Hazell v. Mitchell et al
| William H. Hazell, III |
| Fire Insurance Exchange, Farmers New World Life Insurance Company, Gabe Snyder, Truck Insurance Exchange, Farmers Insurance Group Federal Credit Union doing business as FIGFCU, Jack (I) Jameson, Raul (I) Vargas, Farmers Insurance Company, Jack Jameson, Gabe (I) Snyder, William (I) Ryan Mitchell, Farmers Insurance Exchange, Raul Vargas, William Ryan Mitchell, Mid-Century Insurance Company and Farmers Insurance Federal Credit Union |
| 1:2024cv03253 |
| November 22, 2024 |
| U.S. District Court for the District of Colorado |
| Susan Prose |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 12181 American With Disabilities Act (ADA) |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 51 MOTION to Dismiss for Failure to State a Claim by Defendants William (I) Ryan Mitchell, William Ryan Mitchell. (Zavaglia, Robert) |
| Filing 50 CERTIFICATE of Mailing by USPS by Clerk of Court re 49 Order,,,, to William H. Hazell, III at 805 Summer Hawk Drive Z155 Longmont, CO 80504. Text Only Entry. (echa, ) |
Filing 49
ORDER by Magistrate Judge Susan Prose on 1/10/2025. Sua sponte, the court notes that Defendant Mr. Mitchell's answer or other response to the complaint was due 12/4/2024 per ECF 10. Mr. Mitchell's lawyer has entered an appearance, but it does not appear that Mr. Mitchell has answered or moved to dismiss the complaint. According to Plaintiff's return of service (ECF No. 38), Defendant Mr. Jameson's answer was due 1/2/2025, and he has not entered an appearance. No return of service has been filed as to Defendant Mr. Vargas. Plaintiff shall file either a motion for entry of default as to Mr. Mitchell and Mr. Jameson, and a return of service on Mr. Vargas or a status report as to how he intends to proceed with respect to those Defendants, by 1/31/2025. Plaintiff shall please take note that pursuant to Federal Rule of Civil Procedure 4(m), he must complete all service of process on Defendants within 90 days of the date the case was removed to this court, or 2/20/2025. Unless Plaintiff shows good cause in a motion for extension of that deadline, the court may recommend dismissal of any Defendant who remains unserved by that date, without further notice to Plaintiff. Text Only Entry (sbplc1)
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| Filing 48 NOTICE of Change of Address/Contact Information by Robert James Zavaglia, Jr (Zavaglia, Robert) |
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Filing 47
ORDER by Magistrate Judge Susan Prose on 12/30/2024. The Clerk's office is requested to re-send the orders ECF Nos. 29, 36, and 44 to the pro se Plaintiff, adding his Unit Z155 to the mailing address. Text Only Entry (sbplc1)
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| Filing 46 Mail Returned as Undeliverable re: 31 Certificate of Service, 29 Order on Motion to Withdraw as Attorney,, Addressed to William H. Hazell, III. (echa, ) |
| Filing 45 CERTIFICATE of Mailing by USPS by Clerk of Court re 44 Order on Motion for Order, to William H. Hazell, III at 805 Summer Hawk Drive Longmont, CO 80504. Text Only Entry. (agryan) |
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Filing 44
ORDER by Magistrate Judge Susan Prose on 12/23/2024, finding as moot Plaintiff's #39 Motion to Withdraw his consent #34 to magistrate judge jurisdiction. Withdrawing the document is unnecessary, as this court does not consider one party's consent to magistrate judge jurisdiction until all parties have submitted the form. Text Only Entry (sbplc1)
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| Filing 43 MOTION to Quash Service of Process by Defendants Gabe Snyder, Gabe (I) Snyder. (Palmer, Harper) |
| Filing 42 NOTICE of Entry of Appearance by Harper E. Palmer on behalf of Gabe Snyder, Gabe (I) SnyderAttorney Harper E. Palmer added to party Gabe Snyder(pty:dft), Attorney Harper E. Palmer added to party Gabe (I) Snyder(pty:dft) (Palmer, Harper) |
| Filing 41 NOTICE of Entry of Appearance by James R. Holland, II on behalf of Gabe Snyder, Gabe (I) SnyderAttorney James R. Holland, II added to party Gabe Snyder(pty:dft), Attorney James R. Holland, II added to party Gabe (I) Snyder(pty:dft) (Holland, James) |
| Filing 40 NOTICE of Entry of Appearance by Hillary Ryan Ross on behalf of Gabe Snyder, Gabe (I) SnyderAttorney Hillary Ryan Ross added to party Gabe Snyder(pty:dft) (Ross, Hillary) |
