Infinity Roofing & Siding, LLC v. USAA General Indemnity Company
| Infinity Roofing & Siding, LLC |
| USAA General Indemnity Company |
| 1:2025cv01853 |
| June 13, 2025 |
| U.S. District Court for the District of Colorado |
| S Kato Crews |
| Susan Prose |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on December 8, 2025. A more recent docket listing may be available from PACER.
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Filing 29
ORDER granting #28 Motion for Extension of Time to File Response/Reply. For good cause, Defendant is granted an extension of up to and including December 18, 2025 to respond to Plaintiff's Motion to Remand. By Judge S. Kato Crews on 12/18/2025. Text Only Entry(skcja, )
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| Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Remand due to a lack of subject matter jurisdiction by Defendant USAA General Indemnity Company. (Speckhals, Jeremy) |
| Filing 27 MOTION to Remand due to a lack of subject matter jurisdiction by Plaintiff Infinity Roofing & Siding, LLC. (Attachments: #1 Exhibit Ex 1 Affidavit, #2 Exhibit Ex 2 Formation Docs)(Godbey, Aaron) |
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Filing 26
ORDER regarding #25 Joint Status Report by Magistrate Judge Susan Prose on November 3, 2025. Consistent with the court's September 11, 2025 Order to Supplement (ECF No. 14) and the September 17, 2025 Order granting an extension (ECF No. 15), and to facilitate resolution of subject-matter jurisdiction, Plaintiff shall, on or before November 19, 2025, file the referenced affidavit detailing the ownership structure and identifying the citizenship of each member through all layers of entities, and an amended Fed. R. Civ. P. 7.1(a)(2) disclosure naming every person or entity whose citizenship is attributed to Plaintiff. Within seven (7) days after Plaintiff's filing, Defendant may file a notice identifying any claimed deficiencies. Text Only Entry. (sbplc9, )
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| Filing 25 Joint STATUS REPORT related to diversity jurisdiction by Plaintiff Infinity Roofing & Siding, LLC. (Godbey, Aaron) |
| Filing 24 COURTROOM MINUTES for Scheduling Conference held on 10/15/2025 before Magistrate Judge Susan Prose. Scheduling Order is NOT entered. For the reasons stated on the record, it is ORDERED:On or before October 29, 2025, the parties shall file a joint Status Report apprising the court as to the results of their conferral and whether a renewed Motion to Remand is anticipated. FTR: A 502. (sjeff) |
| Filing 23 Proposed Scheduling Order Joint by Plaintiff Infinity Roofing & Siding, LLC. (Godbey, Aaron) |
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Filing 22
ORDER This matter is before the Court on #21 Motion to Remand. The Motion is denied without prejudice for failure to contain a conferral statement. After proper conferral, the Motion may be re-filed with inclusion of a conferral statement. By Judge S. Kato Crews on 10/7/2025. Text Only Entry(skcja, )
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| Filing 21 First MOTION to Remand to State Court as Michael Cannon is a member of the parent company and is a citizen of the State of Texas, additionally the Defendant USAA is also a citizen of Texas by Plaintiff Infinity Roofing & Siding, LLC. (Godbey, Aaron) |
| Filing 20 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent MICHAEL Cannon for Infinity Roofing & Siding, LLC. (Godbey, Aaron) |
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Filing 19
ORDER REFERRING CASE to Magistrate Judge Susan Prose 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, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. 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. Alternatively, the Magistrate Judge, at their discretion, may 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. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Standing Order and Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge S. Kato Crews on 9/24/2025. Text Only Entry (skcja, )
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| Filing 18 CASE REASSIGNED Pursuant to #17 Consent to Jurisdiction of Magistrate Judge. Case randomly reassigned to Judge S. Kato Crews and drawn to Magistrate Judge Susan Prose. All parties do not consent. All future pleadings should be designated as 25-cv-01853-SKC. (Text Only Entry) (ccuen, ) |
| Filing 17 CONSENT to Jurisdiction of Magistrate Judge by Defendant USAA General Indemnity Company All parties do not consent.. (Kafer, Kelly) |
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Filing 16
