De Luna et al v. Travelers Personal Insurance Co.
| Raul De Luna and Socorro Garcia |
| Travelers Personal Insurance Co. |
| 1:2024cv02792 |
| October 9, 2024 |
| US 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
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This docket was last retrieved on December 4, 2024. A more recent docket listing may be available from PACER.
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| Filing 20 NOTICE of Entry of Appearance of attorney Thomas Crowley by Thomas P. Crowley on behalf of All Plaintiffs Attorney Thomas P. Crowley added to party Raul De Luna(pty:pla), Attorney Thomas P. Crowley added to party Socorro Garcia(pty:pla) (Crowley, Thomas) |
Filing 19
MINUTE ORDER This matter is before the Court pursuant to conversation between Chambers and the parties. Pursuant to the request of the parties, the Scheduling Conference set for 12/3/2024 is VACATED and RESET for 1/14/2025 at 10:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The Parties' joint Proposed Scheduling Order is now due 1/7/2025. The Parties' 7.1 Citizenship Disclosures are now due 12/31/2024. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/25/2024. Text Only Entry (stvlc5, )
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Filing 18
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 11/14/2024. Text Only Entry (pabsec, )
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| Filing 17 STATEMENT re #13 Statement FED.R.CIV.P. 7.1 AMENDED CITIZENSHIP DISCLOSURE STATEMENT by Plaintiffs Raul De Luna, Socorro Garcia. (Testolin, Ellen) |
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Filing 16
MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/14/2024. Both plaintiffs' complaint and defendant's removal notice assert that plaintiffs are residents of Colorado. Docket No. #4 at 1; Docket No. #1 at 2. Plaintiffs' Citizenship Disclosure Statement states the same. Docket No. #13 at 1. 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 1, Federal Rule of Civil Procedure 7.1(a)(2)(A) 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. Defendant has already met the requirements of Rule 7.1. Docket No. #1 at 3. On or before November 21, 2024, plaintiffs Raul De Luna and Socorro Garcia shall file a disclosure statement in accordance with Rule 7.1 identifying their citizenship at the time this case was removed. Text Only Entry (pabsec, )
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| Filing 15 CASE REASSIGNED. All parties do not consent. Pursuant to #14 Consent to Jurisdiction of Magistrate Judge, case randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Scott T. Varholak n. All future pleadings should be designated as 24-cv-02792-PAB. (Text Only Entry) (sphil, ) |
| Filing 14 CONSENT to Jurisdiction of Magistrate Judge by Defendant Travelers Personal Insurance Co. All parties do not consent.. (Samberg, Amy) |
| Filing 13 STATEMENT FED.R.CIV.P. RULE 7.1 DISCLOSURE STATEMENT by Plaintiffs Raul De Luna, Socorro Garcia. (Testolin, Ellen) |
| Filing 12 TRAVELERS PERSONAL INSURANCE COMPANY'S ANSWER to #4 Complaint SEPARATE AND AFFIRMATIVE DEFENSES, AND JURY DEMAND by Travelers Personal Insurance Co..(Samberg, Amy) |
| Filing 11 NOTICE of Entry of Appearance by Ellen A. Testolin on behalf of All Plaintiffs Attorney Ellen A. Testolin added to party Raul De Luna(pty:pla), Attorney Ellen A. Testolin added to party Socorro Garcia(pty:pla) (Testolin, Ellen) |
| Filing 10 NOTICE of Entry of Appearance by Emily M. Vanderlaan on behalf of Travelers Personal Insurance Co.Attorney Emily M. Vanderlaan added to party Travelers Personal Insurance Co.(pty:dft) (Vanderlaan, Emily) |
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Filing 9
ORDER Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference by Magistrate Judge Scott T. Varholak on 10/10/2024. Consent Form due by 11/19/2024. Proposed Scheduling Order due 11/26/2024. Scheduling Conference set for 12/3/2024 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (sphil, )
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| Filing 8 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent The Travelers Companies, Inc., Corporate Parent The Standard Fire Insurance Company, Corporate Parent Travelers Property Casualty Corp., Corporate Parent Travelers Insurance Group Holdings, Inc. for Travelers Personal Insurance Co.. (Samberg, Amy) |
| Filing 7 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (efoga, ) |
| Filing 6 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (efoga, ) |
| Filing 5 AFFIDAVIT/RETURN of Service of District Court Civil Summons, District Court Civil (CV) Case Cover Sheet for Initial Pleading of Complaint and Jury Demand, Complaint and Jury Demand, and Exhibits upon Travelers Personal Insurance Company on 10/1/2024 (efoga, ) |
| Filing 4 COMPLAINT AND JURY DEMAND against Travelers Personal Insurance Co., filed by Raul De Luna, Socorro Garcia.(efoga, ) |
| Filing 3 ADMINISTRATIVE REMINDER to Filer. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a when filing a Notice of Removal. (Text only entry.) (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 Travelers Personal Insurance Co. from DISTRICT COURT, CITY AND COUNTY OF DENVER COLORADO, Case Number 2024CV032958. (Filing fee $ 405, Receipt Number ACODC-9922036), filed by Travelers Personal Insurance Co.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Civil Cover Sheet Federal Civil Cover Sheet)(Samberg, Amy) |
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