Mountain Creek Townhome Condominium Association v. American Family Mutual Insurance Company, S.I.
Plaintiff: Mountain Creek Townhome Condominium Association
Defendant: American Family Mutual Insurance Company, S.I.
Counter-Defendant: American Family Mutual Insurance Company, S.I. and Mountain Creek Townhome Condominium Association
Counter-Claimant: American Family Mutual Insurance Company, S.I.
Case Number: 1:2024cv02894
Filed: October 18, 2024
Court: U.S. District Court for the District of Colorado
Presiding Judge: Regina M Rodriguez
Referring Judge: Kathryn A Starnella
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Declaratory Judgment
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 12, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 12, 2024 Opinion or Order Filing 24 Minute ORDER by Magistrate Judge Kathryn A. Starnella on 12 December 2024. IT IS HEREBY ORDERED that the Unopposed Motion to Reset Scheduling #21 is GRANTED. The Scheduling Conference set for December 18, 2024, at 10:00 a.m. is VACATED and RESET to January 28, 2025,1 at 11:00 a.m. in Courtroom C-204 of the Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado. IT IS FURTHER ORDERED that, no later than January 21, 2025, the parties shall submit their proposed scheduling order.(cmadr, )
December 12, 2024 Opinion or Order Filing 23 ORDER REFERRING MOTION: #21 Unopposed MOTION to Reset Scheduling Conference filed by American Family Mutual Insurance Company, S.I. Motion referred to Magistrate Judge Kathryn A. Starnella by Judge Regina M. Rodriguez on 12/12/2024. Text Only Entry (rmrja)
December 12, 2024 Opinion or Order Filing 22 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 Regina M. Rodriguez on 12/12/2024. Text Only Entry (rmrja)
December 11, 2024 Filing 21 Unopposed MOTION to Reset Scheduling Conference by Defendant American Family Mutual Insurance Company, S.I.. (Eloranto, Sandy)
December 9, 2024 Filing 20 Defendant's Amended ANSWER/REPLY to #15 Answer to Complaint,, Counterclaim, , COUNTERCLAIM against American Family Mutual Insurance Company, S.I. by American Family Mutual Insurance Company, S.I.. (Attachments: #1 Exhibit 1 - policy, #2 Exhibit 2 - Oct 11 2022 letter, #3 Exhibit 3 - Aug 1 2023 denial letter, #4 Exhibit 4 - Aug 15 2023 letter, #5 Exhibit 5 - Sept 22 2023 letter, #6 Exhibit 6 - Appraisal Award, #7 Exhibit 7 - Umpire Estimate w award, #8 Exhibit 8 - Nov 11 2024 letter, #9 Exhibit 9 - Nov 11 2024 POL request)(Eloranto, Sandy)
December 9, 2024 Filing 19 NOTICE of Filing Amended Pleading by Defendant American Family Mutual Insurance Company, S.I. (Attachments: #1 Exhibit redlined pleading)(Eloranto, Sandy)
December 3, 2024 Opinion or Order Filing 18 Minute ORDER by Magistrate Judge Kathryn A. Starnella on 3 December 2024. This case was assigned to a United States Magistrate Judge pursuant to D.C.COLO.LCivR 40.1(c). The signed Consent/Non-Consent Form #16 indicates that at least one party has declined to consent. Accordingly, 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). Case randomly reassigned to Judge Regina M. Rodriguez for all further proceedings. All future pleadings shall be designated: 24-cv-02894-RMR. (cmadr, )
December 3, 2024 Filing 17 NOTICE of Entry of Appearance by Julian Angelo Ziaggi on behalf of Mountain Creek Townhome Condominium AssociationAttorney Julian Angelo Ziaggi added to party Mountain Creek Townhome Condominium Association(pty:pla), Attorney Julian Angelo Ziaggi added to party Mountain Creek Townhome Condominium Association(pty:cd) (Ziaggi, Julian)
December 3, 2024 Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Mountain Creek Townhome Condominium Association, Counter Defendant Mountain Creek Townhome Condominium Association All parties do not consent.. (Bukowski, Jonathan)
November 18, 2024 Filing 15 Defendant's ANSWER to #5 Complaint , COUNTERCLAIM against American Family Mutual Insurance Company, S.I. by American Family Mutual Insurance Company, S.I.. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4, #5 Attachment 5, #6 Attachment 6, #7 Attachment 7, #8 Attachment 8, #9 Attachment 9)(Eloranto, Sandy)
