Chisholm's-Village Plaza LLC v. Travelers Commercial Insurance Company et al
Plaintiff: Chisholm's-Village Plaza LLC
Defendant: The Cincinnati Insurance Company, Burke Insurance Group, Will Burke and Travelers Commercial Insurance Company
Case Number: 2:2020cv00920
Filed: September 9, 2020
Court: US District Court for the District of New Mexico
Presiding Judge: James O Browning
Referring Judge: Gregory J Fouratt
2 Judge: Kevin R Sweazea
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332 Diversity-Insurance Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 7, 2023 Opinion or Order Filing 111 ORDER to Submit Closing Documents by Magistrate Judge Kevin R. Sweazea. Pursuant to the settlement reached on June 6, 2023, the parties are directed to submit closing documents to the presiding judge on or before July 21, 2023. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc)
June 6, 2023 Opinion or Order Filing 110 Clerk's Minutes for proceedings held before Magistrate Judge Kevin R. Sweazea: Settlement Conference held on 6/6/2023. The case settled. (atc)
May 16, 2023 Opinion or Order Filing 109 ORDER by Magistrate Judge Kevin R. Sweazea RESETTING Settlement Conference. At the request of the parties, the Zoom Settlement Conference is hereby RESET for June 6, 2023 at 01:30 PM. All other deadlines in #101 Order Setting Settlement Conference remain. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc)
May 3, 2023 Opinion or Order Filing 107 NOTICE of Appearance by Lisa Gabrielle Zammiello on behalf of Chisholm's-Village Plaza LLC (Zammiello, Lisa)
May 2, 2023 Opinion or Order Filing 108 ORDER TO SHOW CAUSE by District Judge James O. Browning GRANTING #81 ORDER on Motion for Order. (cmm)
April 28, 2023 Opinion or Order Filing 106 CERTIFICATE OF SERVICE by The Cincinnati Insurance Company re Expert Disclosures (Evans, Robert) Modified text on 5/1/2023 (fs).
April 28, 2023 Opinion or Order Filing 105 CERTIFICATE OF SERVICE by Travelers Commercial Insurance Company re Fidelity's Expert Disclosures (Feinberg, Daniel) Modified text on 5/1/2023 (fs).
April 27, 2023 Opinion or Order Filing 103 CERTIFICATE OF SERVICE by The Cincinnati Insurance Company Answers to First Set of Interrogatories and Responses to First Set of Request for Production (Evans, Robert) Modified text on 4/28/2023 (bap).
April 26, 2023 Opinion or Order Filing 104 Clerk's Minutes for proceedings held before District Judge James O. Browning: Motion Hearing held on 4/26/2023 re #97 MOTION to Extend (other) for Extension of Time to Disclose Expert Witnesses filed by The Cincinnati Insurance Company, #81 MOTION for Order to Show Cause and Memorandum in Support filed by Chisholm's-Village Plaza LLC. (Court Reporter J. Bean) (cmm)
April 26, 2023 Opinion or Order Filing 102 NOTICE of Appearance by Timothy B Rode on behalf of Chisholm's-Village Plaza LLC (Rode, Timothy)
April 26, 2023 Opinion or Order Filing 101 ORDER by Magistrate Judge Kevin R. Sweazea. Settlement Conference set for June 1, 2023 at 09:00 AM via Zoom. Consult Order for associated deadlines. (atc)
April 26, 2023 Opinion or Order Filing 100 Clerk's Minutes for proceedings held before Magistrate Judge Kevin R. Sweazea: Status Conference held on 4/26/2023. (atc)
April 25, 2023 Opinion or Order Filing 99 RESPONSE in Opposition re #97 MOTION to Extend (other) for Extension of Time to Disclose Expert Witnesses filed by Chisholm's-Village Plaza LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Hnasko, Thomas)
April 25, 2023 Opinion or Order Filing 98 NOTICE of Motion Hearing on Plaintiff's Motion for Order to Show Cause and Memorandum in Support #81 , Motion for Extension of Time to Disclose Expert Witnesses #97 scheduled for 4/26/2023 at 10:15 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. The Court will schedule a Zoom session and provide connectivity details to the parties through separate notice/communication by the close of the business day immediately preceding the scheduled hearing. (lr) [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
