Sagome, Inc. v. Cincinnati Insurance Company, The
| Colorado District Court | |
| Judge: | William J Martinez |
| Referred: | Gordon P Gallagher |
| Case #: | 1:21-cv-00097 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Jan 13, 2021 |
| Terminated: | Sep 21, 2021 |
| Case in other court: | Pitkin County District Court, 2020cv30111 |
| Last checked: Monday Jul 12, 2021 3:51 AM MDT |
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Defendant
Cincinnati Insurance Company, The
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Represented By
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Plaintiff
Sagome, Inc.
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Represented By
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GPO
Sep 21 2021
ORDER denying as moot 39 Motion to Stay; granting 21 Motion to Dismiss for Failure to State a Claim. Plaintiffs Complaint (ECF No. 3) is DISMISSED WITH PREJUDICE. The Clerk shall enter judgment in favor of Defendant Cincinnati Insurance Company and against Plaintiff Sagome, Inc. d/b/a LHostaria and shall terminate this case. Defendant shall have its costs upon the filing of a bill of costs in accordance with the procedures under Federal Rule of Civil Procedure 54(d) and D.C.COLO.LCivR 54.1. Entered by Judge William J. Martinez on 9/21/2021. (rkeec) Modified on 9/21/2021 to indicate Motion to Stay denied as moot (rkeec). |
| Docket last updated: 8 hours ago |
| Friday, February 10, 2023 | ||
| 48 | 48
appeal
USCA Mandate
Mon 02/13 11:42 AM
MANDATE of USCA as to42 Notice of Appeal, filed by Sagome, Inc.,47 USCA Judgment and Opinion. (USCA Case No. 21-1359 (trvo, ) |
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| Tuesday, January 03, 2023 | ||
| 47 | 47
appeal
USCA Order/Opinion/Judgment
Fri 01/06 11:46 AM
USCA Appeal from the United States District Court for the District of Colorado as to42 Notice of Appeal, filed by Sagome, Inc. : "we affirm the district court and deny Sagome's certification motion." (USCA Case No. 21-1359 (This document is not the Mandate)(angar, ) |
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Att: 1
Judgment
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| Friday, October 29, 2021 | ||
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appeal
Letter re Record Complete
Fri 10/29 10:09 AM
LETTER TO USCA and all counsel certifying the record is complete as to42 Notice of Appeal, filed by Sagome, Inc. A transcript order form was filed stating that a transcript is not necessary. (Appeal No. 21-1359 (Text Only Entry) (trvo, ) |
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| Thursday, October 28, 2021 | ||
| 45 | 45
appeal
Transcript Order Form
Thu 10/28 3:51 PM
TRANSCRIPT ORDER FORM re42 Notice of Appeal, by Plaintiff Sagome, Inc. (Minamizono, Susan) |
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| Friday, October 15, 2021 | ||
| 44 | 44
appeal
USCA Case Number
Fri 10/15 2:41 PM
USCA Case Number 21-1359 for42 Notice of Appeal, filed by Sagome, Inc. (trvo, ) |
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| 43 | 43
appeal
Letter Transmitting Notice of Appeal
Fri 10/15 12:19 PM
LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the42 Notice of Appeal, filed by Sagome, Inc. to the U.S. Court of Appeals for the Tenth Circuit. ( Retained Counsel, Fee paid)(trvo, ) |
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Att: 1
Docket Sheet,
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Att: 2
Preliminary Record
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| Thursday, October 14, 2021 | ||
| 42 | 42
appeal
Notice of Appeal - 10th Circuit
Thu 10/14 3:36 PM
NOTICE OF APPEAL as to40 Order on Motion to Stay,,, Order on Motion to Dismiss for Failure to State a Claim,,41 Clerk's Judgment by Plaintiff Sagome, Inc. (Filing fee $ 505, Receipt Number ACODC-8125733) (Minamizono, Susan) |
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| Tuesday, September 21, 2021 | ||
| 41 | 41
order
Judgment - Clerk
Tue 09/21 4:00 PM
FINAL JUDGMENT by Clerk in favor of Cincinnati Insurance Company, The against Sagome, Inc. on 9/21/2021. (rkeec) |
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8
pgs
order
Order on Motion to Stay Order on Motion to Dismiss for Failure to State a Claim
Tue 09/21 3:58 PM
