Kitchens v. Gallagher Bassett Services, Inc. et al
| Reggie Kitchens |
| Gallagher Bassett Services, Inc., Katelyn Abbott and XL Insurance, America |
| 1:2025cv04098 |
| December 22, 2025 |
| U.S. District Court for the District of Colorado |
| Kathryn A Starnella |
| Nina Y Wang |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 58 MOTION to Dismiss for Failure to State a Claim by Defendant XL Insurance, America. (Ayers, Deanne) |
| Filing 57 SUMMONS Returned Executed by Reggie Kitchens. XL Insurance, America served on 5/15/2026, answer due 6/5/2026. (Dunn, Barry) |
| Filing 56 SUMMONS issued by Clerk. (jrobe, ) |
| Filing 55 SUMMONS REQUEST as to XL Insurance, America by Plaintiff Reggie Kitchens. (Dunn, Barry) |
Filing 54
SCHEDULING ORDER: by Magistrate Judge Kathryn A. Starnella on 4/1/26. (lgale, )
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| Filing 53 REPLY to Response to #45 MOTION to Dismiss for Failure to State a Claim filed by Defendant Gallagher Bassett Services, Inc.. (Ayers, Deanne) |
| Filing 52 Proposed Scheduling Order by Defendant Gallagher Bassett Services, Inc.. (Ayers, Deanne) |
| Filing 51 DEMAND for Trial by Jury by Plaintiff Reggie Kitchens. (Dunn, Barry) |
| Filing 50 MINUTE ENTRY for Scheduling Conference held on 3/26/2026 before Magistrate Judge Kathryn A. Starnella. Discovery due by 1/20/2027. Dispositive Motions due by 2/19/2027. FTR: Courtroom A-501. (nrich) |
| Filing 49 RESPONSE to #45 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted filed by Plaintiff Reggie Kitchens. (Dunn, Barry) |
| Filing 48 Proposed Scheduling Order by Defendant Gallagher Bassett Services, Inc.. (Ayers, Deanne) |
| Filing 47 AMENDED COMPLAINT against Katelyn Abbott, Gallagher Bassett Services, Inc., XL Insurance, America, ***Party XL Insurance, America added, filed by Reggie Kitchens. [Filed pursuant to 46 Minute Order](ggill, ) |
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Filing 46
MINUTE ORDER: In light of Plaintiff's #41 Notice of Filing Proposed First Amended Complaint, the Clerk of Court is directed to file the Proposed First Amended Complaint, [Doc. 41-2], as the First Amended Complaint. The Court will rule on Defendants' motions to dismiss in due course. By Judge Nina Y. Wang on 3/6/2026. Text Only Entry (nywlc8, )
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| Filing 45 MOTION to Dismiss for Failure to State a Claim by Defendant Gallagher Bassett Services, Inc.. (Ayers, Deanne) |
| Filing 44 MOTION to Dismiss for Failure to State a Claim by Defendant Katelyn Abbott. (Ayers, Deanne) |
| Filing 43 MOTION to Amend/Correct/Modify Meet and Confer Section of Notice of First Amended Complaint by Plaintiff Reggie Kitchens. (Dunn, Barry) |
| Filing 42 NOTICE of Errata in Proposed First Amended Complaint by Plaintiff Reggie Kitchens (Dunn, Barry) |
| Filing 41 NOTICE of Filing Amended Pleading Proposed First Amended Complaint by Plaintiff Reggie Kitchens (Attachments: #1 Exhibit A-Proposed First Amended Complaint Red line, #2 Exhibit B-Proposed First Amended Complaint, #3 Exhibit Plaintiff Reggie Kitchens AI Certificate Regarding Proposed First Amended Complaint)(Dunn, Barry) |
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Filing 40
MINUTE ORDER: In light of Plaintiff's #27 Notice of Non-Opposition, Defendant Katelyn Abbott's #17 Motion to Dismiss Complaint For Failure To State A Claim Upon Which Relief Can Be Granted is GRANTED as unopposed. Plaintiff's claims against Defendant Abbott, as currently alleged, are DISMISSED without prejudice. By Judge Nina Y. Wang on 2/9/2026. Text Only Entry(nywlc8, )
