Pham v. American Family Insurance Company
| KIM NHI THI PHAM |
| AMERICAN FAMILY INSURANCE COMPANY |
| 1:2026cv02403 |
| May 30, 2026 |
| U.S. District Court for the District of Colorado |
| Kathryn A Starnella |
| Nina Y Wang |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 12
MINUTE ORDER: In light of the representations made in #11 Plaintiff's Response to Order to Show Cause, it is ORDERED that the #9 Order to Show Cause is DISCHARGED. By Judge Nina Y. Wang on 06/18/2026. Text Only Entry (nywlc2, )
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| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE re #9 by Plaintiff Kim Nhi Thi Pham. (Elliott, John) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT. (Elliott, John) |
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Filing 9
DISCHARGED- ORDER TO SHOW CAUSE: Accordingly, it is ORDERED that, on or before June 25, 2026, Plaintiff shall SHOW CAUSE, in writing, why this case should not be dismissed without prejudice pursuant to Fed. R. Civ. P. 41(b) and Local Rule 41.1 for failure to prosecute, failure to comply with Fed. R. Civ. P. 7.1, and failure to comply with this Court's June 2 and June 10 Minute Orders. If Plaintiff fails to respond to this Order to Show Cause, this case will be dismissed without prejudice without further warning from the Court. By Judge Nina Y. Wang on 6/18/2026. (ggill, ) Modified on 6/18/2026 to add language pursuant to 12 Minute Order (ggill, ).
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Filing 8
MINUTE ORDER: This Court ordered Plaintiff to file a Rule 7.1 disclosure statement no later than June 9, 2026. [Doc. 5]. Plaintiff did not comply with this deadline or seek and obtain an extension of this deadline. Accordingly, it is ORDERED that Plaintiff shall file the Rule 7.1 disclosure statement on or before 6/15/2026. Further failures to comply with Court orders may result in sanctions. By Judge Nina Y. Wang on 06/10/2026. Text Only Entry (nywlc2, )
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Filing 7
PRE-SCHEDULING CONFERENCE ORDER Entered by Magistrate Judge Kathryn A. Starnella on 6/3/2026. (anewt,) Modified on 6/4/2026 to correct date (anewt, ).
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Filing 6
ORDER Setting Scheduling/Planning Conference. IT IS HEREBY ORDERED that a Scheduling/Planning Conference pursuant to Federal Rule of Civil Procedure 16(b) shall be held on September 2, 2026, 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. Entered by Magistrate Judge Kathryn A. Starnella on 6/3/2026. (Attachments: #1 Instructions for Preparation of Scheduling Order, #2 Proposed Scheduling Order) (anewt,)
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Filing 5
MINUTE ORDER: Rule 7.1 of the Federal Rules of Civil Procedure provides 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" that "name[s]--and identif[ies] the citizenship of--every individual or entity whose citizenship is attributed that party." Fed. R. Civ. P. 7.1(a)(2). The disclosure statement must be filed with the party's "first appearance, pleading, petition, motion, response, or other request addressed to the court." Fed. R. Civ. P. 7.1(b)(1). Plaintiff did not file the required Rule 7.1 disclosure statement with the Complaint. Accordingly, on or before 6/9/2026, Plaintiff shall file a disclosure statement that complies with Rule 7.1. Plaintiff is reminded that, "[f]or 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), and residency is not synonymous with domicile, see Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48 (1989) ("'Domicile' is not necessarily synonymous with 'residence,' and one can reside in one place but be domiciled in another."). In addition, no later than seven days after Defendant's entry of appearance in this case, Defendant shall file a disclosure statement that complies with Rule 7.1. By Judge Nina Y. Wang on 06/02/2026. Text Only Entry (nywlc2, )
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Filing 4
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 06/02/2026. Text Only Entry (nywlc2, )
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (echa, ) |
| Filing 2 Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (echa, ) |
| Filing 1 COMPLAINT against AMERICAN FAMILY INSURANCE COMPANY (Filing fee $ 405,Receipt Number ACODC-11046563)Attorney John Christopher Elliott added to party KIM NHI THI PHAM(pty:pla), filed by KIM NHI THI PHAM. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Elliott, John) |
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| Plaintiff: KIM NHI THI PHAM | |
| Represented By: | John Christopher Elliott |
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| Defendant: AMERICAN FAMILY INSURANCE COMPANY | |
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