Aten et al v. American Airlines, Inc.
| William Aten, Penny Cruz, Ian Edwards, Ingrid Fatianow-Hibbitts, Terry Grasser, Frank Hibbitts, Gabriele Hibbitts, Crystal Jennings, Jeffrey Manuel, Nicole Rash, Alexander Ruffino, Tami Skolnekovich, Carolyn Souza and Avery Worstell |
| American Airlines, Inc. |
| 1:2025cv02899 |
| September 15, 2025 |
| U.S. District Court for the District of Colorado |
| William J Martinez |
| Kathryn A Starnella |
| Airplane |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on January 21, 2026. A more recent docket listing may be available from PACER.
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Filing 25
GRANTING MOTION TO DISMISS WITHOUT PREJUDICEThis matter comes before the Court on the Plaintiffs' Motion to Dismiss without Prejudice ("Motion"), filed January 20, 2026 (ECF No. #24 ). The Court having reviewed the Motion and being fully advised, hereby ORDERS as follows:Plaintiffs' Motion is GRANTED. Pursuant to Rule 41(a)(2), the above-captioned action is hereby DISMISSED WITHOUT PREJUDICE. Each party shall pay its own attorney's fees and costs. SO ORDERED by Judge William J. Martinez on 01/21/2026.(jrobe, )
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| Filing 24 MOTION to Dismiss by Plaintiffs William Aten, Penny Cruz, Ian Edwards, Ingrid Fatianow-Hibbitts, Terry Grasser, Frank Hibbitts, Gabriele Hibbitts, Crystal Jennings, Jeffrey Manuel, Nicole Rash, Alexander Ruffino, Tami Skolnekovich, Carolyn Souza, Avery Worstell. (McBryant, Jessica) |
| Filing 23 SUPPLEMENT/AMENDMENT to #22 Scheduling Order Plaintiffs' Supplementation of Damages by Plaintiffs William Aten, Penny Cruz, Ian Edwards, Ingrid Fatianow-Hibbitts, Terry Grasser, Frank Hibbitts, Gabriele Hibbitts, Crystal Jennings, Jeffrey Manuel, Nicole Rash, Alexander Ruffino, Tami Skolnekovich, Carolyn Souza, Avery Worstell. (LoRusso, Joseph) |
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Filing 22
SCHEDULING ORDER: by Magistrate Judge Kathryn A. Starnella on 11/3/25. (lgale, )
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| Filing 21 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Kathryn A. Starnella on 11/3/2025. Designation of Affirmative Experts due 8/1/2026. Discovery due by 10/30/2026. Dispositive Motions due by 11/20/2026. Designation of Rebuttal Experts due 8/31/2026. Final Pretrial Conference set for 5/7/2027 10:00 AM in Courtroom A501 before Magistrate Judge Kathryn A. Starnella. FTR: KAS Courtroom A501. (lgale, ) |
| Filing 20 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs William Aten, Penny Cruz, Ian Edwards, Ingrid Fatianow-Hibbitts, Terry Grasser, Frank Hibbitts, Gabriele Hibbitts, Crystal Jennings, Jeffrey Manuel, Nicole Rash, Alexander Ruffino, Tami Skolnekovich, Carolyn Souza, Avery Worstell All parties do not consent.. (McBryant, Jessica) |
| Filing 19 Proposed Scheduling Order by Plaintiffs William Aten, Penny Cruz, Ian Edwards, Ingrid Fatianow-Hibbitts, Terry Grasser, Frank Hibbitts, Gabriele Hibbitts, Crystal Jennings, Jeffrey Manuel, Nicole Rash, Alexander Ruffino, Tami Skolnekovich, Carolyn Souza, Avery Worstell. (McBryant, Jessica) |
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Filing 18
PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kathryn A. Starnella on 10/27/2025. (kmyha)
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| Filing 17 NOTICE of Entry of Appearance by Robert James Zavaglia, Jr on behalf of American Airlines, Inc.Attorney Robert James Zavaglia, Jr added to party American Airlines, Inc.(pty:dft) (Zavaglia, Robert) |
| Filing 16 ANSWER to #4 Complaint, and Jury Demand by American Airlines, Inc..(Cooper, Jason) |
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Filing 14
ORDER SETTING SCHEDULING/PLANNING CONFERENCE. A Scheduling/Planning Conference pursuant to Federal Rule of Civil Procedure 16(b) shall be held on November 3, 2025, commencing at 9:30 a.m. in Courtroom A-501, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. No later than seven (7) calendar days prior to the Scheduling/Planning Conference, counsel and pro se parties shall submit their proposed Scheduling Order in compliance with the Court's Electronic Case Filing Procedures, which are also available on the Court's website, by Magistrate Judge Kathryn A. Starnella on 17 September 2025. (Attachments: #1 Instructions for Preparation of Scheduling Order, #2 Proposed Scheduling Order, #3 Magistrate Judge Consent Form) (agryan)
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| Filing 13 NOTICE of Entry of Appearance by Ezekiel Matthias Denison on behalf of All Plaintiffs Attorney Ezekiel Matthias Denison added to party Jeffrey Manuel(pty:pla), Attorney Ezekiel Matthias Denison added to party Nicole Rash(pty:pla), Attorney Ezekiel Matthias Denison added to party Alexander Ruffino(pty:pla), Attorney Ezekiel Matthias Denison added to party Tami Skolnekovich(pty:pla), Attorney Ezekiel Matthias Denison added to party Carolyn Souza(pty:pla), Attorney Ezekiel Matthias Denison added to party Avery Worstell(pty:pla), Attorney Ezekiel Matthias Denison added to party William Aten(pty:pla), Attorney Ezekiel Matthias Denison added to party Penny Cruz(pty:pla), Attorney Ezekiel Matthias Denison added to party Ian Edwards(pty:pla), Attorney Ezekiel Matthias Denison added to party Ingrid Fatianow-Hibbitts(pty:pla), Attorney Ezekiel Matthias Denison added to party Terry Grasser(pty:pla), Attorney Ezekiel Matthias Denison added to party Frank Hibbitts(pty:pla), Attorney Ezekiel Matthias Denison added to party Gabriele Hibbitts(pty:pla), Attorney Ezekiel Matthias Denison added to party Crystal Jennings(pty:pla) (Denison, Ezekiel) |
