APPLEWOOD LLC v. ACUITY, A Mutual Insurance Company

Colorado District Court
Judge:Daniel D Domenico
Case #: 1:25-cv-00767
Nature of Suit110 Contract - Insurance
Cause28:1332 Diversity-Breach of Contract
Case Filed:Mar 10, 2025
Last checked: Friday Apr 25, 2025 3:22 AM MDT
Defendant
Acuity, A Mutual Insurance Company
Represented By
Timothy R. Fiene
Nathan Dumm & Mayer PC
contact info
Plaintiff
Applewood LLC
Represented By
Richard A. Orona
Orona Garcia & Galves PC
contact info
John J. Mattey
John J. Mattey, LLC
contact info


Docket last updated: 05/13/2025 11:59 PM MDT
Monday, May 12, 2025
24 24 11 pgs order Scheduling Order Mon 05/12 3:06 PM
SCHEDULING ORDER: Discovery due by 3/6/2026. Dispositive Motions due by 4/17/2026. By Magistrate Judge Maritza Dominguez Braswell on 5/12/2025. (evaug )
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Thursday, May 08, 2025
23 23 order Order Referring Case to Magistrate Judge Thu 05/08 8:17 AM
ORDER REFERRING CASE to Magistrate Judge Maritza Dominguez Braswell. 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 5/8/2025. Text Only Entry. (rkeec)
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Wednesday, May 07, 2025
22 22 misc Letter Reassigning Case Wed 05/07 3:53 PM
CASE REASSIGNED Pursuant to21 notice election concerning non-consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Maritza Dominguez Braswell for all further proceedings. All future pleadings should be designated as 25-cv-00767-DDD. (Text Only Entry) (jrobe, )
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21 21 3 pgs notice Notice (Other) Wed 05/07 2:24 PM
NOTICE Election Concerning Consent Non-Consent to United States Magistrate Judge Jurisdiction by Defendant Acuity, A Mutual Insurance Company (Fiene, Timothy)
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20 20 10 pgs misc Proposed Scheduling Order Wed 05/07 2:06 PM
Proposed Scheduling Order by Defendant Acuity, A Mutual Insurance Company. (Fiene, Timothy)
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Thursday, April 17, 2025
19 19 2 pgs notice Notice of Entry of Appearance Thu 04/17 1:48 PM
NOTICE of Entry of Appearance of Richard A. Orona by Richard A. Orona on behalf of Applewood LLCAttorney Richard A. Orona added to party Applewood LLC(pty:pla) (Orona, Richard)
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Monday, April 07, 2025
18 18 2 pgs notice Notice (Other) Mon 04/07 5:45 AM
NOTICE Corporate Disclosure Statement - Corrected by Plaintiff Applewood LLC (Mattey, John)
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Thursday, April 03, 2025
17 17 order Minute Order Thu 04/03 4:43 PM
MINUTE ORDER: Plaintiff's16 Disclosure Statement indicates it's a Colorado LLC with a principal place of business in Colorado. However, when determining whether an LLC is diverse from opposing parties, the LLC's place of formation and principal place of business are immaterial. Instead, an LLC's citizenship is based on the citizenship of its members . Siloam Springs Hotel, L.L.C. v. Century Sur. Co. , 781 F.3d 1233, 1234 (10th Cir. 2015) ("[A]n LLC, as an unincorporated association, takes the citizenship of all its members."). Accordingly, Plaintiff is directed to file a revised disclosure statement on or before April 10, 2025. By Magistrate Judge Maritza Dominguez Braswell on 4/3/2025. Text Only Entry (mdblc1)
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Wednesday, April 02, 2025
16 16 2 pgs notice Notice (Other) Wed 04/02 9:53 AM
NOTICE Corporate Disclosure Statement by Plaintiff Applewood LLC (Mattey, John)
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Friday, March 28, 2025
15 15 1 pgs notice Notice (Other) Fri 03/28 10:54 AM
NOTICE State Docket Sheet by Defendant Acuity, A Mutual Insurance Company (Fiene, Timothy)
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Wednesday, March 19, 2025
14 14 3 pgs misc Corporate Disclosure Statement Wed 03/19 12:12 PM
CORPORATE DISCLOSURE STATEMENT. (Fiene, Timothy)
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Monday, March 17, 2025
13 13 2 pgs notice Notice of Entry of Appearance Mon 03/17 12:22 PM
NOTICE of Entry of Appearance by John J. Mattey on behalf of Applewood LLCAttorney John J. Mattey added to party Applewood LLC(pty:pla) (Mattey, John)
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Thursday, March 13, 2025
