Birge v. State Farm Mutual Automobile Insurance Company
| Stephanie Birge |
| State Farm Mutual Automobile Insurance Company |
| 1:2024cv03439 |
| December 11, 2024 |
| U.S. District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Philip A Brimmer |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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| Filing 16 Proposed Scheduling Order by Defendant State Farm Mutual Automobile Insurance Company. (Salg, Heather) |
Filing 15
ORDER SETTING INITIAL CASE DEADLINES. Proposed Scheduling Order due 2/5/2025. By Magistrate Judge Maritza Dominguez Braswell on 1/9/2025. (evaug)
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Filing 14
ORDER REFERRING CASE to Magistrate Judge Maritza Dominguez Braswell 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 1/07/2025. Text Only Entry (pabsec, )
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| Filing 13 NOTICE Plaintiff's Disclosure of Citizenship by Plaintiff Stephanie Birge (Unger, Dylan) |
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Filing 12
MINUTE ORDER by Chief Judge Philip A. Brimmer on 12/19/2024. The Notice of Removal asserts that plaintiff is a Colorado citizen, citing the complaint. Docket No. #1 at 23. The complaint, however, states that plaintiff is a "resident" of Colorado. Docket No. #4 at 1. 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 defendant's representation that the Court has diversity jurisdiction pursuant to 28 U.S.C. 1332, Docket No. #1 at 2-4, 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 December 26, 2024, plaintiff Stephanie Birge shall file a disclosure statement in accordance with Rule 7.1 identifying her citizenship at the time of removal. (dgumb, )
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| Filing 11 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #9 Answer to Complaint filed by attorney Heather A. Salg. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, address signature to all future documents.(Text Only Entry) (dgumb, ) |
| Filing 10 CONSENT to Jurisdiction of Magistrate Judge by Defendant State Farm Mutual Automobile Insurance Company All parties do not consent.. (Salg, Heather) |
| Filing 9 ANSWER to #4 Complaint by State Farm Mutual Automobile Insurance Company.(Salg, Heather) |
| Filing 8 SUMMONS Returned Executed by Stephanie Birge. State Farm Mutual Automobile Insurance Company served on 12/13/2024, answer due 1/3/2025. (Attachments: #1 Exhibit Affidavit of Service to State Farm Mutual Automobile Insurance Company)(Unger, Dylan) |
| Filing 7 NOTICE of Entry of Appearance by Dylan Cooper Unger on behalf of Stephanie BirgeAttorney Dylan Cooper Unger added to party Stephanie Birge(pty:pla) (Unger, Dylan) |
| Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (efoga, ) |
| Filing 5 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry (efoga, ) |
| Filing 4 COMPLAINT against State Farm Mutual Automobile Insurance Company, filed by Stephanie Birge.(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 State Farm Mutual Automobile Insurance Company from El Paso County, Case Number 2024cv32185. (Filing fee $ 405, Receipt Number ACODC-10032794), filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit Exhibit A - Complaint, #2 Exhibit Exhibit B - Cover Sheet, #3 Exhibit Exhibit C - Notice of Removal, #4 Exhibit Exhibit D - Secretary of State Summary, #5 Exhibit Exhibit E - Nursing License, #6 Exhibit Exhibit F - Register of Actions)(Salg, Heather) |
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| Defendant: State Farm Mutual Automobile Insurance Company | |
| Represented By: | Heather A. Salg |
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| Plaintiff: Stephanie Birge | |
| Represented By: | Dylan Cooper Unger |
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