Colorado District Court
Judge:Gordon P Gallagher
Referred: Susan Prose
Case #: 1:24-cv-00994
Nature of Suit110 Contract - Insurance
Cause28:1332 Diversity-Breach of Contract
Case Filed:Apr 12, 2024
Last checked: Saturday Apr 13, 2024 2:16 AM MDT
Defendant
Liberty Mutual Insurance Company
Represented By
Holly C. White
Lewis Roca Rothgerber Christie LLP
contact info
Defendant
SAFECO Insurance Company of America
Represented By
Holly C. White
Lewis Roca Rothgerber Christie LLP
contact info
Plaintiff
Richard Kawano, as the personal representative for the Estate of Marilyn Kawano


Docket last updated: 05/03/2024 11:59 PM MDT
Friday, May 03, 2024
24 24 minutes Status Conference Fri 05/03 2:47 PM
MINUTE ENTRY for Status Conference proceeding held before District Judge Gordon P Gallagher held on 5/3/2024. Court Reporter: Erin Valenti. (dclem)
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Thursday, May 02, 2024
23 23 notice Notice (Other) Thu 05/02 5:46 PM
NOTICE of Filing of State Court Records by Defendants Liberty Mutual Insurance Company, SAFECO Insurance Company of America(Bowers, Robin)
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Att: 1 Exhibit A - Register of Actions,
Att: 2 Complaint,
Att: 3 Civil Cover Sheet,
Att: 4 Delay Reduction Order,
Att: 5 Safeco Affidavit,
Att: 6 Liberty Mutual Affidavit,
Att: 7 Rainbow Intl Affidavit,
Att: 8 KKES Affidavit,
Att: 9 Notice of Death of Marilyn Kawano,
Att: 10 Notice of Related Cases,
Att: 11 Safeco's Unopposed Motion for Extension to Respond to Complaint,
Att: 12 Order Granting Safeco's Motion for Extension to Respond to Complaint,
Att: 13 Rainbow Intl's Motion for Extension to Respond to Complaint,
Att: 14 Order Granting Rainbow's Motion for Extension to Respond to Complaint,
Att: 15 EOA of K. Chaney,
Att: 16 KKES Motion for Extension to Respond to Complaint,
Att: 17 Order Granting KKES Motion for Extension to Respond to Complaint,
Att: 18 Joint Stipulated Motion for Extension for Defendants to Respond to Complaint,
Att: 19 Order Granting Motion for Extension of Time for All Defendants to Respond to Complaint,
Att: 20 Motion Requesting Pro Hac Vice Admission of Michael Poli,
Att: 21 Motion Requesting Pro Hac Vice Admission of Jeff Zane,
Att: 22 Order re Pro Hac Vice - Michael Poli,
Att: 23 Order re Pro Hac Vice - Jeff Zane,
Att: 24 Second Joint Stipulated Motion for Extension for All Defendants to Respond,
Att: 25 Order Granting Second Joint Stipulated Motion for Extension,
Att: 26 EOA of E. Hevenor,
Att: 27 Motion to Substitute Parties,
Att: 28 Amended Motion to Substitute Parties,
Att: 29 Response in Opposition to Substitute Parties,
Att: 30 Order to Set Hearing,
Att: 31 Defendants' Motion to Dismiss,
Att: 32 Unopposed Motion to File Response in Support of Motion to Substitute,
Att: 33 Order Granting Unopposed Motion for Plaintiff to File Reply in Support of Motion to Substitute,
Att: 34 Reply In Support of Amended Motion to Substitute,
Att: 35 Response to MTD,
Att: 36 Defendants' Reply in Support of Motion to Dismiss,
Att: 37 PreTrial Order,
Att: 38 Notice of Hearing,
Att: 39 Unopposed Motion to Appear Remotely,
Att: 40 Order Denying Motion for Counsel to Appear Remotely,
Att: 41 Third Joint Stipulated Motion for Extension,
Att: 42 Order Granting Third Joint Stipulated Motion for Extension,
Att: 43 EOA W. Dewey,
Att: 44 Order re Motion to Substitute Plaintiff,
Att: 45 Order Denying Safeco and LM's Motion to Dismiss,
Att: 46 Second Amended Motion to Substitute Parties,
Att: 47 Order Granting Plaintiff's Second Amended Motion to Substitute,
Att: 48 KKES Answer,
Att: 49 Defendant Rainbow Intl's Motion to Dismiss,
Att: 50 Defendant Safeco's Answer,
Att: 51 Plaintiff's Motion for Extension to File Response to Rainbow Intl's MTD,
Att: 52 Order Granting Plaintiff's Motion for Extension,
Att: 53 Stipulation to Dismiss Rainbow Intl,
Att: 54 Order Granting Stipulation to Dismiss Rainbow Intl,
Att: 55 Notice to Set CMC,
Att: 56 Amended Notice to Set CMC and Trial,
Att: 57 Notice of CMC,
Att: 58 Amended Notice of CMC,
Att: 59 Safeco's Motion to Sever,
Att: 60 Proposed Joint Stipulated CMO,
Att: 61 KKES Response to Motion to Sever,
Att: 62 Plaintiff's Response to Motion to Sever,
Att: 63 KKES Motion to Amend Answer,
Att: 64 Order Granting KKES Motion to Amend Answer,
Att: 65 Reply in Support of Motion to Sever,
