American Family Mutual Ins. Co S.I. v. Scottsdale Insurance Company

Colorado District Court
Judge:Daniel D Domenico
Referred: Richard T Gurley
Case #: 1:24-cv-01785
Nature of Suit110 Contract - Insurance
Cause28:1332 Diversity-Breach of Contract
Case Filed:Jun 26, 2024
Terminated:Jan 30, 2025
Case in other court:Mesa County District Court, 2023CV30267
Last checked: Monday Dec 23, 2024 1:18 AM MST
Defendant
Scottsdale Insurance Company
Represented By
Nicholas Bowles Klann
White And Steele, P.C.
contact info
Colin L. Enger
Bodie Enger Law, LLC
contact info
Plaintiff
American Family Mutual Ins. Co. S.I.
Represented By
Colin L. Enger
Bodie Enger Law, LLC
contact info


Docket last updated: 07/14/2025 11:59 PM MDT
Thursday, January 30, 2025
27 27 utility Terminate Civil Case - PUBLIC Set/Clear Flags Fri 01/31 10:59 AM
Civil Case ADMINISTRATIVELY CLOSE pursuant to 26 Order filed in this case on 01/30/2025. (Text Only Entry) (ggill, )
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26 26 order Order Thu 01/30 12:34 PM
ORDER re: 25 Order Granting Motion to Stay Case. The Clerk of Court is DIRECTED to ADMINISTRATIVELY CLOSE this case pursuant to Local Civil Rule 41.2, subject to reopening for good cause upon a determination of Margaret Coleman's damages in Coleman et al. v. Nationwide Ins. Co. et al. , No. 1:24-cv-02126-GPG-SBP (D. Colo. filed Aug. 1, 2024), or upon other resolution of the case. See Blair v. Fred Loya Ins. Co. , No. 15-cv-02397-CMA-KLM, 2015 WL 9487979, at *2 to *3 (D. Colo. Dec. 10, 2015) (administrative closure is equivalent to a stay, and is routinely employed when a case would otherwise be stayed for an indefinite period of time). SO ORDERED by Judge Daniel D. Domenico on 1/30/2025. Text Only Entry (dddlc10)
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Tuesday, January 14, 2025
25 25 order Order on Motion to Stay Tue 01/14 11:03 AM
ORDER granting23 Motion to Stay Case. Plaintiff and Defendant jointly request this court enter an order staying this case and vacating the conferences and deadlines in the scheduling order until a determination of the insured, Margaret Colemans damages is made in the related case, Coleman et al. v. Nationwide Insurance Company et al.: 24-cv-02126, or until the parties are able to resolve this case without further litigation. The Court agrees this is the prudent course based upon the information outlined in the motion. All future court conferences and deadlines in the scheduling order are stayed until Margaret Colemans damages are determined in Coleman et. al. v. Nationwide Insurance Company et. al.: 24-cv-02126, or until the parties are otherwise able to resolve the case. For the benefit of counsel, the Court advises that Margaret Coleman is a friend of mine and to the extent any party feels that presents a conflict of interest for me remaining on this case as the referral Magistrate Judge they are to file a pleading to that effect. However, given the nature of this joint motion, the Court did not feel as though my relationship with Mrs. Coleman was an impediment to me entering this order. The parties are to set this matter for a Scheduling Conference within 21 days of when Mrs. Colemans damages are determined in the related case if the matter is not otherwise resolved by then. by Magistrate Judge Richard T. Gurley on January 14, 2025. Text Only Entry(Gurley, Richard)
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Monday, January 13, 2025
24 24 order Order Referring Motion Mon 01/13 11:06 AM
ORDER REFERRING MOTION:23 Joint MOTION to Stay Case filed by American Family Mutual Ins. Co. S.I. Motion referred to Magistrate Judge Richard T. Gurley by Judge Daniel D. Domenico on 1/13/2025. Text Only Entry (dddlc10)
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Friday, January 10, 2025
23 23 motion Stay Fri 01/10 4:24 PM
Joint MOTION to Stay Case by Plaintiff American Family Mutual Ins. Co. S.I..(Enger, Colin)
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Att: 1 Proposed Order (PDF Only) to Stay Case