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| Filing 39 COURTROOM MINUTES/MINUTE ORDER for Status Conference held before Judge Nina Y. Wang on 2/9/2026. Denying as noncompliant #24 Plaintiff Reggie Kitchens' Motion to Amend Complaint to Add XL Insurance America, Inc. as a Party Defendant. Denying as noncompliant #28 Plaintiff Reggie Kitchens' Motion to Amend Complaint to Add a Negligence Claim Against Defendant Abbott. Denying as noncompliant #29 Plaintiff Reggie Kitchens' Motion to Amend Complaint to Add a Negligence Claim Against Defendant Gallagher Bassett. Denying as moot #19 Plaintiff Reggie Kitchens' Motion to Dismiss Defendant Gallagher Bassett's Motion to Dismiss. Plaintiff shall file one single motion to amend the complaint and proposed amended complaint with a redline version, including all causes of action and Defendants, and in compliance with D.C.COLO.LCivR 15.1 no later than February 13, 2026. To the extent that the existing Defendants consent to the amendment, Plaintiff shall file a notice of amended complaint in compliance with D.C.COLO.LCivR 15.1(a). Any further filings that are noncompliant with the Local Rules may be stricken as such without substantive consideration. Ms. Ayers shall confer with her clients with respect to their consent to the forthcoming amended complaint. Ms. Ayers may file a notice of non-opposition to Plaintiff's proposed amended complaint if applicable. Court Reporter: Darlene Martinez. (ebuch) |
| Filing 38 RESPONSE to #28 MOTION to Amend/Correct/Modify #6 Complaint to Add Negligence Claim Against Defendant Abbott filed by Defendant Katelyn Abbott. (Ayers, Deanne) |
| Filing 37 RESPONSE to #29 MOTION to Amend/Correct/Modify #6 Complaint to Add Negligence Claim Against Defendant Gallagher Bassett filed by Defendant Gallagher Bassett Services, Inc.. (Ayers, Deanne) |
| Filing 36 RESPONSE to #24 First MOTION to Amend/Correct/Modify #6 Complaint to Add XL Insurance America, Inc. As a Party Defendant filed by Defendant Gallagher Bassett Services, Inc.. (Attachments: #1 Exhibit A: Order Denying Motion, #2 Exhibit B: Request for Lump Sum Payment)(Ayers, Deanne) |
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Filing 35
MINUTE ORDER: The Status Conference on Plaintiff's motions to amend is RESET for 2/9/2026 at 01:30 PM in Courtroom A 902 before Judge Nina Y. Wang. By Judge Nina Y. Wang on 1/30/2026. Text Only Entry (nywlc8, )
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| Filing 34 REPLY to Response to #19 MOTION to Dismiss Defendant Gallagher Bassetts Motion to Dismiss filed by Plaintiff Reggie Kitchens. (Attachments: #1 Exhibit A - Dunn Log-in to FileVine, #2 Exhibit B - Affidavit of Service on Gallagher Bassett, #3 Exhibit C - Dunn Case Note of 010526)(Dunn, Barry) |
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Filing 33
MINUTE ORDER: The #31 Unopposed Motion to Continue Status Conference is GRANTED. The Status Conference set for February 3, 2026 is VACATED. The Parties are ORDERED to meet and confer regarding the scheduling of the Status Conference, and to contact the Court no later than 5:00 PM on February 2, 2026 with mutually agreeable times for the Status Conference. The Parties should specifically address their availability for an in-person Status Conference on February 5, 9, and 10. The Parties may contact the Court via email at [email protected]. By Judge Nina Y. Wang on 1/29/2026. Text Only Entry(nywlc8, )
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| Filing 32 CONSENT to Jurisdiction of Magistrate Judge by Defendant Gallagher Bassett Services, Inc. All parties do not consent.. (Ayers, Deanne) |
| Filing 31 Unopposed MOTION to Continue Status Conference by Defendant Gallagher Bassett Services, Inc.. (Ayers, Deanne) |
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Filing 30
MINUTE ORDER: This matter is before the Court on Plaintiff's motions to amend. [Docs. #24 , #28 , #29 ]. A Status Conference is SET for 2/3/2026 at 01:00 PM in Courtroom A 902 before Judge Nina Y. Wang. By Judge Nina Y. Wang on 1/28/2026. Text Only Entry (nywlc8, )