| Filing 39 MOTION to Withdraw Filed Election Form of Consent, by Plaintiff William H. Hazell, III. (ccuen, ) |
| Filing 38 SUMMONS Returned Executed by William H. Hazell, III. Jack Jameson served on 12/11/2024, answer due 1/2/2025; Gabe Snyder served on 12/2/2024, answer due 12/23/2024. Pursuant to ECF 36 Order. (ccuen, ) Modified to add link on 12/18/2024 (ccuen, ). |
| Filing 37 CERTIFICATE of Mailing by USPS by Clerk of Court re 36 Order on Motion to Amend/Correct/Modify,, to William H. Hazell, III 805 Summer Hawk Drive Longmont, CO 80504. Text Only Entry. (echa, ) |
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Filing 36
ORDER by Magistrate Judge Susan Prose on 12/18/2024, denying Plaintiff's #35 Motion to Amend Complaint without prejudice. Plaintiff must certify good faith efforts to confer before filing the motion (see Local Rule 7.1), and he must attach a redlined version of a proposed amended complaint (see Local Rule 15.1), that would supersede the original and therefore must contain all information that Plaintiff intends for an operative complaint. The Clerk's office is requested to detach and refile the returns of service that Plaintiff attached as Exhibits B and C to this motion. Text Only Entry (sbplc1)
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| Filing 35 Plaintiff's Motion to Amend the Original Complaint by Plaintiff William H. Hazell, III. (amona, ) |
| Filing 34 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff William H. Hazell, III All parties consent. (echa, ) |
| Filing 33 NOTICE of Entry of Appearance by Hillary Ryan Ross on behalf of Farmers Insurance Exchange, Farmers Insurance Company, Fire Insurance Exchange, Farmers New World Life Insurance Company, Farmers Insurance Federal Credit Union, Farmers Insurance Group Federal Credit UnionAttorney Hillary Ryan Ross added to party Farmers Insurance Company(pty:dft), Attorney Hillary Ryan Ross added to party Farmers Insurance Federal Credit Union(pty:dft), Attorney Hillary Ryan Ross added to party Farmers Insurance Group Federal Credit Union(pty:dft) (Ross, Hillary) |
| Filing 32 NOTICE of Entry of Appearance by Harper E. Palmer on behalf of Farmers Insurance Federal Credit Union, Farmers Insurance Group Federal Credit UnionAttorney Harper E. Palmer added to party Farmers Insurance Federal Credit Union(pty:dft), Attorney Harper E. Palmer added to party Farmers Insurance Group Federal Credit Union(pty:dft) (Palmer, Harper) |
| Filing 31 CERTIFICATE of Mailing by USPS by Clerk of Court re 29 Order on Motion to Withdraw as Attorney,, to William H. Hazell, III at 805 Summer Hawk Drive Longmont, CO 80504. Text Only Entry (agryan) |
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Filing 29
ORDER by Magistrate Judge Susan Prose on 12/16/2024, granting #25 Motion for Ms. Simon to Withdraw as Attorney. Attorney A. Lysa Simon is terminated as counsel of record for Farmers Insurance FCU, who continues to be represented by Mr. Holland. However, Attorneys Harper Palmer and Hillary Ross must either enter separate entries of appearance on their own s/signatures, or sign and file another paper on behalf of the client. See D.C.COLO.LAttyR 5.1(a)(1). Joining in a paper signed by another attorney is not sufficient to enter an appearance. Text Only Entry (sbplc1)
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| Filing 28 NOTICE re #27 Brief in Support of Motion, #25 Joint MOTION to Withdraw as Attorney and Entry of Appearance of Substituted Counsel, #26 MOTION to Dismiss Corrected Certificate of Service by Defendants Farmers Insurance Exchange, Truck Insurance Exchange, Farmers Insurance Company, Fire Insurance Exchange, Mid-Century Insurance Company, Farmers New World Life Insurance Company, Farmers Insurance Federal Credit Union, Farmers Insurance Group Federal Credit Union (Holland, James) |
| Filing 27 BRIEF in Support of #26 MOTION to Dismiss filed by Defendants Farmers Insurance Exchange, Truck Insurance Exchange, Farmers Insurance Company, Fire Insurance Exchange, Mid-Century Insurance Company, Farmers New World Life Insurance Company, Farmers Insurance Federal Credit Union, Farmers Insurance Group Federal Credit Union. (Attachments: #1 Exhibit A - Agency Appointment Agreement)(Holland, James) |
