Sanborn et al v. Crestbrook Insurance Company
Darla Sanborn and Mark Sanborn |
Crestbrook Insurance Company |
1:2024cv01614 |
June 10, 2024 |
US District Court for the District of Colorado |
Philip A Brimmer |
Susan Prose |
Insurance |
28 U.S.C. ยง 1332 Diversity-Breach of Contract |
Both |
Docket Report
This docket was last retrieved on July 23, 2024. A more recent docket listing may be available from PACER.
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Filing 16 Crestbrook Insurance Company's ANSWER to #1 Complaint,, by Crestbrook Insurance Company.(Harless, Sage) |
Filing 15 ORDER by Magistrate Judge Susan Prose on 07/18/2024, granting #13 Stipulated Motion for Extension of Time to Answer or Otherwise Respond to Complaint. Crestbrook Insurance Company answer due 7/23/2024. Text Only Entry (sbplct2) |
Filing 14 MEMORANDUM regarding #13 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint filed by Crestbrook Insurance Company. Motion referred to Magistrate Judge Susan Prose, by Chief Judge Philip A. Brimmer on 7/16/2024. Text Only Entry (pabsec, ) |
Filing 13 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Defendant Crestbrook Insurance Company. (Harless, Sage) |
Filing 12 ORDER by Magistrate Judge Susan Prose on 07/09/2024, granting #10 Unopposed Motion for Extension of Time to Answer or Otherwise Respond to the Complaint. The parties have stipulated to a 7-day extension of time for Crestbrook Insurance Company to respond to the complaint. Answer due 7/16/2024.Text Only Entry(sbplct2) |
Filing 11 MEMORANDUM regarding #10 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint filed by Crestbrook Insurance Company. Motion referred to Magistrate Judge Susan Prose, by Chief Judge Philip A. Brimmer on 7/08/2024. Text Only Entry (pabsec, ) |
Filing 10 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint by Defendant Crestbrook Insurance Company. (Harless, Sage) |
Filing 9 SUMMONS Returned Executed by Mark Sanborn, Darla Sanborn. Crestbrook Insurance Company served on 6/18/2024, answer due 7/9/2024. (Holbrooks, Charles) |
Filing 8 NOTICE of Entry of Appearance of Sage E. Harless by Sage E. Harless on behalf of Crestbrook Insurance CompanyAttorney Sage E. Harless added to party Crestbrook Insurance Company(pty:dft) (Harless, Sage) |
Filing 7 NOTICE of Entry of Appearance of Katelyn S. Werner by Katelyn Shea Werner on behalf of Crestbrook Insurance CompanyAttorney Katelyn Shea Werner added to party Crestbrook Insurance Company(pty:dft) (Werner, Katelyn) |
Filing 6 ORDER REFERRING CASE to Magistrate Judge Susan Prose 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 6/12/2024. Text Only Entry (pabsec, ) |
Filing 5 STATEMENT Plaintiffs' Diversity Disclosure Statement by Plaintiffs Darla Sanborn, Mark Sanborn. (Holbrooks, Charles) |
Filing 4 MINUTE ORDER by Chief Judge Philip A. Brimmer on June 11, 2024. The complaint states that plaintiffs Mark Sanborn and Darla Sanborn are Colorado residents "with a principal address of 9241 Rockport Lane, Highland Ranch, Colorado 80126." Docket No. #1 at 12. The complaint asserts that the Court has diversity jurisdiction over this action pursuant to 28 U.S.C. 1332. Id. at 2. 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 plaintiffs' representation that the Court has diversity jurisdiction, Docket No. #1 at 2, 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)(A). "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 June 18, 2024, plaintiffs Mark Sanborn and Darla Sanborn shall file a disclosure statement in accordance with Rule 7.1 identifying their citizenship at the time the complaint was filed. Text Only Entry (pabsec, ) |
Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (efoga, ) |
Filing 2 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Susan Prose. Text Only Entry (efoga, ) |
Filing 1 COMPLAINT against Crestbrook Insurance Company (Filing fee $ 405,Receipt Number ACODC-9725051)Attorney Charles B. Holbrooks, III added to party Darla Sanborn(pty:pla), Attorney Charles B. Holbrooks, III added to party Mark Sanborn(pty:pla), filed by Mark Sanborn, Darla Sanborn. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5, #8 Exhibit Exhibit 6, #9 Exhibit Exhibit 7, #10 Exhibit Exhibit 8, #11 Exhibit Exhibit 9, #12 Exhibit Exhibit 10)(Holbrooks, Charles) |
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