Tuesday, October 08, 2024
22 22 minutes Amended Wed 10/09 2:15 PM
MINUTE ENTRY for proceedings held before Magistrate Judge Richard T. Gurley: Amended re21 Scheduling Conference. Amended to correct case number in case caption. FTR: Grand Junction, CO. (msmot, )
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21 21 minutes Scheduling Conference ~Util - Set/Reset Hearings Tue 10/08 4:08 PM
MINUTE ENTRY for proceedings held before Magistrate Judge Richard T. Gurley: Scheduling Conference held on 10/8/2024, Set/Reset Hearings:( Status Conference set for 1/15/2025 10:00 AM in Room 323 (Grand Junction) before Magistrate Judge Richard T. Gurley., Status Conference set for 7/31/2025 10:00 AM in Room 323 (Grand Junction) before Magistrate Judge Richard T. Gurley.). FTR: Grand Junction, CO. (msmot, )
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20 20 order Scheduling Order Tue 10/08 3:03 PM
SCHEDULING ORDER: Discovery due by 4/25/2025. Dispositive Motions due by 5/16/2025. SO ORDERED by Magistrate Judge Richard T. Gurley on 10/8/2024. (rkeec)
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Thursday, October 03, 2024
19 19 order Order on Motion for Hearing/Conference Thu 10/03 11:35 AM
ORDER granting17 Motion for Hearing/Conference: Scheduling Conference set for 10/8/2024 11:00 AM in Room 323 (Grand Junction) before Magistrate Judge Richard T. Gurley. By Magistrate Judge Richard T. Gurley on October 3, 2024. Text Only Entry(gpglc3)
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Wednesday, October 02, 2024
18 18 order Order Referring Motion Wed 10/02 2:47 PM
ORDER REFERRING MOTION:17 MOTION for Hearing/Conference filed by Scottsdale Insurance Company. Motion referred to Magistrate Judge Richard T. Gurley by Judge Daniel D. Domenico on 10/02/2024. Text Only Entry (dddlc10)
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Tuesday, October 01, 2024
17 17 motion Hearing/Conference Tue 10/01 2:04 PM
MOTION for Hearing/Conference by Defendant Scottsdale Insurance Company. (Klann, Nicholas)
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Tuesday, September 10, 2024
16 16 2 pgs order Order Tue 09/10 4:17 PM
MINUTE ORDER This case has been reassigned to Magistrate Judge Richard T. Gurley. See ECF No. 15. Accordingly, it is hereby ORDERED that the Scheduling Conference set for September 12, 2024 at 9;30 a.m. is VACATED. The parties are directed to promptly contact Judge Gurleys chambers to reschedule. PLEASE READ ATTACHED MINUTE ORDER. Entered By Magistrate Judge N. Reid Neureiter on 9/10/2024. (norlin, )
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15 15 misc Reassigning Magistrate Judge Tue 09/10 3:42 PM
Reassigning Magistrate Judge. In accordance with D.C.COLO.LCivR 40.1(a) and with approval of the Chief Judge, this case is reassigned to United States Magistrate Judge Richard T. Gurley in the referral capacity. All future pleadings should be designated as 24-cv-01785-DDD-RTG. (Text Only Entry) (agarc, )
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Thursday, September 05, 2024
14 14 misc Consent to Jurisdiction of Magistrate Judge Thu 09/05 4:19 PM
CONSENT to Jurisdiction of Magistrate Judge by Defendant Scottsdale Insurance Company All parties do not consent.. (Klann, Nicholas)
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13 13 misc Proposed Scheduling Order Thu 09/05 4:10 PM
Proposed Scheduling Order by Defendant Scottsdale Insurance Company. (Klann, Nicholas)
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Wednesday, August 07, 2024
12 12 notice Notice of Entry of Appearance Wed 08/07 10:37 AM
NOTICE of Entry of Appearance by Colin L. Enger on behalf of Scottsdale Insurance CompanyAttorney Colin L. Enger added to party Scottsdale Insurance Company(pty:dft) (Enger, Colin)
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Wednesday, June 26, 2024
11 11 2 pgs order Order Wed 06/26 2:34 PM