| Filing 26 MOTION to Dismiss by Defendants Farmers Insurance Exchange, Truck Insurance Exchange, Farmers Insurance Company, Fire Insurance Exchange, Mid-Century Insurance Company, Farmers New World Life Insurance Company, Farmers Insurance Federal Credit Union, Farmers Insurance Group Federal Credit Union. (Holland, James) |
| Filing 25 Joint MOTION to Withdraw as Attorney and Entry of Appearance of Substituted Counsel by Defendants Farmers Insurance Federal Credit Union, Farmers Insurance Group Federal Credit Union. (Holland, James) |
| Filing 24 CERTIFICATE of Mailing by USPS by Clerk of Court re #8 Affidavit/Return of Service, #10 State Court Order, #6 Complaint, 13 Case Assigned to Judge, #7 State Court Order, 23 Order,,,, #11 State Court Order, #9 Affidavit/Return of Service, #14 Magistrate Judge, #12 State Court Order, 23 Order to William H. Hazell, III at 805 Summer Hawk Drive, Unit Z155, Longmont, CO 80504. Text Only Entry (echa, ) Modified to add order on 12/6/2024 (echa, ). |
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Filing 23
ORDER by Magistrate Judge Susan Prose on 12/6/2024, re: #22 Mail to Plaintiff William H. Hazell, III, Returned as Undeliverable for an insufficient address. It appears that consistent with Plaintiff's complaint, the removing Defendant omitted the unit number identified in most of Plaintiff's other state court filings. As a courtesy, the Clerk's office is requested to re-mail the documents that were returned in ECF No. 22 to: William H. Hazell, III, 805 Summer Hawk Drive, Unit Z155, Longmont, CO 80504. As a courtesy, this court is also sending this order to Plaintiff's email address identified in many of his filings: [email protected]. To receive electronic service going forward, Plaintiff would need to apply for pro se e-filing. See http://www.cod.uscourts.gov/RepresentingYourself/ProSeE-FilingInstructions.aspx Going forward, Plaintiff is responsible for keeping his contact information current with this court. See Local Rule 5.1(c). Text Only Entry (sbplc1)
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| Filing 22 Mail Returned as Undeliverable re: #8 Affidavit/Return of Service, #10 State Court Order, #6 Complaint, 13 Case Assigned to Judge, #7 State Court Order, #11 State Court Order, #9 Affidavit/Return of Service, #14 Magistrate Judge, #12 State Court Order Addressed to William H. Hazell III. (agryan) |
| Filing 21 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES. re: #18 Notice of Entry of Appearance filed by attorney A Lysa Simon. 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) (ccuen, ) |
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Filing 20
ORDER by Magistrate Judge Susan Prose on 11/26/2024, granting the unopposed #15 Motion for Extension of Time to File. Defendants Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, Farmers New World Life, and Farmers Insurance Group Federal Credit Union have to and including 12/16/2024 in which to answer or otherwise respond to the complaint. Text Only Entry (sbplc1)
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| Filing 19 CERTIFICATE of Mailing/Service by Farmers Insurance Federal Credit Union of Notice of Appearance and Corporate Disclosure Statement by Defendant Farmers Insurance Federal Credit Union. (Simon, A Lysa) |
| Filing 18 NOTICE of Entry of Appearance of Farmers insurance Federal Credit Union by A Lysa Simon on behalf of Farmers Insurance Federal Credit Union (Simon, A Lysa) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT. (Simon, A Lysa) |
| Filing 16 NOTICE of Entry of Appearance by Robert James Zavaglia, Jr on behalf of William Ryan MitchellAttorney Robert James Zavaglia, Jr added to party William Ryan Mitchell(pty:dft) (Zavaglia, Robert) |
| Filing 15 Unopposed MOTION for Extension of Time to Respond to Plaintiff's Complaint by Defendants Farmers Insurance Exchange, Truck Insurance Exchange, Farmers Insurance Company, Fire Insurance Exchange, Mid-Century Insurance Company, Farmers New World Life Insurance Company. (Holland, James) |
| Filing 14 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (agryan) |
| Filing 13 Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (agryan) |
| Filing 12 STATE COURT ORDER Denying Motion For Preservation Of Evidence by Boulder County District Court Judge Michael Thomas Kotlarczyk. (agryan) |
| Filing 11 STATE COURT ORDER Denying Motion For Production Of Documents by Boulder County District Court Judge Michael Thomas Kotlarczyk. (agryan) |