April 19, 2023 Opinion or Order Filing 97 MOTION to Extend (other) for Extension of Time to Disclose Expert Witnesses by The Cincinnati Insurance Company. (Attachments: #1 Proposed Order) (Evans, Robert)
April 17, 2023 Opinion or Order Filing 96 CERTIFICATE OF SERVICE by Chisholm's-Village Plaza LLC (Plaintiff's Answers and Responses to Defendant Fidelity/Traveler's First Sets of Discovery) (Hnasko, Thomas)
April 10, 2023 Opinion or Order Filing 95 ORDER by Magistrate Judge Kevin R. Sweazea RESETTING status conference as to the time only. The April 26, 2023 Telephonic Status Conference is hereby RESET for 09:00 AM. The parties shall call (888) 398-2342 and enter code 8193818 to join the proceedings. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc)
April 4, 2023 Opinion or Order Filing 94 STIPULATED PROTECTIVE ORDER by District Judge James O. Browning GRANTING #92 Motion for Protective Order. (cmm)
March 31, 2023 Opinion or Order Filing 93 CERTIFICATE OF SERVICE by Chisholm's-Village Plaza LLC (Plaintiff's Expert Witness Disclosures) (Hnasko, Thomas)
March 24, 2023 Opinion or Order Filing 92 Unopposed MOTION for Protective Order Unopposed and Agreed Motion for Entry of a Protective Order by Travelers Commercial Insurance Company. (Attachments: #1 Exhibit Exhibit 1) (Feinberg, Daniel)
March 23, 2023 Opinion or Order Filing 91 ORDER before Magistrate Judge Kevin R. Sweazea granting #90 Unopposed Motion to Continue Telephone Status Conference. The Telephonic Status Conference is RESET for April 26, 2023 at 08:30 AM. The parties shall call (888) 398-2342 and enter code 8193818 to join the proceedings. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc)
March 23, 2023 Opinion or Order Filing 90 Unopposed MOTION to Continue Telephone Status Conference by The Cincinnati Insurance Company. (Attachments: #1 Proposed Order) (Evans, Robert)
March 16, 2023 Opinion or Order Filing 89 ORDER by Magistrate Judge Kevin R. Sweazea SETTING Telephonic Status Conference for April 20, 2023 at 10:30 AM to discuss setting a settlement conference. The parties shall call (888) 398-2342 and enter code 8193818 to join the proceedings. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc)
March 7, 2023 Opinion or Order Filing 88 ORDER by District Judge James O. Browning denying #58 Motion for Certification; denying #61 Motion for Certification (bap)
February 9, 2023 Opinion or Order Filing 87 NOTICE of Briefing Complete by Chisholm's-Village Plaza LLC re #81 MOTION for Order to Show Cause and Memorandum in Support filed by Chisholm's-Village Plaza LLC (Hnasko, Thomas)
February 9, 2023 Opinion or Order Filing 86 REPLY to Response to Motion re #81 MOTION for Order to Show Cause and Memorandum in Support filed by Chisholm's-Village Plaza LLC. (Hnasko, Thomas)
February 8, 2023 Opinion or Order Filing 85 CERTIFICATE OF SERVICE by Chisholm's-Village Plaza LLC (Plaintiff's First Set of Interrogatories and Requests for Production of Documents to Travelers Insurance Company) (Hnasko, Thomas)
February 6, 2023 Opinion or Order Filing 84 NOTICE by Chisholm's-Village Plaza LLC (Notice of Withdrawal and Substitution of Counsel) (Hnasko, Thomas)
February 2, 2023 Opinion or Order Filing 83 CERTIFICATE OF SERVICE by Chisholm's-Village Plaza LLC (Chisholm's First Set of Interrogatories and Requests for Production of Documents to Cincinnati Insurance Company) (Hnasko, Thomas)
January 26, 2023 Opinion or Order Filing 82 RESPONSE in Opposition re #81 MOTION for Order to Show Cause and Memorandum in Support filed by The Cincinnati Insurance Company. (Evans, Robert)
January 13, 2023 Opinion or Order Filing 81 MOTION for Order to Show Cause and Memorandum in Support by Chisholm's-Village Plaza LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Hnasko, Thomas)
December 5, 2022 Opinion or Order Filing 80 ORDER ADOPTING JOINT STATUS REPORT #69 by District Judge James O. Browning. (cmm) Modified on 12/6/2022 (bap).