ORDER denying as moot39 Motion to Stay; granting21 Motion to Dismiss for Failure to State a Claim. Plaintiffs Complaint (ECF No. 3) is DISMISSED WITH PREJUDICE. The Clerk shall enter judgment in favor of Defendant Cincinnati Insurance Company and against Plaintiff Sagome, Inc. d/b/a LHostaria and shall terminate this case. Defendant shall have its costs upon the filing of a bill of costs in accordance with the procedures under Federal Rule of Civil Procedure 54(d) and D.C.COLO.LCivR 54.1. Entered by Judge William J. Martinez on 9/21/2021. (rkeec) Modified on 9/21/2021 to indicate Motion to Stay denied as moot (rkeec) |
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| Friday, September 03, 2021 | ||
| 39 | 39
motion
Stay
Fri 09/03 3:40 PM
Unopposed MOTION to Stay Proceedings by Plaintiff Sagome, Inc..(Minamizono, Susan) |
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Att: 1
Exhibit 1
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| Friday, August 06, 2021 | ||
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order
Order on Motion to Supplement
Fri 08/06 12:08 PM
ORDER granting Defendant's Amended Second Unopposed Motion to Supplement Pleading with Additional Authority37 . Defendant's Motion is GRANTED for good cause shown. Defendant's Additional Authorities are ACCEPTED as filed. SO ORDERED by Judge William J. Martinez on 8/6/2021. Text Only Entry(wjmsec, ) |
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| Thursday, July 15, 2021 | ||
| 37 | 37
motion
Supplement
Thu 07/15 1:34 PM
Unopposed MOTION to Supplement AMENDED SECOND UNOPPOSED MOTION TO SUPPLEMENT PLEADING WITH ADDITIONAL AUTHORITY [21, 25] by Defendant Cincinnati Insurance Company, The. (Baniak, Michael) |
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| Thursday, July 08, 2021 | ||
| 36 | 36
order
Order on Motion to Supplement
Thu 07/08 4:32 PM
ORDER The Court has reviewed Defendant's Second Unopposed Motion to Supplement Pleading with Additional Authority35 . Because this is the third notice of supplemental authority submitted in this case by either party, see31 and33 , the Court finds it necessary to caution the parties about the manner in which they are providing such notices. Under WJM RPS III.K, "A notice of new relevant authority may be filed if the supplemental authority was issued after briefing on a motion has closed. Such a notice shall be limited to the case title, citation, date of decision, and a single-sentence reference to the issue to which the movant believes the new decision pertains (including a citation to the location in previously filed briefing where the issue has been raised). No comment, briefing, or responsive comment as to the significance or interpretation of the decision may be made absent further order from me." None of the notices of supplemental authority received thusfar provide a single-sentence reference to the pertinent issue or a citation to the location in the previously filed briefing where the issue has been raised. Moreover, the vast majority of the supplemental cases are from outside the Tenth Circuit, and thus are of limited value to the Court. Nonetheless, upon due consideration, the Court GRANTS Defendant's Motion to Supplement35 . However, the Court DIRECTS Defendant to submit a revised notice of supplemental authority by July 16, 2021, which complies with RPS III.K. The Court also advises Defendant to consider paring down its list of cases to those it believes are most relevant because, in the interest of judicial economy, the Court will likely not review the dozens of cases from outside the Tenth Circuit Defendant has currently and unhelpfully listed in string citation form. SO ORDERED by Judge William J. Martinez on 7/8/2021. Text Only Entry(wjmlc1, ) |
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| Tuesday, July 06, 2021 | ||
| 35 | 35
motion
Supplement
Tue 07/06 3:20 PM
Unopposed MOTION to Supplement Pleading with Additional Authority [21, 25] by Defendant Cincinnati Insurance Company, The. (Baniak, Michael) |
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| Tuesday, May 18, 2021 | ||
| 34 | 34
order
Order on Motion to Supplement
Tue 05/18 12:28 PM
ORDER granting Plaintiff's Unopposed Motion to File Notice of Supplemental Authorities in Support of Response to Defendant's Motion to Dismiss (Doc. 24)33 . Plaintiff's Motion is GRANTED for good cause shown. Plaintiff's Notice of Supplemental Authorities33 is ACCEPTED as filed. SO ORDERED by Judge William J. Martinez on 5/18/2021. Text Only Entry(wjmsec, ) |