| Filing 10 STATE COURT ORDER Granting Defendant William Ryan Mitchell's Motion For Extension To Answer Or Otherwise Respond to Plaintiff's Complaint by Boulder County District Court Judge Michael Thomas Kotlarczyk. (agryan) |
| Filing 9 RETURN of Service of District Court Civil Case Cover Sheet, Complaint and Jury Demand upon Farmers Insurance Company on 10/24/2024. (agryan) |
| Filing 8 CERTIFIED STATEMENT of Service of District Court Civil Summons, District Court Civil Case Cover Sheet, Complaint and Jury Demand upon William Ryan Mitchell on 10/23/2024. (agryan) |
| Filing 7 STATE COURT ORDER Finding William H Hazel III Not Eligible to Proceed. Party Is Responsible For Payment Of The Filing Fees by Boulder County District Court Judge Bruce Langer. (agryan) |
| Filing 6 COMPLAINT AND JURY DEMAND against Farmers Insurance Company, Farmers Insurance Exchange, Farmers Insurance Group Federal Credit Union, Farmers New World Life Insurance Company, Fire Insurance Exchange, Jack Jameson, Jack (I) Jameson, Mid-Century Insurance Company, William Ryan Mitchell, William (I) Ryan Mitchell, Gabe Snyder, Gabe (I) Snyder, Truck Insurance Exchange, Raul Vargas, Raul (I) Vargas, filed by William H. Hazell, III.(agryan) |
| Filing 5 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.) (agryan) |
| Filing 4 NOTICE of Entry of Appearance by James R. Holland, II on behalf of Farmers Insurance Exchange, Truck Insurance Exchange, Farmers Insurance Company, Fire Insurance Exchange, Mid-Century Insurance Company, Farmers New World Life Insurance CompanyAttorney James R. Holland, II added to party Farmers Insurance Exchange(pty:dft), Attorney James R. Holland, II added to party Truck Insurance Exchange(pty:dft), Attorney James R. Holland, II added to party Farmers Insurance Company(pty:dft), Attorney James R. Holland, II added to party Fire Insurance Exchange(pty:dft), Attorney James R. Holland, II added to party Mid-Century Insurance Company(pty:dft), Attorney James R. Holland, II added to party Farmers New World Life Insurance Company(pty:dft) (Holland, James) |
| Filing 3 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #1 Notice of Removal,,,,,, filed by attorney James R. Holland, II. Attorney has failed to comply with D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil Cases). The s/signature did not match the filers name on the account for which the login and password are registered. Each attorney must file a Notice of Entry of Appearance using his own log in and password. Failure in the future to follow these procedures may lead to mandatory CM/ECF training or action by the court. (Text Only Entry) (agryan) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Holland, James) |
| Filing 1 NOTICE OF REMOVAL by Fire Insurance Exchange, Truck Insurance Exchange, Farmers Insurance Exchange, Mid-Century Insurance Company, Farmers New World Life Insurance Company from District Court for Boulder County Colorado, Case Number 2024CV96. (Filing fee $ 405, Receipt Number ACODC-10000729), filed by Fire Insurance Exchange, Truck Insurance Exchange, Farmers Insurance Exchange, Mid-Century Insurance Company, Farmers New World Life Insurance Company. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Civil Case Cover Sheet, #3 Exhibit C - Finding and Order Concerning Payment of Fees, #4 Exhibit D - Summons William Ryan Mitchell, #5 Exhibit E - Summons Jack Jameson, #6 Exhibit F - Summons Farmers Insurance Company, #7 Exhibit G - Summons Farmers Federal Credit Union, #8 Exhibit H - Motion for Extension to Answer or Otherwise Respond to Plaintiff's Complaint, #9 Exhibit I - Order re Motion for Extension to ANswer or Otherwise Respond to Plaintiff's Complaint, #10 Exhibit J - Motion for Production of Documents, #11 Exhibit K - Motion for Preservation of Evidence, #12 Exhibit L - Return of Service Mitchell, #13 Exhibit M - Return of Service Farmers, #14 Exhibit N - Emails, #15 Exhibit O - Mailing Receipts, #16 Exhibit P - Order re Motion for Extension to Answer or Otherwise Respond to Plaintiff's Complaint, #17 Exhibit Q - Order Motion for Production of Documents, #18 Exhibit R - Order Motion for Preservation of Evidence, #19 Exhibit S - Register of Actions, #20 Civil Cover Sheet Civil Cover Sheet)(Holland, James) |
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