November 14, 2024 Opinion or Order Filing 14 PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kathryn A. Starnella on 14 November 2024. (cmadr, )
October 28, 2024 Opinion or Order Filing 13 ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kathryn A. Starnella on 28 October 2024. Proposed Scheduling Order due 12/11/2024. Scheduling Conference set for 12/18/2024 10:00 AM in Courtroom C204 before Magistrate Judge Kathryn A. Starnella. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document) (cmadr, )
October 28, 2024 Opinion or Order Filing 12 MINUTE ORDER. Pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form [#8] is December 4, 2024. by Magistrate Judge Kathryn A. Starnella on 10/28/2024. Text Only Entry (kaslc2, )
October 18, 2024 Opinion or Order Filing 11 Minute ORDER by Magistrate Judge Kathryn A. Starnella on 18 October 2024. IT IS HEREBY ORDERED that the Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint #10 is GRANTED. The deadline for Defendant to respond to the operative complaint is extended to November 18, 2024.(cmadr, )
October 18, 2024 Filing 10 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #5 Complaint by Defendant American Family Mutual Insurance Company, S.I.. (Eloranto, Sandy)
October 18, 2024 Filing 9 NOTICE of Entry of Appearance by Jonathan Edward Bukowski on behalf of Mountain Creek Townhome Condominium AssociationAttorney Jonathan Edward Bukowski added to party Mountain Creek Townhome Condominium Association(pty:pla) (Bukowski, Jonathan)
October 18, 2024 Filing 8 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (efoga, )
October 18, 2024 Filing 7 Case assigned to Magistrate Judge Kathryn A. Starnella. Text Only Entry (efoga, )
October 18, 2024 Filing 6 NOTICE of Entry of Appearance by Erica Olson Payne on behalf of American Family Mutual Insurance Company, S.I.Attorney Erica Olson Payne added to party American Family Mutual Insurance Company, S.I.(pty:dft) (Payne, Erica)
October 18, 2024 Filing 5 COMPLAINT AND JURY DEMAND against American Family Mutual Insurance Company, S.I., filed by Mountain Creek Townhome Condominium Association.(efoga, )
October 18, 2024 Filing 4 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, )
October 18, 2024 Filing 3 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, )
October 18, 2024 Filing 2 CORPORATE DISCLOSURE STATEMENT. (Eloranto, Sandy)
October 18, 2024 Filing 1 NOTICE OF REMOVAL by American Family Mutual Insurance Company, S.I. from Larimer County District Court, Case Number 2024cv30643. (Filing fee $ 405, Receipt Number ACODC-9939126), filed by American Family Mutual Insurance Company, S.I.. (Attachments: #1 Exhibit 1-Complaint, #2 Exhibit 2-CO SOS, #3 Exhibit 3-Civil Cover Sheet, #4 Exhibit 4-Waiver of Service, #5 Exhibit 5-Notice of Intent to Remove, #6 Exhibit 6-Register of Actions, #7 Exhibit 7-Civil Case Mgmt, #8 Exhibit 8-Delay Prevention Order, #9 Exhibit 9-Order re Waiver, #10 Exhibit 10-EOA, #11 Civil Cover Sheet)(Eloranto, Sandy)

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Defendant: American Family Mutual Insurance Company, S.I.
Represented By: Sandy Marie Eloranto
Represented By: Erica Olson Payne
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Plaintiff: Mountain Creek Townhome Condominium Association
Represented By: Jonathan Edward Bukowski
Represented By: Julian Angelo Ziaggi
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Counter-defendant: American Family Mutual Insurance Company, S.I.
Represented By: Sandy Marie Eloranto
Represented By: Erica Olson Payne
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Counter-defendant: Mountain Creek Townhome Condominium Association
Represented By: Julian Angelo Ziaggi
Represented By: Jonathan Edward Bukowski
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Counter-claimant: American Family Mutual Insurance Company, S.I.
Represented By: Sandy Marie Eloranto
Represented By: Erica Olson Payne
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