December 5, 2022 Opinion or Order Filing 79 SCHEDULING ORDER by District Judge James O. Browning: Discovery due by 6/30/2023. Motions due by 7/31/2023. Pretrial Order due by 9/28/2023. Jury Selection/Trial set for 10/10/2023 at 09:00 AM (trailing docket) in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. Omnibus Hearing set for 8/31/2023 at 01:30 PM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. Pretrial Conference set for 9/29/2023 at 09:00 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (cmm)
October 20, 2022 Opinion or Order Filing 78 Clerk's Minutes for proceedings held before District Judge James O. Browning: Motion Hearing held on 10/20/2022 re #61 MOTION The Cincinnati Insurance Companys Motion for Certification Under 28 USC 1292(b) filed by The Cincinnati Insurance Company, #58 MOTION Fidelity and Guaranty Insurance Underwriters, Inc.'s Motion for Certification filed by Travelers Commercial Insurance Company. (Court Reporter J. Goehl) (cmm)
October 20, 2022 Opinion or Order Filing 77 NOTICE by Chisholm's-Village Plaza LLC (Amended Notice of Chisholm's-Village Plaza, LLC's Principals' Citizenship) (Hnasko, Thomas)
October 18, 2022 Opinion or Order Filing 76 NOTICE of Appearance by Jeremy Ian Martin on behalf of Chisholm's-Village Plaza LLC (Martin, Jeremy)
October 18, 2022 Opinion or Order Filing 75 NOTICE by The Cincinnati Insurance Company Intent To Appear Remotely At The Motion Hearing On October 20, 2022 (Evans, Robert)
October 12, 2022 Opinion or Order Filing 74 NOTICE by Chisholm's-Village Plaza LLC (Notice of Chisholm's-Village Plaza, LLC's Principals' Citizenship) (Hnasko, Thomas)
October 11, 2022 Opinion or Order Filing 73 NOTICE of Motion Hearing on Fidelity and Guaranty Insurance Underwriters, Inc.'s Motion For Certification Under 28 USC 1292(b) #58 , The Cincinnati Insurance Company's Motion For Certification Under 28 USC 1292(b) #61 scheduled for 10/20/2022 at 10:00 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. Should a party wish to appear remotely for this hearing they shall notify the Court by filing a written notice no later than 10/18/2022 indicating the preferred method of attendance (via telephone, via Zoom or any other desired method). Upon receipt of notification that one or more of the party(ies) wishes to appear remotely via Zoom the Court will schedule the Zoom session and provide connectivity details to the parties through separate notice/communication. Absent notification as indicated above, the Court will presume an in-person appearance is intended and plan accordingly. (lr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
October 7, 2022 Opinion or Order Filing 72 REPLY to Response to Motion re #61 MOTION The Cincinnati Insurance Companys Motion for Certification Under 28 USC 1292(b) filed by The Cincinnati Insurance Company. (Evans, Robert)
October 6, 2022 Opinion or Order Filing 71 NOTICE of Appearance by M. Eliza Stewart on behalf of Travelers Commercial Insurance Company (Stewart, M.)