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| Filing 29 MOTION to Amend/Correct/Modify #6 Complaint to Add Negligence Claim Against Defendant Gallagher Bassett by Plaintiff Reggie Kitchens. (Dunn, Barry) |
| Filing 28 MOTION to Amend/Correct/Modify #6 Complaint to Add Negligence Claim Against Defendant Abbott by Plaintiff Reggie Kitchens. (Dunn, Barry) |
| Filing 27 NOTICE re #17 MOTION to Dismiss for Failure to State a Claim by Plaintiff Reggie Kitchens (Dunn, Barry) |
| Filing 26 RESPONSE to #19 MOTION to Dismiss Defendant Gallagher Bassetts Motion to Dismiss filed by Defendant Gallagher Bassett Services, Inc.. (Ayers, Deanne) |
| Filing 25 REPLY to Response to #11 MOTION to Dismiss for Failure to State a Claim filed by Defendant Gallagher Bassett Services, Inc.. (Ayers, Deanne) |
| Filing 24 First MOTION to Amend/Correct/Modify #6 Complaint to Add XL Insurance America, Inc. As a Party Defendant by Plaintiff Reggie Kitchens. (Attachments: #1 Exhibit A - Proposed First Amended Complaint, #2 AI Certification)(Dunn, Barry) |
| Filing 23 CERTIFICATE Regarding AI re: #20 Brief in Opposition to Motion by Plaintiff Reggie Kitchens. (Dunn, Barry) |
| Filing 22 CERTIFICATE Regarding AI re: #19 MOTION to Dismiss Defendant Gallagher Bassetts Motion to Dismiss by Plaintiff Reggie Kitchens. (Dunn, Barry) |
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Filing 21
MINUTE ORDER: This matter is before the Court on Plaintiff's #19 Motion to Dismiss and #20 Response in Opposition to Defendant Gallagher Basset Services Inc.'s Motion to Dismiss. On December 1, 2025, the Court implemented a Standing Order Regarding the Use of Generative Artificial Intelligence ("AI") in Court Filings ("Standing Order"). The Standing Order is available on the Court's website and requires litigants to include an "AI Certification" with "[e]very filing," indicating whether AI was used in drafting the filing. Plaintiff's #19 Motion and #20 Response do not include such a certification. No later than January 15, 2026, Plaintiff shall file a supplemental AI Certification, signed by all counsel whose signatures appear on the #19 Motion and #20 Response, that complies with the Court's Standing Order. Having now warned counsel for both sides about the Standing Order, [Doc. 12], the Court reiterates that future failures to include an AI Certification may result in the filing being stricken without substantive consideration. By Judge Nina Y. Wang on 1/13/2025. Text Only Entry (nywlc8, )
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| Filing 20 BRIEF in Opposition to #11 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted filed by Plaintiff Reggie Kitchens. (Dunn, Barry) |
| Filing 19 MOTION to Dismiss Defendant Gallagher Bassetts Motion to Dismiss by Plaintiff Reggie Kitchens. (Attachments: #1 Exhibit A - Voicemail - Ayers to Dunn 122225, #2 Exhibit B - Emails Between Counsel)(Dunn, Barry) |
| Filing 18 SUMMONS Returned Executed by Reggie Kitchens. Katelyn Abbott served on 12/17/2025, answer due 1/7/2026. (Attachments: #1 Exhibit Sheriff's Return of Service)(Dunn, Barry) |
| Filing 17 MOTION to Dismiss for Failure to State a Claim by Defendant Katelyn Abbott. (Ayers, Deanne) |
| Filing 16 NOTICE re #11 MOTION to Dismiss for Failure to State a Claim Supplemental Conference on Motion to Dismiss by Defendant Gallagher Bassett Services, Inc. (Ayers, Deanne) |
| Filing 15 CERTIFICATE Regarding AI re: #11 MOTION to Dismiss for Failure to State a Claim by Defendant Gallagher Bassett Services, Inc.. (Ayers, Deanne) |
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Filing 14