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| Monday, May 17, 2021 | ||
| 33 | 33
motion
Supplement
Mon 05/17 4:52 PM
Unopposed MOTION to Supplement24 Response to Motion, (Notice of Supplemental Authorities) by Plaintiff Sagome, Inc..(Minamizono, Susan) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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| Thursday, May 13, 2021 | ||
| 32 | 32
order
Order on Motion to Supplement
Thu 05/13 4:02 PM
ORDER granting the Defendant's Motion to Supplement Pleading with Additional Authority31 . The Defendant's Motion is GRANTED for good cause shown. Defendant's Supplement with Additional Authority31 is ACCEPTED as filed. SO ORDERED by Judge William J. Martinez on 5/13/2021. Text Only Entry(wjmsec, ) |
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| Tuesday, May 11, 2021 | ||
| 31 | 31
motion
Supplement
Tue 05/11 3:45 PM
MOTION to Supplement21 MOTION to Dismiss for Failure to State a Claim and Supporting Memorandum ,25 Brief in Support of Motion by Defendant Cincinnati Insurance Company, The.(Baniak, Michael) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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| Thursday, May 06, 2021 | ||
| 30 | 30
order
Order on Motion to Supplement
Thu 05/06 4:52 PM
ORDER striking Defendant's Motion to Supplement Pleading with Additional Authority29 . Defendant's Motion is STRICKEN for failure to meaningfully comply with the conferral requirements of D.C.Colo.LCivR 7.1A. See Hoelzel v. First Select Corp. , 214 F.R.D. 634 (D. Colo. 2003). SO ORDERED by Judge William J. Martinez on 5/6/2021. Text Only Entry(wjmsec, ) |
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| Wednesday, May 05, 2021 | ||
| 29 | 29
motion
Supplement
Wed 05/05 2:13 PM
MOTION to Supplement21 MOTION to Dismiss for Failure to State a Claim and Supporting Memorandum ,25 Brief in Support of Motion by Defendant Cincinnati Insurance Company, The.(Baniak, Michael) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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| Wednesday, March 31, 2021 | ||
| 28 | 28
order
Scheduling Order
Fri 04/02 8:07 AM
SCHEDULING ORDER: by Magistrate Judge Gordon P. Gallagher on 3/31/21. Designation of Affirmative Experts due by 10/1/2021. Discovery due by 12/13/2021. Dispositive Motions due by 1/24/2022. Designation of Rebuttal Experts due by 11/1/2021. Discovery Update due by 11/15/21. (nmarb, ) |
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| 27 | 27
minutes
Scheduling Conference
Wed 03/31 3:39 PM
MINUTE ENTRY for proceedings held before Magistrate Judge Gordon P. Gallagher: Scheduling Conference held on 3/31/2021. Scheduling Order entered. Joint, written discovery status report due 11/15/2021. APPEARANCES all via telephone: Susan Minamizono for Plaintiff; and Michael Baniak and Conor Byle for Defendant. FTR: Grand Junction. (gpgsec, ) |
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| Tuesday, March 23, 2021 | ||
| 26 | 26
misc
Proposed Scheduling Order
Tue 03/23 6:52 PM
Proposed Scheduling Order Agreed to by the Parties by Defendant Cincinnati Insurance Company, The. (Baniak, Michael) |
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| Wednesday, March 17, 2021 | ||
| 25 | 25
respm
Brief in Support of Motion
Wed 03/17 2:02 PM
BRIEF in Support of21 MOTION to Dismiss for Failure to State a Claim and Supporting Memorandum filed by Defendant Cincinnati Insurance Company, The.(Baniak, Michael) |
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Att: 1
Exhibit E,
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Att: 2
Exhibit F
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| Wednesday, March 03, 2021 | ||
| 24 | 24
respm
Response to Motion
Wed 03/03 4:15 PM
RESPONSE to21 MOTION to Dismiss for Failure to State a Claim and Supporting Memorandum filed by Plaintiff Sagome, Inc..(Minamizono, Susan) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7
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| Thursday, February 18, 2021 | ||
| 23 | 23
order
Order on Motion for Extension of Time to File Response/Reply
Thu 02/18 12:59 PM
ORDER granting Plaintiff's Unopposed Motion for Extension of Time to File Response to Defendants Motion to Dismiss (Doc. 21)22 . Plaintiff is granted leave, for good cause shown, to file said Response on or before March 3, 2021 . SO ORDERED by Judge William J. Martinez on 2/18/2021. Text Only Entry(wjmsec, ) |
