Venzor v. Cauthon et al
| Oscar Ornelas Venzor |
| Mary Jane Cauthon and Butler Transport, Inc. |
| 1:2024cv02459 |
| September 6, 2024 |
| U.S. District Court for the District of Colorado |
| Daniel D Domenico |
| Susan Prose |
| Motor Vehicle |
| 28 U.S.C. § 0051 - Personal Injury |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 24, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 20 ANSWER to #1 Complaint, by Mary Jane Cauthon.(Ray, Daniel) |
Filing 19
MINUTE ORDER by Magistrate Judge Susan Prose on 12/16/2024. A Telephonic Status Conference in this matter is set for January 28, 2025, at 9:30 a.m. before Magistrate Judge Susan Prose. The parties shall attend by calling 571-353-2301, Guest meeting ID- 868150043. All attendees shall please mute their phone when not speaking and not use speaker phone. Text Only Entry (sjeff)
|
|
Filing 18
ORDER GRANTING #17 Defendant Mary Jane Cauthon's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant Mary Jane Cauthon must answer or otherwise respond to #1 Complaint on or before 12/24/2024. SO ORDERED by Judge Daniel D. Domenico on 12/11/2024. Text Only Entry (dddlc1, )
|
| Filing 17 First MOTION for Extension of Time to File Answer or Otherwise Respond by Defendant Mary Jane Cauthon. (Ray, Daniel) |
| Filing 16 NOTICE of Entry of Appearance by Daniel Wiley Ray on behalf of Mary Jane CauthonAttorney Daniel Wiley Ray added to party Mary Jane Cauthon(pty:dft) (Ray, Daniel) |
| Filing 15 First STATUS REPORT by Plaintiff Oscar Ornelas Venzor. (Fitzgerald, Cristin) |
| Filing 14 AFFIDAVIT of Service on Defendant Mary Jane Cauthon by Plaintiff Oscar Ornelas Venzor. (Attachments: #1 Exhibit Exhibit A - Return of Service on Defendant Mary Jane Cauthon)(Fitzgerald, Cristin) |
|
Filing 13
ORDER by Magistrate Judge Susan Prose on 11/8/2024. Plaintiff's #12 Response to the 11 Order to Show Cause appears to allege all facts necessary to support diversity jurisdiction. Accordingly, the Order to Show Cause is discharged. Text Only Entry (sbplc1)
|
|
Filing 12
RESPONSE to 11 Order,,,,,,,,, to Show Cause by Magistrate Judge Susan Prose on 10/25/2024 by Plaintiff Oscar Ornelas Venzor. (Fitzgerald, Cristin)
|
|
Filing 11
ORDER TO SHOW CAUSE by Magistrate Judge Susan Prose on 10/25/2024. Plaintiff filed his complaint in this court on 9/6/2024. The complaint does not include a jurisdictional section, a basis for jurisdiction (but brings claims only under state law), or a general allegation that damages exceed the jurisdictional minimum of $75,000. See 28 U.S.C. s. 1332(a). The complaint instead alleges only $72,000 of medical expenses at the time of filing. ECF No. 1 Paragraph 13.In the federal civil cover sheet, Plaintiff's counsel asserts diversity jurisdiction and damages exceeding $75,000. ECF No. 1-3. Defendant Butler Transport, Inc. does not challenge diversity jurisdiction. ECF Nos. 5 (answer), 6 (disclosure statement, providing state of incorporation). However, the court must ensure that it has subject matter jurisdiction, and at least in cases filed by counsel, the "information contained in [this courts civil cover sheet]... neither replace[s] nor supplement[s] the filing... of pleadings." ECF No. 1-3. By 11/8/2024, Plaintiff shall either file an amended complaint to allege the court's jurisdiction therein (instead of in just the cover sheet) or SHOW CAUSE why the court should not recommend requiring Plaintiff to do so. The court also notes that Defendant Mary Jane Cauthon, an employee of Butler Transport at the time of the accident at issue, has not yet been served or waived service. To assist this court in timely scheduling the case, the parties shall file a status report and a return or waiver of service on Ms. Cauthon by 11/25/2024. This is the same deadline by which another plaintiff apparently injured in the same accident (and represented by the same counsel as Mr. Venzor) must serve Ms. Cauthon in the removed case against the same Defendants, Ornelas v. Cauthon, et al., 24-cv-01888-KAS (D. Colo.). The court respectfully reminds Plaintiff that under Rule 4(m), any defendant who remains unserved 90 days after the complaint may be dismissed without prejudice, without further notice to Plaintiff.In the status report, the parties should also address whether any party plans to file a motion for consolidation with Case No. 24-cv-01888-KAS. Text Only Entry (sbplc1)
|
|
Filing 10
ORDER REFERRING CASE to Magistrate Judge Susan Prose. 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 10/18/2024. Text Only Entry. (rkeec)
|
| Filing 9 CASE REASSIGNED Pursuant to #8 Consent to Jurisdiction of Magistrate Judge. Case randomly reassigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Susan Prose. All parties do not consent. All future pleadings should be designated as 24-cv-02459-DDD. (Text Only Entry) (ccuen, ) |
| Filing 8 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Oscar Ornelas Venzor All parties do not consent.. (Fitzgerald, Cristin) |
| Filing 7 AFFIDAVIT of Service on Defendant Butler Transport, Inc. by Plaintiff Oscar Ornelas Venzor. (Fitzgerald, Cristin) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT. (Ray, Daniel) |
| Filing 5 ANSWER to #1 Complaint, Attorney Daniel Wiley Ray added to party Butler Transport, Inc.(pty:dft) by Butler Transport, Inc..(Ray, Daniel) |
| Filing 4 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (echa, ) |
| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons) (echa, ) |
| Filing 2 Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (echa, ) |
| Filing 1 COMPLAINT Civil Complaint against Butler Transport, Inc., Mary Jane Cauthon (Filing fee $ 405,Receipt Number ACODC-9860480)Attorney Cristin Fitzgerald added to party Oscar Ornelas Venzor(pty:pla), filed by Oscar Ornelas Venzor. (Attachments: #1 Summons Summons in Civil Action - Mary Jane Cauthon, #2 Summons Summons in Civil Action - Butler Transport, Inc, #3 Civil Cover Sheet Civil Cover Sheet)(Fitzgerald, Cristin) |
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.