September 30, 2022 Opinion or Order Filing 70 Clerk's Minutes for proceedings held before District Judge James O. Browning: Initial Scheduling Conference held on 9/30/2022. (Court Reporter J. Bean) (cmm)
September 29, 2022 Opinion or Order Filing 69 Joint Status Report and Provisional Discovery Plan by Chisholm's-Village Plaza LLC (Sakura, Julie)
September 26, 2022 Opinion or Order Filing 68 RESPONSE in Opposition re #61 MOTION The Cincinnati Insurance Companys Motion for Certification Under 28 USC 1292(b) (and Memorandum in Support) filed by Chisholm's-Village Plaza LLC. (Hnasko, Thomas)
September 23, 2022 Opinion or Order Filing 67 MEMORANDUM in Support Fidelity and Guaranty Insurance Underwriters, Inc.'s Reply in Support of Its Motion for Certification Under 28 USC #58 filed by Travelers Commercial Insurance Company. (Irvin, Jason) Modified text to add linkage on 9/26/2022 (bap).
September 22, 2022 Opinion or Order Filing 66 ORDER by District Judge James O. Browning granting #63 Motion for Extension of Time to File Joint Status Report and Provisional Discovery Plan. (cmm) Modified text on 9/23/2022 (bap).
September 21, 2022 Opinion or Order Filing 65 CERTIFICATE OF SERVICE by Chisholm's-Village Plaza LLC (Plaintiff Chisholm's Village Plaza, LLC's Initial Disclosures) (Hnasko, Thomas)
September 12, 2022 Opinion or Order Filing 64 ORDER by District Judge James O. Browning Granting #59 Motion to Continue Rule 16 Scheduling Conference. (cmm)
September 12, 2022 Opinion or Order Set/Reset Hearings: Rule 16 Scheduling Conference reset for 9/30/2022 at 08:30 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (cmm)
September 12, 2022 Opinion or Order Filing 63 Joint MOTION for Extension of Time to File Joint Status Report and Provisional Discovery Plan by Chisholm's-Village Plaza LLC. (Hnasko, Thomas)
September 12, 2022 Opinion or Order Filing 62 MEMORANDUM in Support re #61 MOTION The Cincinnati Insurance Companys Motion for Certification Under 28 USC 1292(b) by The Cincinnati Insurance Company. (Evans, Robert)
September 12, 2022 Opinion or Order Filing 61 MOTION The Cincinnati Insurance Companys Motion for Certification Under 28 USC 1292(b) by The Cincinnati Insurance Company. (Evans, Robert)
September 9, 2022 Opinion or Order Filing 60 RESPONSE in Opposition re #58 MOTION Fidelity and Guaranty Insurance Underwriters, Inc.'s Motion for Certification filed by Chisholm's-Village Plaza LLC. (Hnasko, Thomas)
September 2, 2022 Opinion or Order Filing 59 Unopposed MOTION to Continue Rule 16 Scheduling Conference by The Cincinnati Insurance Company. (Attachments: #1 Proposed Order) (Evans, Robert)
August 26, 2022 Opinion or Order Filing 58 MOTION Fidelity and Guaranty Insurance Underwriters, Inc.'s Motion for Certification by Travelers Commercial Insurance Company. (Irvin, Jason)
August 26, 2022 Opinion or Order Filing 57 MEMORANDUM in Support Fidelity and Guaranty Insurance Underwriters, Inc.'s Memorandum in Support of Its Motion for Certification Under 28 USC by Travelers Commercial Insurance Company. (Irvin, Jason)
August 17, 2022 Opinion or Order Filing 56 INITIAL SCHEDULING ORDER by District Judge James O. Browning. Joint Status Report due by 9/13/2022. A Rule 16 Scheduling Conference set for 9/14/2022 at 08:30 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (cmm)
August 16, 2022 Opinion or Order Filing 55 MEMORANDUM OPINION AND AMENDED ORDER by District Judge James O. Browning DENYING #28 Memorandum in Support, DENYING #42 MOTION for Summary Judgment ON THE DUTY TO DEFEND, and GRANTING #30 MOTION for Summary Judgment on Breach of the Duty to Defend. (cmm)
June 23, 2022 Opinion or Order Filing 54 NOTICE by The Cincinnati Insurance Company Statement of Citizenship (Evans, Robert)
June 23, 2022 Opinion or Order Filing 53 NOTICE of Attorney Substitution: JoHanna C Cox substituted for John A. Frase (Cox, JoHanna)
June 17, 2022 Opinion or Order Filing 52 NOTICE by Chisholm's-Village Plaza LLC (Plaintiff's Statement of Limited Liability Corporation Members and Citizenship) (Hnasko, Thomas)
June 14, 2022 Opinion or Order Filing 51 NOTICE Statement of Citizenship by Travelers Commercial Insurance Company. (Irvin, Jason) Modified text on 6/15/2022 (arp).