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| Monday, February 15, 2021 | ||
| 22 | 22
motion
Extension of Time to File Response/Reply
Mon 02/15 3:10 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to21 MOTION to Dismiss for Failure to State a Claim and Supporting Memorandum by Plaintiff Sagome, Inc.. (Minamizono, Susan) |
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| Wednesday, January 27, 2021 | ||
| 21 | 21
motion
Dismiss for Failure to State a Claim
Wed 01/27 3:19 PM
MOTION to Dismiss for Failure to State a Claim and Supporting Memorandum by Defendant Cincinnati Insurance Company, The.(Baniak, Michael) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D
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| Monday, January 25, 2021 | ||
| 20 | 20
order
Order
Mon 01/25 2:37 PM
ORDER: Scheduling Conference which had been set with Magistrate Judge Neureiter for 3/30/2021 10:30 AM is hereby Vacated and reset for the same time and date, 3/30/2021 10:30 AM, but in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. Parties shall appear telephonically by calling 888-363-4749, Access Code 3136546#, at the time of the hearing. Proposed Scheduling Order is due one week prior. By Magistrate Judge Gordon P. Gallagher on January 25, 2021. Text Only Entry (gpgsec, ) |
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| Thursday, January 21, 2021 | ||
| 19 | 19
order
Order
Thu 01/21 1:41 PM
ORDER: This matter has its factual nexus in Pitkin County. According to the Court's Revised Jury Plan for Random Jury Selection, this case is therefore properly designated for Jury Division 3. Because the jury will be drawn from that Division, it is appropriate that the case be managed, for pretrial purposes, by Magistrate Judge Gallagher in Grand Junction. Accordingly, pursuant to D.C. Colo. L. Civ. R. 40.1(a), and as approved by the Chief Judge of the Court, the undersigned directs that the Clerk of the Court reassign this action to Magistrate Judge Gallagher as the referral judge. All further pleadings in this case shall reflect the case number of 21-cv-0097-WJM-GPG. SO ORDERED by Judge William J. Martinez on 1/21/2021. Text Only Entry (wjmsec, ) |
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| Wednesday, January 20, 2021 | ||
| 18 | 18
order
Order
Wed 01/20 3:30 PM
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2020 and as they may be amended from time to time), which may be downloaded here. SO ORDERED by Judge William J. Martinez on 1/ 20/2021. Text Only Entry (wjmsec, ) |
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| 17 | 17
order
Order Referring Case to Magistrate Judge
Wed 01/20 3:29 PM
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Magistrate Judge Neureiter, or such other Magistrate Judge who may in the future be reassigned this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). 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, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 1/20/2021. Text Only Entry (wjmsec, ) |
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| 16 | 16
misc
Letter Reassigning Case
Wed 01/20 8:43 AM
CASE REASSIGNED pursuant to15 . All parties do not consent. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 21-cv-00097-WJM. (Text Only Entry) (cmadr, ) |
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| 15 | 15
misc
Consent to Jurisdiction of Magistrate Judge
Wed 01/20 8:35 AM
CONSENT to Jurisdiction of Magistrate Judge by Defendant Cincinnati Insurance Company, The All parties do not consent.. (Boyle, Conor) |
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| Tuesday, January 19, 2021 | ||
| 14 | 14
1
pgs
order
Order on Motion for Extension of Time to Answer or Otherwise Respond
Tue 01/19 12:19 PM
Minute ORDER by Magistrate Judge N. Reid Neureiter on 19 January 2021. It is hereby ORDERED that Defendant's Unopposed Motion for Extension of Time to Respond (Dkt. #13 ) is GRANTED. Defendant shall answer or otherwise respond to Plaintiff's Complaint (Dkt. #3 ) on or before January 27, 2021. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, ) |
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| 13 | 13
motion
Extension of Time to File Answer or Otherwise Respond
Tue 01/19 11:47 AM