| Filing 15 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #11 Notice of Entry of Appearance filed by attorney Joseph LoRusso. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through PACER pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (agarc, ) |
| Filing 12 NOTICE of Entry of Appearance by Jessica McBryant on behalf of All Plaintiffs Attorney Jessica McBryant added to party Jeffrey Manuel(pty:pla), Attorney Jessica McBryant added to party Nicole Rash(pty:pla), Attorney Jessica McBryant added to party Alexander Ruffino(pty:pla), Attorney Jessica McBryant added to party Tami Skolnekovich(pty:pla), Attorney Jessica McBryant added to party Carolyn Souza(pty:pla), Attorney Jessica McBryant added to party Avery Worstell(pty:pla), Attorney Jessica McBryant added to party William Aten(pty:pla), Attorney Jessica McBryant added to party Penny Cruz(pty:pla), Attorney Jessica McBryant added to party Ian Edwards(pty:pla), Attorney Jessica McBryant added to party Ingrid Fatianow-Hibbitts(pty:pla), Attorney Jessica McBryant added to party Terry Grasser(pty:pla), Attorney Jessica McBryant added to party Frank Hibbitts(pty:pla), Attorney Jessica McBryant added to party Gabriele Hibbitts(pty:pla), Attorney Jessica McBryant added to party Crystal Jennings(pty:pla) (McBryant, Jessica) |
| Filing 11 NOTICE of Entry of Appearance by Joseph Paul LoRusso on behalf of All Plaintiffs Attorney Joseph Paul LoRusso added to party Jeffrey Manuel(pty:pla), Attorney Joseph Paul LoRusso added to party Nicole Rash(pty:pla), Attorney Joseph Paul LoRusso added to party Alexander Ruffino(pty:pla), Attorney Joseph Paul LoRusso added to party Tami Skolnekovich(pty:pla), Attorney Joseph Paul LoRusso added to party Carolyn Souza(pty:pla), Attorney Joseph Paul LoRusso added to party Avery Worstell(pty:pla), Attorney Joseph Paul LoRusso added to party William Aten(pty:pla), Attorney Joseph Paul LoRusso added to party Penny Cruz(pty:pla), Attorney Joseph Paul LoRusso added to party Ian Edwards(pty:pla), Attorney Joseph Paul LoRusso added to party Ingrid Fatianow-Hibbitts(pty:pla), Attorney Joseph Paul LoRusso added to party Terry Grasser(pty:pla), Attorney Joseph Paul LoRusso added to party Frank Hibbitts(pty:pla), Attorney Joseph Paul LoRusso added to party Gabriele Hibbitts(pty:pla), Attorney Joseph Paul LoRusso added to party Crystal Jennings(pty:pla) (LoRusso, Joseph) |
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Filing 10
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2022 and as they may be amended from time to time), which may be downloaded #here. Counsel shall also review and familiarize themselves with the Practice Standards of the Magistrate Judge assigned in the referral role in this case. SO ORDERED by Judge William J. Martinez on 9/16/2025. Text Only Entry (wjmja, )
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Filing 9
ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. 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, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 9/16/2025. Text Only Entry (wjmja, )
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| Filing 8 NOTICE of Entry of Appearance by Kathleen Jo Johnson on behalf of American Airlines, Inc.Attorney Kathleen Jo Johnson added to party American Airlines, Inc.(pty:dft) (Johnson, Kathleen) |
| Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (echa, ) |
| Filing 6 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry (echa, ) |
| Filing 5 AFFIDAVIT/RETURN of Service of Cover Sheet, Complaint, Summons upon American Airlines, Inc. on 8/19/2025. (echa, ) |
| Filing 4 COMPLAINT and Jury Demand against American Airlines, Inc., filed by Frank Hibbitts, Nicole Rash, Ian Edwards, Gabriele Hibbitts, Crystal Jennings, Penny Cruz, Alexander Ruffino, Avery Worstell, Carolyn Souza, Ingrid Fatianow-Hibbitts, William Aten, Jeffrey Manuel, Tami Skolnekovich, Terry Grasser.(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 American Airlines, Inc. from Denver County District Court, Case Number 2025CV32633. (Filing fee $ 405, Receipt Number ACODC-10555549), filed by American Airlines, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Attachment to Civil Cover, #3 Supplemental Civil Cover Sheet, #4 Exhibit 1 - Complaint, #5 Exhibit 2 - DC Civil Cover, #6 Exhibit 3 - Summons, #7 Exhibit 4- Dec of Zavaglia, #8 Exhibit 5 - Affidavit of Service, #9 Exhibit 6 - Register of Actions)(Cooper, Jason) |
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