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kathryn A. Starnella on 23 December 2025. Proposed Scheduling Order due 3/19/2026. Scheduling Conference set for 3/26/2026 10:00 AM in Courtroom A 501 before Magistrate Judge Kathryn A. Starnella. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document, #3 Continuation of Main Document) (cmadr, )
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Filing 13
ORDER REFERRING CASE: This case is referred to Magistrate Judge Kathryn A. Starnella 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 her 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 Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 12/23/2025. Text Only Entry (nywlc8, )
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Filing 12
MINUTE ORDER: This matter is before the Court on Defendant's #11 Motion to Dismiss. On December 1, 2025, the Court implemented a Standing Order Regarding the Use of Generative Artificial Intelligence ("AI") in Court Filings ("Standing Order"). The Standing Order is available on the Court's website and requires litigants to include an "AI Certification" with "[e]very filing," indicating whether AI was used in drafting the filing. Defendant's #11 Motion does not include such a certification. No later than December 29, 2025, Defendant shall file a supplemental AI Certification, signed by all counsel whose signatures appear on the #11 Motion, that complies with the Court's Standing Order. The Parties are advised that future failures to include an AI Certification may result in the filing being stricken without substantive consideration. By Judge Nina Y. Wang on 12/23/2025. Text Only Entry (nywlc8, )
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| Filing 11 MOTION to Dismiss for Failure to State a Claim by Defendant Gallagher Bassett Services, Inc.. (Attachments: #1 Exhibit A-Policy excerpt)(Ayers, Deanne) |
| Filing 10 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eguth, ) |
| Filing 9 Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry (eguth, ) |
| Filing 8 STATE COURT ORDER Granting Motion for Extension of Time for Service of Process Upon Defendant Katelyn Abbott. By Jill Deborah Dorancy, District Court Judge, Denver County on 12/9/2025. (eguth, ) |
| Filing 7 AFFIDAVIT/RETURN of Service of Complaint and Summons upon Gallagher Bassett Services, Inc. (eguth, ) |
| Filing 6 COMPLAINT against Katelyn Abbott, Gallagher Bassett Services, Inc., filed by Reggie Kitchens.(eguth, ) |
| 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) (eguth, ) |
| 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.) (eguth, ) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Arthur J. Gallagher & Co. for Gallagher Bassett Services, Inc.. (Ayers, Deanne) |
| Filing 2 NOTICE of Entry of Appearance by Deanne Campbell Ayers on behalf of Gallagher Bassett Services, Inc. (Ayers, Deanne) |
| Filing 1 NOTICE OF REMOVAL by Gallagher Bassett Services, Inc. from District Court, City and County of Denver Colorado, Case Number 2025CV33752. (Filing fee $ 405, Receipt Number ACODC-10727353), filed by Gallagher Bassett Services, Inc.. (Attachments: #1 Exhibit A-Affidavit of Katelyn Abbott, #2 Appendix 1-Index of Documents, #3 Appendix Attachment 1-1: State Court Docket, #4 Appendix Attachment 1-2: Complaint, #5 Appendix Attachment 1-3: State Court Civil Cover Sheet, #6 Appendix Attachment 1-4: Delay Reduction Order, #7 Appendix Attachment 1-5: Pre-Trial Order and Discovery Protocol, #8 Appendix Attachment 1-6: Notice of Errate re: Address of Plaintiff, #9 Appendix Attachment 1-7: Return of Service on Gallagher Bassett Services, Inc., #10 Appendix Attachment 1-8: Motion for Extension of Time for Service of Process Upon Abbott, #11 Appendix Attachment 1-9: Order Re; Motion for Extension of Time, #12 Civil Cover Sheet Civil Cover Sheet)(Ayers, Deanne) |
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