Kumar et al v. State Auto Insurance Companies et al
| Mithilesh Kumar and Pallavi Kumar |
| State Auto Insurance Companies |
| 1:2025cv01907 |
| June 18, 2025 |
| U.S. District Court for the District of Colorado |
| Regina M Rodriguez |
| Scott T Varholak |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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Filing 27
ORDER for Dismissal With Prejudice. The Court, upon review of the file in this action and the Joint Stipulation for Dismissal With Prejudice #26 filed by the parties, and pursuant to Fed.R.Civ.P. 41(a)(1), hereby finds and orders as follows: It is hereby ordered that this action is dismissed with prejudice. It is further ordered that each party shall pay its, his or her own attorneys' fees and costs incurred in this action. SO ORDERED by Judge Regina M. Rodriguez on 10/06/2025. (agryan)
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| Filing 26 STIPULATION of Dismissal of Case by Defendant State Auto Insurance Companies. (Spano, Brian) |
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Filing 25
ORDER: In light of the #23 Notice of Settlement, the parties are ORDERED to file appropriate dismissal documents NO LATER THAN 10/6/2025. SO ORDERED by Judge Regina M. Rodriguez on 9/5/2025. Text Only Entry (rmrja)
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Filing 24
MINUTE ORDER In light of #23 Notice of Settlement, the Court VACATES the Scheduling Conference set for 9/11/2025 and accompanying deadlines. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/5/2025. Text Only Entry (stvlc6, )
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| Filing 23 NOTICE of Settlement by Defendant State Auto Insurance Companies (Spano, Brian) |
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Filing 22
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. 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 8/28/2025. Text Only Entry (rmrja)
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| Filing 21 CASE REASSIGNED. Pursuant to #20 Consent to Jurisdiction of Magistrate Judge, all parties do not consent. Case randomly reassigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 25-cv-01907-RMR. (Text Only Entry) (sphil, ) |
| Filing 20 CONSENT to Jurisdiction of Magistrate Judge by Defendant State Auto Insurance Companies All parties do not consent.. (Spano, Brian) |
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Filing 19
MINUTE ORDER: This matter is before the Court on the #18 Notice of Dismissal of Defendant Great American Insurance Group, wherein Plaintiffs seek the dismissal of Defendant Great American Insurance Group. It is well-settled in the Tenth Circuit that "[a]lthough Rule 41(a)(1)(A) refers to dismissal of the 'action,' the rule permits the dismissal of fewer than all parties so long as all claims against a particular party are dismissed." Kristina Consulting Grp., LLC v. Debt Pay Gateway, Inc., No. 21-5022, 2022 WL 881575, at *2 n.4 (10th Cir. Mar. 25, 2022). Because the Notice seeks to dismiss all claims against Defendant Great American Insurance Group, the Court concludes that Rule 41 is an appropriate mechanism to meet that end. Accordingly, the Clerk of Court is DIRECTED to terminate Defendant Great American Insurance Group from this action. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/30/25. Text Only Entry (stvlc5, )
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| Filing 18 NOTICE of Voluntary Dismissal of Party Defendant Great American Insurance Group by Plaintiffs Mithilesh Kumar, Pallavi Kumar (Nichols, Ryan) |
| Pursuant to [#19] Minute Order, Defendant Great American Insurance Group is terminated on 7/30/2025. Text Only Entry (sphil, ) |
| Filing 17 NOTICE of Entry of Appearance by Matthew W. Hall on behalf of All Plaintiffs Attorney Matthew W. Hall added to party Mithilesh Kumar(pty:pla), Attorney Matthew W. Hall added to party Pallavi Kumar(pty:pla) (Hall, Matthew) |
| Filing 16 NOTICE of Entry of Appearance by Marc R. Levy on behalf of All Plaintiffs Attorney Marc R. Levy added to party Mithilesh Kumar(pty:pla), Attorney Marc R. Levy added to party Pallavi Kumar(pty:pla) (Levy, Marc) |
| Filing 15 NOTICE of Entry of Appearance by Ryan Earl Nichols on behalf of Mithilesh Kumar, Pallavi KumarAttorney Ryan Earl Nichols added to party Mithilesh Kumar(pty:pla), Attorney Ryan Earl Nichols added to party Pallavi Kumar(pty:pla) (Nichols, Ryan) |
| Filing 14 NOTICE of Entry of Appearance OF JOHN J. MATTEY by John J. Mattey on behalf of All Plaintiffs Attorney John J. Mattey added to party Mithilesh Kumar(pty:pla), Attorney John J. Mattey added to party Pallavi Kumar(pty:pla) (Mattey, John) |
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Filing 13
ORDER Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference by Magistrate Judge Scott T. Varholak on 6/24/2025. Consent Form due by 8/28/2025. Proposed Scheduling Order due 9/4/2025. Scheduling Conference set for 9/11/2025 10:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (sphil, ) Modified on 6/24/2025 to edit text. (sphil, ).
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| Filing 12 Defendant's ANSWER to #6 Complaint by State Auto Insurance Companies.(Spano, Brian) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent State Automobile Mutual Insurance Company for State Auto Insurance Companies. (Spano, Brian) |
| Filing 10 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (efoga, ) |
| Filing 9 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (efoga, ) |
| Filing 8 AFFIDAVIT/RETURN of Service of Summons, Complaint and Jury Demand, and District Court Civil (CV) Case Cover Sheet upon State Auto Insurance Companies on 5/29/2025.(efoga, ) |
| Filing 7 AFFIDAVIT/RETURN of Service of Summons, Complaint and Jury Demand, and District Court Civil (CV) Case Cover Sheet upon Great American Insurance Group on 5/30/2025. (efoga, ) |
| Filing 6 COMPLAINT and Jury Demand against Great American Insurance Group, State Auto Insurance Companies, filed by Mithilesh Kumar, Pallavi Kumar.(efoga, ) |
| Filing 5 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 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, ) |
| Filing 3 NOTICE of Entry of Appearance by Holly C. White on behalf of State Auto Insurance CompaniesAttorney Holly C. White added to party State Auto Insurance Companies(pty:dft) (White, Holly) |
| Filing 2 NOTICE of Filing of State Court Records by Defendant State Auto Insurance Companies (Attachments: #1 Exhibit A - Register of Actions, #2 Complaint, #3 Civil Case Cover Sheet, #4 Delay Reduction Order, #5 Summons - State Auto Insurance Companies, #6 Summons - Great American Insurance Group, #7 Return of Service - Great American Insurance Group, #8 Return of Service - State Auto Insurance Companies, #9 Entry of Appearance)(Spano, Brian) |
| Filing 1 NOTICE OF REMOVAL by State Auto Insurance Companies from Arapahoe County, District Court, State of Colorado, Case Number 2025CV31240. (Filing fee $ 405, Receipt Number ACODC-10398617), filed by State Auto Insurance Companies. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Return of Service, #3 Exhibit C - Summons, #4 Exhibit D - Notice of Filing Notice of Removal, #5 Exhibit E - Civil Case Cover Sheet, #6 Civil Cover Sheet)(Spano, Brian) |
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