Cundiff et al v. Auto Owners Insurance Company
| Barry Cundiff and Tami Cundiff |
| Auto Owners Insurance Company |
| 1:2025cv02596 |
| August 19, 2025 |
| U.S. District Court for the District of Colorado |
| Philip A Brimmer |
| Timothy P O'Hara |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on September 23, 2025. A more recent docket listing may be available from PACER.
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Filing 15
MINUTE ORDER by Magistrate Judge Timothy P. O'Hara on 9/23/2025. Pursuant to the Order of Reference, this Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on December 10, 2025 at 11:30 a.m. in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. Although this Court generally prefers in-person attendance, counsel who are outside the metropolitan Denver area may appear remotely. To connect to the courtroom remotely via video teleconference, counsel shall use the attached Cisco Meeting App Instructions. No later than seven days before the Scheduling Conference, the Parties shall (1) file their Proposed Scheduling Order onto the case docket sheet and (2) submit the proposed Scheduling Order in Word format by joint email, copying all Parties, to Chambers at #o'[email protected]. (ggill, )
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Filing 14
ORDER REFERRING CASE to Magistrate Judge Timothy P O'Hara 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 9/08/2025. Text Only Entry (pabsec, )
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| Filing 13 STATEMENT re 9 Minute Order,,,,,,, by Plaintiffs Barry Cundiff, Tami Cundiff. (Landis, William) |
| Filing 12 NOTICE of Entry of Appearance by William Robert Landis on behalf of Barry Cundiff, Tami CundiffAttorney William Robert Landis added to party Barry Cundiff(pty:pla), Attorney William Robert Landis added to party Tami Cundiff(pty:pla) (Landis, William) |
| Filing 11 ANSWER to #4 Complaint and Jury Demand by Auto Owners Insurance Company.(O'Brien, Adam) |
| Filing 10 NOTICE of Entry of Appearance by Mackenzie M. Novak on behalf of Auto Owners Insurance CompanyAttorney Mackenzie M. Novak added to party Auto Owners Insurance Company(pty:dft) (Novak, Mackenzie) |
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Filing 9
MINUTE ORDER by Chief Judge Philip A. Brimmer on 8/20/2025. The Notice of Removal asserts that plaintiffs are Colorado citizens because the complaint alleges that plaintiffs "reside in Colorado." Docket No. #1 at 3. 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 1, 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). "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. Within seven days of plaintiffs' first appearance, plaintiffs Barry and Tami Candiff shall file a disclosure statement in accordance with Rule 7.1 identifying their citizenship at the time of removal. Text Only Entry (pabsec, )
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| Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (echa, ) |
| Filing 7 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Timothy P. O'Hara. Text Only Entry. (echa, ) |
| Filing 6 STATE COURT ORDER GRANTING Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint and Jury Demand by District Court Judge on 8/12/2025. (echa, ) |
| Filing 5 AFFIDAVIT/RETURN of Service of Complaint, Exhibit, Civil Case Cover Sheet, Summons upon Auto Owners Insurance Company on 7/21/2025. (echa, ) |
| Filing 4 COMPLAINT and Jury Demand against Auto Owners Insurance Company, filed by Barry Cundiff, Tami Cundiff.(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 Auto Owners Insurance Company from Adams County District Court, Case Number 2025CV31134. (Filing fee $ 405, Receipt Number ACODC-10504944), filed by Auto Owners Insurance Company. (Attachments: #1 Exhibit Ex. A - Complaint and Jury Demand w Exhibit REDACTED, #2 Exhibit Ex. B - District Court Civil Summons, #3 Exhibit Ex. C - Affidavit of Service, #4 Exhibit Ex. D - Auto-Owners Certificate of Good Standing, #5 Exhibit Ex. E - Auto-Owners Certified Articles of Incorporation, #6 Exhibit Ex. F - Auto-Owners Corporate Disclosure Statement, #7 Exhibit Ex. G - Civil Case Cover Sheet, #8 Exhibit Ex. H - State Court Docket Sheet, #9 Exhibit Ex. I - Motion for Extension of Time to Respond to Complaint, #10 Exhibit Ex. J - Order Granting Auto-Owners' Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint and Jury Demand, #11 Civil Cover Sheet USDC Civil Cover Sheet, #12 Supplemental Civil Cover Sheet Supplemental Civil Cover Sheet for Notices of Removal (20832705.1))(O'Brien, Adam) |
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