June 13, 2022 Opinion or Order Filing 50 MINUTE ORDER, pursuant to the direction of District Judge James O. Browning, directing all parties to file a statement or letter with the Court: (i) identifying all principal members of the LLC, and the citizenship of each respective principal; and/or (ii) identifying the state of incorporation and the principal place of business for each corporation. (lr)[THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
April 5, 2022 Opinion or Order Filing 49 NOTICE by Chisholm's-Village Plaza LLC (Notice of Withdrawal of Counsel- Dioscoro A. Blanco) (Hnasko, Thomas)
March 31, 2022 Opinion or Order Filing 48 ORDER by District Judge James O. Browning granting Defendant Fidelity and Guaranty Insurance Underwriter's Motion for Summary Judgment on the Duty to Defend #42 , denying Defendant Cincinnati Insurance's Motion for Summary Judgment, requested in Defendant Cincinnati Insurance Company's Memorandum of Law in Support of its Motion for Summary Judgment #28 , and granting in part and denying in part Plaintiff Chisholm's Village Plaza, LLC's Motion for Summary Judgment on Breach of Duty to Defend #30 . (lr)
January 6, 2022 Opinion or Order Filing 47 NOTICE of Attorney Substitution: John A Frase substituted for James G. Whitley (Frase, John)
November 3, 2021 Opinion or Order Filing 46 Clerk's Minutes for proceedings held before District Judge James O. Browning: Omnibus/Motion Hearing held on 11/3/2021. (Court Reporter J. Bean) (bap)
September 30, 2021 Opinion or Order Filing 45 REPLY Brief in Support re #30 MOTION for Summary Judgment on Breach of the Duty to Defend Consolidated Reply Brief in Futher Support of its Motion for Summary Judgment Oppostion Brief to Plaintiff's Cross Motion for Summary Judgment filed by Travelers Commercial Insurance Company. (Feinberg, Daniel) Modified text on 10/1/2021 (bap).
September 28, 2021 Opinion or Order Filing 44 RESPONSE in Opposition re #42 MOTION for Summary Judgment ON THE DUTY TO DEFEND filed by Chisholm's-Village Plaza LLC. (Hnasko, Thomas)
September 21, 2021 Opinion or Order Filing 43 MEMORANDUM in Support OF ITS MOTION FOR SUMMARY JUDGMENT ON THE DUTY TO DEFEND filed by Travelers Commercial Insurance Company. (Attachments: #1 Exhibit A) (Feinberg, Daniel)
September 21, 2021 Opinion or Order Filing 42 MOTION for Summary Judgment ON THE DUTY TO DEFEND by Travelers Commercial Insurance Company. (Feinberg, Daniel)
September 21, 2021 Opinion or Order Filing 41 NOTICE OF WITHDRAWAL OF DOCUMENT #25 Motion for Summary Judgment by Travelers Commercial Insurance Company (Feinberg, Daniel) Modified text to add linkage on 9/22/2021 (bap).