ORDER SETTING SCHEDULING/PLANNING CONFERENCE Counsel shall comply with the First and Final Notice to All Attorney(s) and Unrepresented Parties in Removed, Transferred or Other Cases (Dkt. # 2 ) A Scheduling/Planning Conference pursuant to Fed.R.Civ.P.16(b) shall be held on: September 12, 2024 at 9:30 a.m. in Courtroom A-401, Fourth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294 The Scheduling Conference will be conducted via telephone. Five minutes prior to the start of the hearing, the parties are directed to call the conference line as a participant at (571) 353-2301, Access Code 841686937# . If this date is not convenient for any counsel/pro se party, he/she should confer with opposing counsel/pro se party and file a motion to reschedule the conference to a more convenient date. Absent exceptional circumstances, no request for rescheduling any appearance in this court will be entertained unless a motion is filed no less than FIVE (5) business days in advance of the date of appearance. PLEASE READ ATTACHED ORDER. Entered by Magistrate Judge N. Reid Neureiter on 6/26/2024. (norlin, )
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10 10 notice Notice of Entry of Appearance Wed 06/26 1:32 PM
NOTICE of Entry of Appearance by Nicholas Bowles Klann on behalf of Scottsdale Insurance Company (Klann, Nicholas)
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9 9 order Order Referring Case to Magistrate Judge Wed 06/26 1:10 PM
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. 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 Daniel D. Domenico on 6/26/2024. Text Only Entry. (rkeec)
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8 8 misc Magistrate Judge Consent Form Wed 06/26 12:54 PM
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (efoga, )
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7 7 misc Case Assigned to Judge Wed 06/26 12:54 PM
Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry (efoga, )
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6 6 2 pgs misc Order - State Court Wed 06/26 12:52 PM
STATE COURT ORDER Granting Stipulated Motion to Dismiss Defendants Certain Underwriters At Lloyd's of London Subscribing to Policy No. ENF0002404 and Correcycling, Inc. only with Prejudice. By Matthew David Barrett, District Court Judge, Mesa County on 6/18/2024. (efoga, )
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5 5 service Affidavit/Return of Service - Other than Complaint Wed 06/26 12:49 PM
AFFIDAVIT/RETURN of Service of Amended complaint, and Case Cover Sheet upon Scottdale Insurance Company on 10/6/2023 (efoga, )
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4 4 cmp Amended Complaint Wed 06/26 12:48 PM
AMENDED COMPLAINT against Scottsdale Insurance Company, filed by American Family Mutual Ins. Co. S.I..(efoga, )
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3 3 cmp Complaint Wed 06/26 12:47 PM
COMPLAINT against Scottsdale Insurance Company, filed by American Family Mutual Ins. Co. S.I..(efoga, )
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2 2 misc Notice to Attorney(s) in Removed, Transferred or Other Cases Wed 06/26 12:46 PM
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) (efoga, )
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1 1 notice Notice of Removal Wed 06/26 12:04 PM
NOTICE OF REMOVAL by Scottsdale Insurance Company from Mesa County District Court, Case Number 2023CV30267. (Filing fee $ 405, Receipt Number ACODC-9749169), filed by Scottsdale Insurance Company.(Klann, Nicholas)
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Att: 1 Civil Cover Sheet,
Att: 2 Exhibit A - Complaint,
Att: 3 Exhibit B - Amended Complaint,
Att: 4 Exhibit C - Scottsdale ROS,
Att: 5 Exhibit D - SOS Information for Plaintiff,
Att: 6 Exhibit E - Ohio SOS Docs for Defendant,
Att: 7 Exhibit F - Civil Case Cover Sheet,
Att: 8 Exhibit G - Stipulated Motion to Dismiss Certain Underwriters and Correcycling,
Att: 9 Exhibit H - Order to Dismiss Certain Underwriters and Correcyling,
Att: 10 Exhibit I - Register of Actions and Pleadings