MINUTE ORDER: Considering that Defendants have yet to appear in this action, it is ORDERED that, no later than end of day on April 19, 2024, Plaintiff Allstate Insurance Company shall notify Defendants at their last known means of contact of the Court's April 18, 2024, Minute Order setting an expedited hearing on the #8 Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction. By Judge Nina Y. Wang on 04/19/2024. Text Only Entry (nywlc5, )
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Filing 13
MINUTE ORDER: This matter is before the Court on the #8 Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction. A hearing on the Motion is hereby SET for April 23, 2024, at 10:00 AM in Courtroom A 502 before Judge Nina Y. Wang. By Judge Nina Y. Wang on 04/18/2024. Text Only Entry (nywlc5, )
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Filing 14
CASE REASSIGNED. Pursuant to 12 Order, By Judge Daniel D. Domenico. This case is reassigned to Judge Nina Y. Wang. All future pleadings should be designated as 24-cv-933-NYW-MEH (Text Only Entry) (angar, )
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Filing 12
ORDER REASSIGNING CASE. Pursuant to Local Civil Rule 40.1(a) and the approval of the Chief Judge, the Clerk of Court is directed to reassign this case to Judge Nina Y. Wang as the presiding judge and Magistrate Judge Michael E. Hegarty as the referral judge. All future pleadings should be designated 1:24-cv-00933-NYW-MEH. SO ORDERED by Judge Daniel D. Domenico on 4/17/2024. Text Only Entry (dddlc1, )
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Filing 11
ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella. 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 Local Civ. R. 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, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, 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. SO ORDERED by Judge Daniel D. Domenico on 4/16/2024. Text Only Entry. (rkeec)
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| Filing 10 CASE REASSIGNED pursuant to #9 MINUTE Order Pursuant to Order or Memorandum. This case is randomly reassigned Judge Daniel D. Domenico. All future pleadings should be designated as 24-cv-00933-DDD. (Text Only Entry) (norlin, ) |
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Filing 9
MINUTE ORDER This matter is before the Court on Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction [#8] (the "Motion"). This case was assigned to a United States Magistrate Judge pursuant to D.C.COLO.LCivR 40.1(c). See [#4]. Although a signed Consent/Non-Consent Form has not yet been filed, Plaintiff has filed a motion seeking an injunction. See D.C.COLO.LCivR 40.1(c)(2)(a) (discussing assignment of cases in which a motion for injunctive relief has been filed). Accordingly, by Magistrate Judge Kathryn A. Starnella on 4/16/2024. IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). (norlin, )
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| Filing 8 MOTION for Temporary Restraining Order and, MOTION for Preliminary Injunction by Plaintiff Allstate Insurance Company. (Attachments: #1 Exhibit A - Affidavit of David Barge, #2 Information Sheet for Temporary Restraining Order, #3 Proposed Order (PDF Only))(Humphrey, J.) |
| Filing 7 First MOTION to Expedite Discovery by Plaintiff Allstate Insurance Company. (Attachments: #1 Exhibit 1 Cruzs April 3, 2024 Email to Allstate, #2 Exhibit 2 - Allstates Proposed Expedited Discovery Requests)(Humphrey, J.) |
| Filing 6 First MOTION for Leave to File a Motion in Excess of Fifteen Pages by Plaintiff Allstate Insurance Company. (Attachments: #1 Proposed Document Motion for a Temporary Restraining Order and Preliminary Injunction, #2 Proposed Document Exhibit A to TRO Affidavit of David Barge with Exhibits 1- 6, #3 Proposed Document Information for Temporary Restraining Order, #4 Proposed Document [Proposed] Order)(Humphrey, J.) |
| Filing 5 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (bcroc, ) |
| Filing 4 Case assigned to Magistrate Judge Kathryn A. Starnella. Text Only Entry (bcroc, ) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Allstate Insurance Holdings, LLC, Corporate Parent The Allstate Corporation for Allstate Insurance Company. (Humphrey, J.) |
| Filing 2 NOTICE of Entry of Appearance by J. Scott Humphrey on behalf of Allstate Insurance Company (Humphrey, J.) |
| Filing 1 COMPLAINT against John Cruz, PIP Personal Identity Protection, LLC (Filing fee $ 405,Receipt Number ACODC-9625114)Attorney J. Scott Humphrey added to party Allstate Insurance Company(pty:pla), filed by Allstate Insurance Company. (Attachments: #1 Summons to John Cruz, #2 Summons to PIP Personal Identity Protection LLC, #3 Civil Cover Sheet)(Humphrey, J.) |
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