ORDER GRANTING #15 Plaintiff's Motion for Extension of Deadline by Magistrate Judge Susan Prose on September 17, 2025. For good cause shown--namely, Plaintiff's ongoing efforts to trace a multi-layer ownership chain and to verify the ultimate members citizenship with O2 Investment Partners--and because the request was filed before the current deadline, the Motion is GRANTED. Fed. R. Civ. P. 6(b)(1)(A). Consistent with the courts September 11, 2025, Order to Supplement [ECF No. 14], Plaintiff shall submit an amended Rule 7.1 disclosure identifying the citizenship of every person or entity whose citizenship is attributed to Plaintiff, tracing through any unincorporated entities as necessary, by October 16, 2025. The court notes the motion does not include a conferral statement as required by D.C.COLO.LCivR 7.1(a); counsel are reminded that future motions must comply with LCivR 7.1(a) and include a conferral certification, and noncompliant motions may be summarily stricken. Text Only Entry. (sbplc9, )
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| Filing 15 First MOTION for Extension of Time to investigate and file an amended 7.1 disclsoure by Plaintiff Infinity Roofing & Siding, LLC. (Godbey, Aaron) |
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Filing 14
ORDER TO SUPPLEMENT by Magistrate Judge Susan Prose on September 11, 2025. For purposes of diversity jurisdiction, the citizenship of a limited liability company or an unincorporated trust is determined by the citizenship of all of its members. Siloam Springs Hotel, LLC v. Century Sur. Co., 781 F.3d 1233, 1237-38 (10th Cir. 2015); see Americold Realty Trust v. Conagra Foods, Inc., 577 U.S. 378, 379 (2016). And "if any member of an unincorporated entity is itself an unincorporated entity, then the plaintiff must identify that unincorporated entity's members and those members' citizenship, tracing through however many layers necessary to reach either a corporation or a natural person." ADA Carbon Sols. (Red River), LLC v. Atlas Carbon, LLC, 146 F.4th 1296, 1304 (10th Cir. 2025) (quoting Choice Hospice, Inc. v. Axxess Tech. Sols., Inc., 125 F.4th 1000, 1009 (10th Cir. 2025)). Accordingly, on or before September 18, 2025, Plaintiff shall submit an amended disclosure statement pursuant to Fed. R. Civ. P. Rule 7.1 that names and identifies the citizenship of every individual or entity whose citizenship is attributed to Plaintiff with sufficient factual allegations to allow the court to satisfy itself as to its own jurisdiction. Text Only Entry (sbplc8)
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Filing 13
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Susan Prose on 09/10/2025. Consent form due September 24, 2025. Proposed scheduling order (including a copy in Word format to # [email protected]) due October 8, 2025. The Fed. R. Civ. P. 16(b) Scheduling Conference shall be held on October 15, 2025, at 11:00 a.m. Parties wishing to attend in person may appear in Courtroom A-502, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Parties are permitted to attend telephonically by calling 571-353-2301, Guest meeting ID- 868150043. Any telephonic attendees are requested to mute their phone when not speaking, as well as avoid speakerphone and Bluetooth connections. (sjeff)
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| Filing 12 CORPORATE DISCLOSURE STATEMENT. (Speckhals, Jeremy) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Infinity Roofing Acquisition, LLC for Infinity Roofing & Siding, LLC. (Godbey, Aaron) |
| Filing 10 ANSWER to #4 Complaint by USAA General Indemnity Company.(Kafer, Kelly) |
| Filing 9 NOTICE of Entry of Appearance by Aaron Lee Godbey on behalf of All Plaintiffs Attorney Aaron Lee Godbey added to party Infinity Roofing & Siding, LLC(pty:pla) (Godbey, Aaron) |
| 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. (echa, ) |
| Filing 7 Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (echa, ) |
| Filing 6 STATE COURT ORDER GRANTING Unopposed Motion for Extension of Time to Respond to Complaint by District Court Judge Thomas Willard Henderson IV on 5/30/2025. (echa, ) |
| Filing 5 RETURN of Service of Complaint, Civil Case Cover Sheet, Summons, Delay Reduction Order, Case Managment Matters upon USAA General Indemnity Company on 5/15/2025. (echa, ) |
| Filing 4 COMPLAINT against USAA General Indemnity Company, filed by Infinity Roofing & Siding, LLC.(echa, ) |
| 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) (echa, ) |
| 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.) (echa, ) |
| Filing 1 NOTICE OF REMOVAL by USAA General Indemnity Company from District Court, Arapahoe County, State of Colorado, Case Number 2025CV30957. (Filing fee $ 405, Receipt Number ACODC-10391796), filed by USAA General Indemnity Company. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N)(Kafer, Kelly) |
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| Plaintiff: Infinity Roofing & Siding, LLC | |
| Represented By: | Aaron Lee Godbey |
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| Defendant: USAA General Indemnity Company | |
| Represented By: | Kelly L. Kafer |
| Represented By: | Jeremy Robert Speckhals |
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