Cromwell v. Progressive Direct Insurance Company
| Patricia Cromwell |
| Progressive Direct Insurance Company |
| 1:2026cv03493 |
| July 31, 2026 |
| U.S. District Court for the District of Colorado |
| Philip A Brimmer |
| Timothy P O'Hara |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on August 17, 2026. A more recent docket listing may be available from PACER.
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Filing 15
ORDER REFERRING CASE to Magistrate Judge Timothy P O'Hara for all motions. 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, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Judge Philip A. Brimmer on 8/17/2026. Text Only Entry (pabsec, )
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| Filing 14 CERTIFICATE Rule 7.1 Citizenship Disclosure by Plaintiff Patricia Cromwell. (Garcin, Robert) |
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Filing 13
MINUTE ORDER by Judge Philip A. Brimmer on 8/17/2026. The Court has twice ordered plaintiff to file her corporate disclosure statement pursuant to Fed. R. Civ. P. 7.1. Docket Nos. 8 , 11 . Plaintiff has again failed to file her disclosure by the August 12, 2026 deadline set by the Court. See Docket No. 11 . By the end of today, August 17, 2026, plaintiff shall file her Rule 7.1 disclosure statement. Text Only Entry (pabsec, )
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| Filing 16 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #12 Notice of Entry of Appearance filed by attorney Robert A. Garcin. 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) (ggill, ) |
| Filing 12 NOTICE of Entry of Appearance by Robert A. Garcin on behalf of All Plaintiffs Attorney Robert A. Garcin added to party Patricia Cromwell(pty:pla) (Garcin, Robert) |
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Filing 11
MINUTE ORDER by Judge Philip A. Brimmer on 8/11/2026 re: 8 Minute Order. On August 3, 2026, the Court ordered plaintiff to file a disclosure statement in accordance with Rule 7.1 on or before August 10, 2026. Plaintiff has not done so. On or before August 12, 2026, plaintiff shall file her Rule 7.1 disclosure statement pursuant to the Courts 8 Minute order. Text Only Entry (pabsec, )
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| Filing 10 Defendant's ANSWER to #4 Complaint with Jury Demand by Progressive Direct Insurance Company.(Brousseau, Christopher) |
| Filing 9 NOTICE of Entry of Appearance by Christopher Thomas Brousseau on behalf of Progressive Direct Insurance CompanyAttorney Christopher Thomas Brousseau added to party Progressive Direct Insurance Company(pty:dft) (Brousseau, Christopher) |
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Filing 8
MINUTE ORDER by Judge Philip A. Brimmer on 8/3/2026. The notice of removal asserts that plaintiff is a citizen of Colorado and cites the complaint. Docket No. #1 at 3. The complaint states that plaintiff is a resident of Colorado. Docket No. #4 at 1. Residency, however, is not the equivalent of citizenship. Whitelock v. Leatherman, 460 F.2d 507, 514 (10th Cir. 1972) ("allegations of mere 'residence' may not be equated with 'citizenship' for the purposes of establishing diversity"). "For 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). Based on defendant's representation that the Court has diversity jurisdiction pursuant to 28 U.S.C. 1332, Docket No. #1 at 3, Federal Rule of Civil Procedure 7.1(a)(2) requires that each party file a disclosure of its citizenship. Rule 7.1, as amended in December 2022, states 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. The statement must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party... when the action is filed in or re0moved to federal court." Fed. R. Civ. P. 7.1(a)(2)(A). On or before August 10, 2026, plaintiff shall file a disclosure statement in accordance with Rule 7.1 identifying her citizenship at the time of removal and at the time this case was filed. Text Only Entry (pabsec, )
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| Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eguth, ) |
| Filing 6 Case assigned to Judge Philip A. Brimmer and drawn to Magistrate Judge Timothy P. O'Hara. Text Only Entry (eguth, ) |
| Filing 5 AFFIDAVIT/RETURN of Service of Summons, Notice, Civil Case Cover Sheet, and Attachment(s) upon Progressive Direct Insurance Company on 7/10/2026 (eguth, ) |
| Filing 4 COMPLAINT (Underinsured Motorist Benefits) against Progressive Direct Insurance Company, filed by Patricia Cromwell.(eguth, ) |
| 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) (eguth, ) |
| 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.) (eguth, ) |
| Filing 1 NOTICE OF REMOVAL by Progressive Direct Insurance Company from Larimer County District Court, Case Number 2026CV30546. (Filing fee $ 405, Receipt Number ACODC-11181740), filed by Progressive Direct Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Yarbrough, Paul) |
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| Plaintiff: Patricia Cromwell | |
| Represented By: | Robert A. Garcin |
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| Defendant: Progressive Direct Insurance Company | |
| Represented By: | Paul Yarbrough |
| Represented By: | Christopher Thomas Brousseau |
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