September 21, 2021 Opinion or Order Filing 40 NOTICE Motion Hearing set for 11/3/2021 at 09:00 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. (lr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
September 16, 2021 Opinion or Order Filing 39 ORDER by District Judge James O. Browning Approving Stipulation to Temporarily Stay Discovery and withdrawing #20 MOTION to Bifurcate filed by The Cincinnati Insurance Company. (bap)
April 23, 2021 Opinion or Order Filing 38 NOTICE of Briefing Complete by Chisholm's-Village Plaza LLC re #25 MOTION for Summary Judgment on the Duty to Defend filed by Travelers Commercial Insurance Company, #30 MOTION for Summary Judgment on Breach of the Duty to Defend filed by Chisholm's-Village Plaza LLC (Hnasko, Thomas)
April 22, 2021 Opinion or Order Filing 37 NOTICE of Appearance by Julie Sakura on behalf of Chisholm's-Village Plaza LLC (Sakura, Julie)
April 21, 2021 Opinion or Order Filing 36 REPLY to Response to Motion re #30 MOTION for Summary Judgment on Breach of the Duty to Defend filed by Chisholm's-Village Plaza LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Hnasko, Thomas)
April 15, 2021 Opinion or Order Filing 35 NOTICE by Chisholm's-Village Plaza LLC re #29 Notice (Other) of Agreed Extension for Plaintiff to File Reply in Support of Motion for Summary Judgment (Hnasko, Thomas)
April 2, 2021 Opinion or Order Filing 34 RESPONSE to Motion re #30 MOTION for Summary Judgment on Breach of the Duty to Defend and Consolidated Reply in Support of its Motion for Summary Judgment filed by The Cincinnati Insurance Company. (Attachments: #1 Exhibit 1) (Evans, Robert)
April 2, 2021 Opinion or Order Filing 33 REPLY to Response to Motion re #30 MOTION for Summary Judgment on Breach of the Duty to Defend Fidelity and Guaranty insurance underwriters, inc consolidated reply brief in further support of its motion for summary judgment/opposition brief to plaintiffs cross motion for summary judgment filed by Travelers Commercial Insurance Company. (Feinberg, Daniel) Modified text on 4/2/2021 (vv).
March 19, 2021 Opinion or Order Filing 32 Consolidated RESPONSE in Opposition to re #26 Brief, #28 Memorandum in Support, #27 Memorandum in Support, #25 MOTION for Summary Judgment on the Duty to Defend filed by Chisholm's-Village Plaza LLC. (Paisner, S.)
March 19, 2021 Opinion or Order Filing 31 MEMORANDUM in Support re #30 MOTION for Summary Judgment on Breach of the Duty to Defend filed by Chisholm's-Village Plaza LLC. (Paisner, S.)
March 19, 2021 Opinion or Order Filing 30 MOTION for Summary Judgment on Breach of the Duty to Defend by Chisholm's-Village Plaza LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Paisner, S.)
March 9, 2021 Opinion or Order Filing 29 NOTICE by Chisholm's-Village Plaza LLC re #25 MOTION for Summary Judgment on the Duty to Defend of Joint Agreed Extensions Regarding Summary Judgment Briefing (Hnasko, Thomas)
February 26, 2021 Opinion or Order Filing 28 MEMORANDUM in Support OF ITS MOTION FOR SUMMARY JUDGMENT filed by The Cincinnati Insurance Company. (Attachments: #1 Exhibits 1 through 3) (Evans, Robert)
February 26, 2021 Opinion or Order Filing 27 FILED IN ERROR-MEMORANDUM in Support OF ITS MOTION FOR SUMMARY JUDGEMENT filed by The Cincinnati Insurance Company. (Evans, Robert) Modified on 2/26/2021 (vv).
