Garcia-Brauch v. Gerber Life Insurance Company
Plaintiff: Kelly Garcia-Brauch
Defendant: Gerber Life Insurance Company
Case Number: 1:2026cv01456
Filed: April 6, 2026
Court: U.S. District Court for the District of Colorado
Presiding Judge: William J Martinez
Referring Judge: Susan Prose
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 2, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 2, 2026 Filing 23 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #22 Notice of Entry of Appearance filed by attorney J. Kyle Bachus and Elizabeth Hanson. The s/signature did not match the filer name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (sphil, )
May 26, 2026 Filing 22 NOTICE of Entry of Appearance J. Kyle Bachus by Elizabeth Hanson on behalf of Kelly Garcia-Brauch (Hanson, Elizabeth)
May 26, 2026 Opinion or Order Filing 21 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 they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 5/26/2026. Text Only Entry (wjmja, )
May 26, 2026 Opinion or Order Filing 20 ORDER REFERRING CASE to Magistrate Judge Susan Prose, 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 5/26/2026. Text Only Entry (wjmja, )
May 26, 2026 Opinion or Order Filing 19 MINUTE ORDER by Magistrate Judge Susan Prose on 05/26/2026. This matter is before the court pursuant to email communication with chambers regarding the Fed. R. Civ. P. 16(b) Scheduling Conference. Due to an unavoidable conflict, the Scheduling Conference previously set for June 1, 2026, is VACATED AND RESET.The Scheduling Conference shall be heldon July 20, 2026, at 9:30 a.m., in Courtroom A-502, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Parties wishing to attend in person may appear in Courtroom A-502, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Parties are permitted to attend telephonically by calling 571-353-2301, Guest meeting ID- 868150043. Any telephonic attendees are requested to mute their phone when not speaking, as well as avoid speaker phone and Bluetooth connections.The parties' jointly proposed scheduling order (including a copy in Word format to # [email protected]) is due July 13, 2026. Text Only Entry (sjeff)
May 22, 2026 Filing 18 Proposed Scheduling Order by Plaintiff Kelly Garcia-Brauch. (Hanson, Elizabeth)
May 20, 2026 Filing 17 CASE REASSIGNED. Pursuant to #16 Consent to Jurisdiction of Magistrate Judge, case randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 26-cv-01456-WJM. (Text Only Entry) (ggill, )
May 20, 2026 Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Kelly Garcia-Brauch All parties do not consent.. (Hanson, Elizabeth)
May 4, 2026 Opinion or Order Filing 15 ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Susan Prose on 05/04/2026. Consent form due May 18, 2026. Proposed scheduling order (including a copy in Word format to # [email protected]) due May 22, 2026. The Fed. R. Civ. P. 16(b) Scheduling Conference shall be held on June 1, 2026, at 11:30 a.m. Parties wishing to attend in person may appear in Courtroom A-502, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Parties are permitted to attend telephonically by calling 571-353-2301, Guest meeting ID- 868150043. Any telephonic attendees are requested to mute their phone when not speaking, as well as avoid speakerphone and Bluetooth connections. (sjeff)
May 2, 2026 Filing 14 AMENDED ANSWER to #6 Complaint by Gerber Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Chung, Jennifer)
April 28, 2026 Filing 13 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #12 Notice of Entry of Appearance filed by attorney Elizabeth Hanson. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents. (Text Only Entry) (anewt, )
April 24, 2026 Filing 12 NOTICE of Entry of Appearance by Elizabeth Hanson on behalf of Kelly Garcia-BrauchAttorney Elizabeth Hanson added to party Kelly Garcia-Brauch(pty:pla) (Hanson, Elizabeth)
April 13, 2026 Filing 11 ANSWER to #7 Amended Complaint by Gerber Life Insurance Company.(Chung, Jennifer)
April 6, 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. (eguth, )
April 6, 2026 Filing 9 Case assigned to Magistrate Judge Susan Prose. Text Only Entry (eguth, )
April 6, 2026 Filing 8 AFFIDAVIT/RETURN of Service of First Amended Civil Complaint and Jury Demand, Civil Summons, and District Court Civil (CV) Case Cover Sheet upon Gerber Life Insurance Company on 3/13/2026 (eguth, )
April 6, 2026 Filing 7 FIRST AMENDED COMPLAINT and Jury Demand against Gerber Life Insurance Company, filed by Kelly Garcia-Brauch.(eguth, )
April 6, 2026 Filing 6 CIVIL COMPLAINT and Jury Demand against Gerber Life Insurance Company, filed by Kelly Garcia-Brauch.(eguth, )
April 6, 2026 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, )
April 6, 2026 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, )
April 6, 2026 Filing 3 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Western & Southern Financial Group, Inc., Corporate Parent The Western and Southern Life Insurance Company for Gerber Life Insurance Company. (Chung, Jennifer)
April 6, 2026 Filing 2 NOTICE of Entry of Appearance AND CIVIL COVER SHEET by Jennifer Haemin Chung on behalf of Gerber Life Insurance Company (Attachments: #1 Civil Cover Sheet)(Chung, Jennifer)
April 6, 2026 Filing 1 NOTICE OF REMOVAL by Gerber Life Insurance Company from ARAPAHOE COUNTY DISTRICT COURT, Case Number 26-cv-030668. (Filing fee $ 405, Receipt Number ACODC-10928355), filed by Gerber Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Chung, Jennifer)

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Plaintiff: Kelly Garcia-Brauch
Represented By: Elizabeth Hanson
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Defendant: Gerber Life Insurance Company
Represented By: Jennifer Haemin Chung
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