Fowler et al v. Allstate Vehicle and Property Insurance Company
| Michael Colton Fowler and Jessica Arras |
| Allstate Vehicle and Property Insurance Company |
| 1:2024cv01184 |
| April 29, 2024 |
| U.S. District Court for the District of Colorado |
| Philip A Brimmer |
| Scott T Varholak |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 24, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 17
ORDER granting Plaintiffs' #15 Unopposed Motion to Reset Scheduling Conference. For good cause shown, the Scheduling Conference set for 7/16/2024 is VACATED and RESET for 7/31/2024 at 10:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The joint proposed scheduling order is now due 7/24/2024. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/24/2024. Text Only Entry(stvlc5, )
|
| Filing 16 MEMORANDUM regarding #15 Unopposed MOTION to Reset Scheduling Conference filed by Jessica Arras, Michael Colton Fowler. Motions referred to Magistrate Judge Scott T. Varholak by Chief Judge Philip A. Brimmer on 05/24/2024. Text Only Entry |
| Filing 15 Unopposed MOTION to Reset Scheduling Conference by Plaintiffs Jessica Arras, Michael Colton Fowler. (Attachments: #1 Proposed Order)(McGinnis, Patrick) |
| Filing 14 Defendant's ANSWER to #3 Complaint and Jury Demand by Allstate Vehicle and Property Insurance Company.(Zouski, Justin) |
|
Filing 13
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 5/7/2024. Joint Proposed Scheduling Order due 7/9/2024. Scheduling Conference set for 7/16/2024 02:15 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (schap, )
|
|
Filing 12
ORDER REFERRING CASE 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, (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 5/07/2024. Text Only Entry (pabsec, )
|
| Filing 11 CERTIFICATE of Interested Parties by Plaintiffs Jessica Arras, Michael Colton Fowler. (McGinnis, Patrick) |
| Filing 10 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #7 Notice of Entry of Appearance, filed by attorney Patrick Connell McGinnis. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (dgumb, ) |
|
Filing 9
MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/30/2024. The Notice of Removal asserts that plaintiffs are Colorado citizens, citing the complaint. Docket No. #1 at 1, 4, 14. The complaint, however, alleges that plaintiffs "are individuals who reside in Weld County." Docket No. #3 at 1, 14. Residency 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 4, 14, 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 individuals 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 May 6, 2024, plaintiffs Michael Fowler and Jessica Arras shall file a disclosure statement in accordance with Rule 7.1 identifying their citizenship at the time of removal. Text Only Entry (pabsec, )
|
| Filing 8 NOTICE of Entry of Appearance of Chad T. Wilson as Co-Lead Counsel of Record for Plaintiffs by Chad Troy Wilson on behalf of Jessica Arras, Michael Colton FowlerAttorney Chad Troy Wilson added to party Jessica Arras(pty:pla), Attorney Chad Troy Wilson added to party Michael Colton Fowler(pty:pla) (Wilson, Chad) |
| Filing 7 NOTICE of Entry of Appearance of Patrick C. McGinnis as Co-Lead Counsel of Record for Plaintiffs by Patrick Connell McGinnis on behalf of Jessica Arras, Michael Colton FowlerAttorney Patrick Connell McGinnis added to party Jessica Arras(pty:pla), Attorney Patrick Connell McGinnis added to party Michael Colton Fowler(pty:pla) (McGinnis, Patrick) |
| Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (efoga, ) |
| Filing 5 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (efoga, ) |
| Filing 4 AFFIDAVIT/RETURN of Service of Plaintiff's Original Complaint and Jury Demand with Citation Attached upon Allstate Vehicle and Property Insurance Company on 4/9/2024 (efoga, ) |
| Filing 3 COMPLAINT AND JURY DEMAND against Allstate Vehicle and Property Insurance Company, filed by Jessica Arras, Michael Colton Fowler.(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 Allstate Vehicle and Property Insurance Company from Weld County District Court, Case Number 2024CV30213. (Filing fee $ 405, Receipt Number ACODC-9661171), filed by Allstate Vehicle and Property Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Zouski, Justin) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Colorado District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