February 26, 2021 Opinion or Order Filing 26 BRIEF re #25 MOTION for Summary Judgment on the Duty to Defend In Support by Travelers Commercial Insurance Company (Attachments: #1 Exhibit A) (Feinberg, Daniel)
February 26, 2021 Opinion or Order Filing 25 MOTION for Summary Judgment on the Duty to Defend by Travelers Commercial Insurance Company. (Feinberg, Daniel)
February 1, 2021 Opinion or Order Filing 24 NOTICE of Change of Address by James G. Whitley (Whitley, James)
January 6, 2021 Opinion or Order Filing 23 Joint MOTION to Stay Discovery by Chisholm's-Village Plaza LLC. (Attachments: #1 Exhibit Stipulation to Stay Discovery) (Hnasko, Thomas)
December 23, 2020 Opinion or Order Filing 22 ORDER by Magistrate Judge Kevin R. Sweazea VACATING Rule 16 scheduling conference. Considering Judge Browning has been reassigned as the presiding judge, the telephonic Rule 16 scheduling conference set for January 11, 2021 and all associated deadlines are hereby vacated. The presiding judge will reschedule the hearing. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc)
December 23, 2020 Opinion or Order Filing 21 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge James O. Browning as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Magistrate Judge Gregory J. Fouratt no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
December 22, 2020 Opinion or Order Filing 20 MOTION to Bifurcate AND STAY DISCOVERY by The Cincinnati Insurance Company. (Evans, Robert)
December 2, 2020 Opinion or Order Filing 19 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that this matter will be reassigned to a district judge as the trial judge if written consents from all parties have not been filed by December 20, 2020. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (gbg)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
November 4, 2020 Opinion or Order Filing 18 INITIAL SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Telephonic Rule 16(c) Hearing set for January 11, 2021 at 09:30 AM. Joint Status Report due by January 4, 2021. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than November 25, 2020. (atc)
November 4, 2020 Opinion or Order Filing 17 Association Dues: $ 100 paid, receipt number # ALB048198 (ln)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
November 3, 2020 Opinion or Order Filing 16 Corporate Disclosure Statement by The Cincinnati Insurance Company identifying Corporate Parent Cincinnati Financial Corporation for The Cincinnati Insurance Company. (Evans, Robert)
November 3, 2020 Opinion or Order Filing 15 NOTICE by Travelers Commercial Insurance Company re 14 Association of Attorney Licensed Outside the District, Notice of Counsel Pro Hac Vice in Good Standing (Irvin, Jason)
November 3, 2020 Opinion or Order Filing 14 ASSOCIATION of Attorney Licensed Outside the District for Defendant Travelers Commercial Insurance Company by Jason J Irvin on behalf of: Daniel Feinberg Gordon Rees Scully Mansukhani, LLP 1 N. Franklin St., Suite 800Chicago, IL 60606 312-565-1400 dfeinberg@grsm.com (Association Dues - Deliver Payment) (Irvin, Jason)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
November 3, 2020 Opinion or Order Filing 13 ASSOCIATION of Attorney Licensed Outside the District for Defendant Travelers Commercial Insurance Company by Daniel E Feinberg (Association Dues - Deliver Payment) (Feinberg, Daniel)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
October 29, 2020 Opinion or Order Filing 12 Corporate Disclosure Statement by Travelers Commercial Insurance Company (Irvin, Jason)
October 29, 2020 Opinion or Order Filing 11 ANSWER to #4 Amended Complaint, by Travelers Commercial Insurance Company.(Irvin, Jason)
October 29, 2020 Opinion or Order Filing 10 NOTICE of Appearance by Jason J Irvin on behalf of All Defendants (Irvin, Jason)
October 23, 2020 Opinion or Order Filing 9 NOTICE by The Cincinnati Insurance Company re 8 Association of Attorney Licensed Outside the District, (Whitley, James)