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re3 Complaint by Defendant Cincinnati Insurance Company, The. (Baniak, Michael) |
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| Thursday, January 14, 2021 | ||
| 12 | 12
notice
Notice of Entry of Appearance
Thu 01/14 12:48 PM
NOTICE of Entry of Appearance by Michael Paul Baniak on behalf of Cincinnati Insurance Company, The Attorney Michael Paul Baniak added to party Cincinnati Insurance Company, The (pty:dft) (Baniak, Michael) |
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| 11 | 11
2
pgs
order
Order
Thu 01/14 9:46 AM
ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NON-CONSENT FORM by Magistrate Judge N. Reid Neureiter on 14 January 2021. Consent Form due by 3/9/2021. Proposed Scheduling Order due 3/23/2021. Scheduling Conference set for 3/30/2021 10:30 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. (cmadr, ) |
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| Wednesday, January 13, 2021 | ||
| 10 | 10
notice
Notice of Entry of Appearance
Wed 01/13 5:23 PM
NOTICE of Entry of Appearance by Bradley Aaron Levin on behalf of Sagome, Inc.Attorney Bradley Aaron Levin added to party Sagome, Inc.(pty:pla) (Levin, Bradley) |
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| 9 | 9
notice
Notice of Entry of Appearance
Wed 01/13 5:22 PM
NOTICE of Entry of Appearance by Susan S. Minamizono on behalf of Sagome, Inc.Attorney Susan S. Minamizono added to party Sagome, Inc.(pty:pla) (Minamizono, Susan) |
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| 8 | 8
misc
Corporate Disclosure Statement
Wed 01/13 11:55 AM
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Cincinnati Financial Corporation for Cincinnati Insurance Company, The. (Boyle, Conor) |
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| 7 | 7
misc
Magistrate Judge Consent Form
Wed 01/13 10:51 AM
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (alave, ) |
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| 6 | 6
misc
Case Assigned to Judge
Wed 01/13 10:51 AM
Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry. (alave, ) |
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| 5 | 5
2
pgs
misc
Order - State Court
Wed 01/13 10:49 AM
STATE COURT ORDER GRANTING Unopposed Motion for Extension of Time to Respond to Complaint. By Jonathan Bruce Pototsky, Pitkin County Court Judge on 01/07/2021. (alave, ) |
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| 4 | 4
service
Affidavit/Return of Service - Other than Complaint
Wed 01/13 10:47 AM
AFFIDAVIT/RETURN of Service of Civil Summons and Civil Complaint and Jury Demand upon The Cincinnati Insurance Company on 12/11/2020. (alave, ) |
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| 3 | 3
cmp
Complaint
Wed 01/13 10:45 AM
COMPLAINT AND JURY DEMAND against Cincinnati Insurance Company, The, filed by Sagome, Inc..(alave, ) |
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| 2 | 2
misc
Notice to Attorney(s) in Removed, Transferred or Other Cases
Wed 01/13 10:26 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) (alave, ) |
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| 1 | 1
notice
Notice of Removal
Wed 01/13 9:25 AM
NOTICE OF REMOVAL by The Cincinnati Insurance Company from Pitkin County District Court, Case Number 2020cv30111. (Filing fee $ 402, Receipt Number 1082-7668687), filed by The Cincinnati Insurance Company.(Boyle, Conor) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit A - Complaint and Jury Demand,
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Att: 3
Exhibit B - Summons,
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Att: 4
Exhibit C - Affidavit of Service,
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Att: 5
Exhibit D - District Court Civil Case Cover Sheet,
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Att: 6
Exhibit E - OH Secretary of State for Cincinnati Insurance Company,
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Att: 7
Exhibit F - Docket from State Court,
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Att: 8
Exhibit G - Delay Reduction Order,
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Att: 9
Exhibit H - Unopposed Motion for Extension of Time to Respond to Complaint,
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Att: 10
Exhibit I - Order Granting Unopposed Motion for Extension of Time to Respond to Complaint
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