12 12 4 pgs order Order Thu 03/13 4:40 PM
ORDER SETTING INITIAL CASE DEADLINES. Consent Form due by 5/7/2025. Proposed Scheduling Order due 5/7/2025. By Magistrate Judge Maritza Dominguez Braswell on 3/13/2025. (evaug)
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11 11 order Minute Order Thu 03/13 3:37 PM
MINUTE ORDER: Defendant removed this case to federal court pursuant to 28 U.S.C. § 1332(a). See ECF1 . Under Rule 7.1 of the Federal Rules of Civil Procedure, "[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." Fed. R. Civ. P. 7.1(a)(2). This disclosure statement is to be filed "when the action is filed in... federal court," Fed. R. Civ. P. 7.1(a)(2)(A), or at the time of the party's "first appearance, pleading, petition, motion, response, or other request addressed to the court." Fed. R. Civ. P. 7.1(b)(1). Accordingly, it is ORDERED that, on or before March 20, 2025, Defendant shall file its Rule 7.1 disclosure statement, and within seven days of Plaintiff's appearance in this matter, Plaintiff shall file a Rule 7.1 disclosure statement. The parties are reminded that an LLC takes on the citizenship of all of its members. See Siloam Springs Hotel, LLC v. Century Sur. Co. , 781 F.3d 1233, 1237-38 (10th Cir. 2015). By Magistrate Judge Maritza Dominguez Braswell on 3/13/2025. Text Only Entry (mdblc1)
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Tuesday, March 11, 2025
10 10 4 pgs misc Magistrate Judge Consent Form Tue 03/11 8:24 AM
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (agryan)
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9 9 misc Reassigning Judge Tue 03/11 8:23 AM
REASSIGNING JUDGE. This case was incorrectly assigned, therefore this action is randomly reassigned to Magistrate Judge Maritza Dominguez Braswell,. All future pleadings should be designated as 25-cv-00767-MDB. (Text Only Entry) (agryan)
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8 8 misc Case Assigned to Judge Tue 03/11 8:21 AM
Case assigned to Magistrate Judge Timothy P O'Hara. Text Only Entry. (agryan)
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7 7 service Affidavit/Return of Service - Other than Complaint Tue 03/11 8:20 AM
RETURN of Service of Amended Complaint with Jury Demand, Civil Cover Sheet, and Summons upon Acuity, A Mutual Insurance Company on 02/24/2025.(agryan)
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6 6 cmp Amended Complaint Tue 03/11 8:19 AM
AMENDED COMPLAINT AND JURY DEMAND against Acuity, A Mutual Insurance Company, filed by Applewood LLC.(agryan)
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5 5 service Affidavit/Return of Service - Other than Complaint Tue 03/11 8:18 AM
RETURN of Service of District Court Summons, Complaint with Jury Demand and District Court Civil Case Cover Sheet upon Acuity, A Mutual Insurance Company on 02/06/2025. (agryan)
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4 4 cmp Complaint Tue 03/11 8:17 AM
COMPLAINT AND JURY DEMAND against Acuity, A Mutual Insurance Company, filed by Applewood LLC.(agryan)
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3 3 misc Notice to Attorney(s) in Removed, Transferred or Other Cases Tue 03/11 8:16 AM
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) (agryan)
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2 2 misc Removal: Administrative Notices Tue 03/11 8:12 AM
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.) (agryan)
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Monday, March 10, 2025
1 1 notice Notice of Removal Mon 03/10 6:08 PM
NOTICE OF REMOVAL by ACUITY, A Mutual Insurance Company from District Court, El Paso County, Colorado, Case Number 2025CV30260. (Filing fee $ 405, Receipt Number ACODC-10204248), filed by ACUITY, A Mutual Insurance Company.(Fiene, Timothy)
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Att: 1 Exhibit A - Complaint and Jury Demand,
Att: 2 Exhibit B - Amended Complaint and Jury Demand,
Att: 3 Exhibit C - State Civil Cover Sheet,
Att: 4 Exhibit D - Corporate Disclosure Statement,
Att: 5 Exhibit E - Summons and Affidavit of Service of Initial Complaint,
Att: 6 Exhibit F - Summons and Affidavit of Service of Amended Complaint,
Att: 7 Exhibit G - Notice Pursuant to 28 USC 1446(d),
Att: 8 Civil Cover Sheet H - U.S. District Court Civil Cover Sheet,
Att: 9 10 pgs Exhibit I - Acuity Answer to Amended Complaint