October 23, 2020 Opinion or Order Association Dues Received: $ 100 receipt number ANMDC-7374316 re: # 8 Association of Attorney Licensed Outside the District, filed by The Cincinnati Insurance Company (Payment made via Pay.gov)(Whitley, James)
October 22, 2020 Opinion or Order Filing 8 ASSOCIATION of Attorney Licensed Outside the District for Defendant The Cincinnati Insurance Company by James G. Whitley on behalf of: Robert C. Evans EVANS & CO. 635 E. 5th AvenueDurango, CO 81301 970-259-2878 Fax 877-585-1401 revans@evanslawfirm.com (Association Dues - Online Payment) (Whitley, James)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
October 13, 2020 Opinion or Order Filing 7 ANSWER to #4 Amended Complaint, by The Cincinnati Insurance Company.(Whitley, James)
October 6, 2020 Opinion or Order Filing 6 AFFIDAVIT of Service for Amended Complaint, Notice of Judge Assignment and Withdrawal of Counsel served on The Cincinnati Insurance Company on 09-22-20, filed by Chisholm's-Village Plaza LLC. (Hnasko, Thomas)
October 5, 2020 Opinion or Order Filing 5 AFFIDAVIT of Service for Complaint, Ntc of Judge Assignment, Withdrawal of Counsel served on Travelers Commercial Insurance Company on 09-21-20, filed by Chisholm's-Village Plaza LLC. (Hnasko, Thomas)
September 15, 2020 Opinion or Order Summons Issued as to The Cincinnati Insurance Company, Travelers Commercial Insurance Company on Amended Complaint. (dr)
September 14, 2020 Opinion or Order Filing 4 AMENDED COMPLAINT FOR BREACH OF CONTRACT, VIOLATIONS OF THE NEW MEXICO INSURANCE PRACTICES ACT, BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING, NEGLIGENCE AND FOR DECLARATORY JUDGMENT against The Cincinnati Insurance Company, Travelers Commercial Insurance Company. terminating Will Burke and Burke Insurance Group., filed by Chisholm's-Village Plaza LLC. (Hnasko, Thomas)
September 14, 2020 Opinion or Order Filing 3 NOTICE by Chisholm's-Village Plaza LLC of Withdrawal of Counsel (Hnasko, Thomas)
September 9, 2020 Opinion or Order Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory J. Fouratt to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp)
September 9, 2020 Opinion or Order Filing 1 COMPLAINT for Breach of Contract, Violations of the NM Ins. Practices Act, Breach of Covenant of Good Faith and Fair Dealing, Negligence and for Declaratory Judgment against All Defendants ( Filing Fee - Online Payment), filed by Chisholm's-Village Plaza LLC. (Attachments: #1 Civil Cover Sheet)(Hnasko, Thomas)
September 9, 2020 Opinion or Order Filing and Administrative Fees Received: $ 400 receipt number ANMDC-7298168 re #1 Complaint, filed by Chisholm's-Village Plaza LLC (Payment made via Pay.gov)(Hnasko, Thomas)
September 9, 2020 Opinion or Order United States Magistrate Judge Gregory J. Fouratt and United States Magistrate Judge Kevin R. Sweazea assigned. (arp)
September 9, 2020 Opinion or Order Summons Issued as to All Defendants. (arp)

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Plaintiff: Chisholm's-Village Plaza LLC
Represented By: Thomas M. Hnasko
Represented By: Julie Sakura
Represented By: Dioscoro Blanco
Represented By: Lisa Gabrielle Zammiello
Represented By: Jeremy Ian Martin
Represented By: Timothy B Rode
Represented By: Dioscoro A Blanco
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Defendant: The Cincinnati Insurance Company
Represented By: James G. Whitley
Represented By: Robert C. Evans
Represented By: JoHanna C Cox
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Defendant: Burke Insurance Group
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Defendant: Will Burke
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Defendant: Travelers Commercial Insurance Company
Represented By: Jason J Irvin
Represented By: Daniel E Feinberg
Represented By: M. Eliza Stewart
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