Smith v. American Family Insurance Company et al
Plaintiff: Joseph Smith
Defendant: American Family Insurance Company and Midvale Indemnity Company
Case Number: 1:2026cv00376
Filed: January 30, 2026
Court: U.S. District Court for the District of Colorado
Presiding Judge: Timothy P O'Hara
Referring Judge: Regina M Rodriguez
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 23, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 23, 2026 Opinion or Order Filing 20 MINUTE ORDER. Pursuant to the Order of Reference, the Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on May 7, 2026 at 9:30 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, 80294. It will be an in-person proceeding. 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]. This Court gives the Parties the option to vacate the Scheduling Conference after they submit their Proposed Scheduling Order. If there is no dispute over a material term and the Parties jointly prefer to vacate the Scheduling Conference, then they may request this Court to do so by way of a joint email to Chambers. Thereupon this Court will enter the Parties' Proposed Scheduling Order as submitted. By Magistrate Judge Timothy P. O'Hara on 3/23/2026. (ggill, )
February 26, 2026 Opinion or Order Filing 19 ORDER REFERRING CASE to Magistrate Judge Timothy P. O'Hara. 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 2/26/2026. Text Only Entry (rmrja)
February 26, 2026 Filing 18 MEMORANDUM RETURNING CASE. Case randomly reassigned to Judge Regina M. Rodriguez for all further proceedings. Judge R. Brooke Jackson is no longer assigned to case. All future pleadings should be designated as 26-cv-00376-RMR. (ccuen, )
February 25, 2026 Opinion or Order Filing 17 MINUTE ORDER. Pursuant to the Election Concerning Consent/Non-Consent form [ECF #16 ] filed by the Parties expressing non-consent under D.C.COLO.LCivR 40.1(c)(8), the Court directs the Clerk of the Court to reassign this case under D.C.COLO.LCivR 40.1(a) to a District Judge. This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1(c). (Case randomly reassigned to Judge R. Brooke Jackson and drawn to Magistrate Judge Timothy P. O'Hara for all further proceedings. All future pleadings shall be designated to 26-cv-00376-RBJ). By Magistrate Judge Timothy P. O'Hara on 2/25/2026. (ggill, )
February 25, 2026 Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Defendants American Family Insurance Company, Midvale Indemnity Company All parties do not consent.. (Kline, Ashley)
February 6, 2026 Filing 15 Defendant American Family Insurance Company and Midvale ANSWER to #5 Complaint AND JURY DEMAND by American Family Insurance Company, Midvale Indemnity Company.(Kline, Ashley)
February 3, 2026 Filing 14 NOTICE of Entry of Appearance by Matthew W. Hall on behalf of Joseph SmithAttorney Matthew W. Hall added to party Joseph Smith(pty:pla) (Hall, Matthew)
February 3, 2026 Filing 13 NOTICE of Entry of Appearance by Marc R. Levy on behalf of Joseph SmithAttorney Marc R. Levy added to party Joseph Smith(pty:pla) (Levy, Marc)
February 3, 2026 Filing 12 NOTICE of Entry of Appearance by Brian P. Kershaw on behalf of American Family Insurance Company, Midvale Indemnity CompanyAttorney Brian P. Kershaw added to party American Family Insurance Company(pty:dft), Attorney Brian P. Kershaw added to party Midvale Indemnity Company(pty:dft) (Kershaw, Brian)
February 3, 2026 Filing 11 NOTICE of Entry of Appearance by Katelyn Shea Werner on behalf of American Family Insurance Company, Midvale Indemnity CompanyAttorney Katelyn Shea Werner added to party American Family Insurance Company(pty:dft), Attorney Katelyn Shea Werner added to party Midvale Indemnity Company(pty:dft) (Werner, Katelyn)
January 30, 2026 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. (echa, )
January 30, 2026 Filing 9 Case assigned to Magistrate Judge Timothy P O'Hara. Text Only Entry. (echa, )
January 30, 2026 Filing 8 STATE COURT ORDER GRANTING Defendants American Family Insurance Company's and Midvale Indemnity Company's Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint by District Court Judge on 1/21/2026. (echa, )
January 30, 2026 Filing 7 AFFIDAVIT/RETURN of Service of Summons, Complaint, Civil Cover Sheet upon Midvale Indemnity Company on 12/31/2025. (echa, )
January 30, 2026 Filing 6 AFFIDAVIT/RETURN of Service of Summons, Complaint, Civil Cover Sheet upon American Family Insurance Company on 12/31/2025. (echa, )
January 30, 2026 Filing 5 COMPLAINT and Jury Demand against American Family Insurance Company, Midvale Indemnity Company, filed by Joseph Smith.(echa, )
January 30, 2026 Filing 4 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, )
January 30, 2026 Filing 3 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, )
January 30, 2026 Filing 2 CORPORATE DISCLOSURE STATEMENT. (Kline, Ashley)
January 30, 2026 Filing 1 NOTICE OF REMOVAL by Midvale Indemnity Company, American Family Insurance Company from State of Colorado, District of Jefferson County, Case Number 2025CV32107. (Filing fee $ 405, Receipt Number ACODC-10793928), filed by Midvale Indemnity Company, American Family Insurance Company. (Attachments: #1 Civil Case Cover Sheet, #2 Ex. A - Voter Registration, #3 SC Complaint w Jury Demand, #4 SC Summons - American Family, #5 SC Summons - Midvale, #6 SC Civil Case Cover Sheet, #7 SC Civil Procedure Order, #8 SC AOS, #9 SC AOS, #10 SC Def Motion for Extension, #11 SC PO re Motion for Extension, #12 SC Order re Motion for Extension)(Kline, Ashley)

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Plaintiff: Joseph Smith
Represented By: Matthew W. Hall
Represented By: Marc R. Levy
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Defendant: American Family Insurance Company
Represented By: Ashley K. Kline
Represented By: Katelyn Shea Werner
Represented By: Brian P. Kershaw
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Defendant: Midvale Indemnity Company
Represented By: Ashley K. Kline
Represented By: Katelyn Shea Werner
Represented By: Brian P. Kershaw
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