Colorado Truckwashing, LLC v. Auto-Owners Insurance Company
| Colorado Truckwashing, LLC a Colorado Limited Liability Company doing business as Eco Truck Wash |
| Auto-Owners Insurance Company |
| 1:2025cv00180 |
| January 17, 2025 |
| U.S. District Court for the District of Colorado |
| Susan Prose |
| Regina M Rodriguez |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on March 11, 2025. A more recent docket listing may be available from PACER.
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Filing 21
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Susan Prose on 03/11/2025. Proposed scheduling order (including a copy in Word format to # Prose_Chambers@cod.uscourts.gov) due April 2, 2025. The Fed. R. Civ. P. 16(b) Scheduling Conference shall be held telephonically on April 9, 2025, at 11:00 a.m., in Courtroom A-502, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. 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. (sjeff)
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| Filing 20 CORPORATE DISCLOSURE STATEMENT. (Trost, Timothy) |
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Filing 19
ORDER by Magistrate Judge Susan Prose on 2/19/2025. For purposes of diversity jurisdiction, the citizenship of a limited liability company or an unincorporated trust is determined, not by its state of organization or principal place of business, but by the citizenship of all of its members. E.g., Siloam Springs Hotel, LLC v. Century Sur. Co., 781 F.3d 1233, 1237-38 (10th Cir. 2015); see also Americold Realty Trust v. Conagra Foods, Inc., 577 U.S. 378, 379 (2016). Colorado Truckwashing, LLC shall file a supplemented corporate disclosure statement by 2/24/2025 that lists the states that its members are citizens of. Text Only Entry (sbplc4)
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Filing 18
ORDER GRANTING #15 Motion to Withdraw as Attorney by Magistrate Judge Susan Prose on 2/19/2025. Attorney Claire Y. Lee-Hsu is no longer counsel for Auto-Owners Insurance Company and the clerk's office is requested to remove Ms. Lee-Hsu from the ECF distribution list for the case. Auto-Owners Insurance Company continues to be represented by attorney Adam Patrick O'Brien, who shall serve a copy of the Motion and this Order to their client. See D.C.COLO.LAttyR 5.1(b). Text Only Entry (sbplc4)
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| Filing 17 CONSENT to Jurisdiction of Magistrate Judge by Defendant Auto-Owners Insurance Company All parties do not consent.. (O'Brien, Adam) |
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Filing 16
ORDER REFERRING MOTION: #15 MOTION to Withdraw as Attorney of record filed by Auto-Owners Insurance Company. Motion referred to Magistrate Judge Susan Prose by Judge Regina M. Rodriguez on 2/18/2025. Text Only Entry (rmrja)
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| Filing 15 MOTION to Withdraw as Attorney of record by Defendant Auto-Owners Insurance Company. (Lee-Hsu, Claire) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT. (Trost, Timothy) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT. (O'Brien, Adam) |
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Filing 12
ORDER by Magistrate Judge Susan Prose on 2/13/2025. The parties shall file a corporate disclosure statement within three (3) business days, stating all information required by Federal Rule of Civil Procedure 7.1 for this court to determine whether it has diversity jurisdiction. Text Only Entry (sbplc4)
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| Filing 11 NOTICE of Entry of Appearance by Timothy N. Trost on behalf of All Plaintiffs Attorney Timothy N. Trost added to party Colorado Truckwashing, LLC(pty:pla) (Trost, Timothy) |
| Filing 10 ANSWER to #4 Complaint and Jury Demand by Auto-Owners Insurance Company.(O'Brien, Adam) |
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Filing 9
ORDER REFERRING CASE to Magistrate Judge Susan B. 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 Regina M. Rodriguez on 1/17/2025. Text Only Entry (rmrja)
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| Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agryan) |
| Filing 7 Case assigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Susan Prose. Text Only Entry. (agryan) |
| Filing 6 STATE COURT ORDER Granting Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint and Jury Demand by Denver County District Court Judge Andrew J Luxen on 01/08/2025. (agryan) |
| Filing 5 AFFIDAVIT of Service of District Court Civil Summons, District Court Civil (CV) Case Cover Sheet for Initial Pleading of Complaint, Counterclaim, Cross-claim or Third Party Complaint and Jury Demand, Complaint and Jury Demand, Exhibits upon Auto-Owners Insurance Company on 12/18/2025.(agryan) |
| Filing 4 COMPLAINT AND JURY DEMAND against Auto-Owners Insurance Company, filed by Colorado Truckwashing, LLC.(agryan) |
| 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) (agryan) |
| Filing 2 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 1 NOTICE OF REMOVAL by Auto-Owners Insurance Company from Denver County District Court, Case Number 2024CV33871. (Filing fee $ 405, Receipt Number ACODC-10097893), filed by Auto-Owners Insurance Company. (Attachments: #1 Exhibit Ex. A to Notice of Removal - Summons, #2 Exhibit Ex. B to Notice of Removal - Complaint, #3 Exhibit Ex. C to Notice of Removal - Affidavit of Service, #4 Exhibit Ex. D to Notice of Removal - Plaintiff Certificate of Good Standing, #5 Exhibit Ex. E to Notice of Removal - Periodic Report, #6 Exhibit Ex. F to Notice of Removal - Articles of Organization, #7 Exhibit Ex. G to Notice of Removal - Colorado Truckwashing LLC - SOS, #8 Exhibit Ex. H to Notice of Removal - Certificate of Good Standing_Auto Owners, #9 Exhibit Ex. I to Notice of Removal - Articles of Incorporation_Auto Owners, #10 Exhibit Ex. J to Notice of Removal - Corporate Disclosure Statement, #11 Exhibit Ex. K to Notice of Removal - State Court Docket, #12 Exhibit Ex. L to Notice of Removal - DELAY REDUCTION ORDER, #13 Exhibit Ex. M to Notice of Removal - PRE-TRIAL ORDER AND DISCOVERY PROTOCOL, #14 Exhibit Ex. N to Notice of Removal - WEBEX PROCEDURES - DENVER DISTRICT COURT Courtroom 414, #15 Exhibit Ex. O to Notice of Removal - Motion for Extension of Time, #16 Exhibit Ex. P to Notice of Removal - Order Granting DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT AND JURY DEMAND, #17 Civil Cover Sheet, #18 Supplemental Civil Cover Sheet)(O'Brien, Adam) |
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| Plaintiff: Colorado Truckwashing, LLC a Colorado Limited Liability Company doing business as Eco Truck Wash | |
| Represented By: | Timothy N. Trost |
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| Defendant: Auto-Owners Insurance Company | |
| Represented By: | Adam Patrick O'Brien |
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