Att: 66 Order Granting Safeco and Liberty Mutual's Motion to Sever,
Att: 67 Notice of Filing Notice of Removal
Friday, April 26, 2024
22 22 order Order Fri 04/26 2:22 PM
ORDER: VTC Status Conference set for 5/3/2024 at 1:30 PM in Room 323 (Grand Junction) before District Judge Gordon P Gallagher. For practicing logging on, parties can email the Courtroom Deputy at Donald_Clement@cod.uscourt.gov. By District Judge Gordon P Gallagher on April 26, 2024. Text Only Entry (gpglc3)
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21 21 order Order Fri 04/26 10:45 AM
ORDER REFERRING CASE to the assigned United States Magistrate Judge. 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 specifically-referred motions, and (4) 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 District Judge Gordon P Gallagher on 4/26/2024. Text Only Entry (schap, )
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20 20 misc Reassigning Judge Fri 04/26 9:03 AM
REASSIGNING JUDGE. Pursuant to ECF 19, this action is reassigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge Susan Prose. All future pleadings should be designated as 24-cv-00994-GPG. (Text Only Entry) (cmadr, )
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Thursday, April 25, 2024
19 19 order Order Thu 04/25 5:02 PM
ORDER REASSIGNING CASE pursuant to18 Notice of Related Cases. After conferral pursuant to Local Civil Rule 3.2(d), and pursuant to Local Civil Rule 40.1(d)(4)(B) and the approval of the Chief Judge under Local Civil Rule 40.1(a), the Clerk of Court is DIRECTED to reassign this case to Judge Gordon P. Gallagher as the presiding judge and Magistrate Judge Susan Prose as the referral judge. All future pleadings should be designated 1:24-cv-00994-GPG-SBP. SO ORDERED by Judge Daniel D. Domenico on 4/25/2024. Text Only Entry (dddlc1, )
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18 18 notice Notice (Other) Thu 04/25 2:13 PM
NOTICE of Related Cases by Defendants Liberty Mutual Insurance Company, SAFECO Insurance Company of America (Bowers, Robin)
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Friday, April 19, 2024
17 17 misc Corporate Disclosure Statement Fri 04/19 5:32 PM
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Safeco Corporation for SAFECO Insurance Company of America. (Bowers, Robin)
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16 16 misc Corporate Disclosure Statement Fri 04/19 5:30 PM
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Liberty Mutual Group Inc. for Liberty Mutual Insurance Company. (Bowers, Robin)
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Tuesday, April 16, 2024
15 15 order Order Referring Case to Magistrate Judge Tue 04/16 2:08 PM
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. 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 4/16/2024. Text Only Entry. (rkeec)
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14 14 misc Letter Reassigning Case Tue 04/16 1:59 PM
CASE REASSIGNED. Pursuant to12 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 Michael E. Hegarty. All future pleadings should be designated as 24-cv-994-DDD . (Text Only Entry) (dgumb, )
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13 13 order Minute Order Tue 04/16 1:56 PM
MINUTE ORDER: Pursuant to the consent form declining consent under D.C.COLO.LCivR 40.1(c) [ECF12 ], the Court directs the Clerk of the Court to reassign this case under D.C.COLO.LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. § 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1(c). Entered by Magistrate Judge Michael E. Hegarty on 4/16/2024. (dgumb, )
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12 12 misc Consent to Jurisdiction of Magistrate Judge Tue 04/16 12:16 PM
CONSENT to Jurisdiction of Magistrate Judge by Defendants Liberty Mutual Insurance Company, SAFECO Insurance Company of America All parties do not consent.. (Bowers, Robin)
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11 11 notice Notice of Entry of Appearance Tue 04/16 12:14 PM
NOTICE of Entry of Appearance by Robin L. Bowers on behalf of Liberty Mutual Insurance Company, SAFECO Insurance Company of AmericaAttorney Robin L. Bowers added to party Liberty Mutual Insurance Company(pty:dft), Attorney Robin L. Bowers added to party SAFECO Insurance Company of America(pty:dft) (Bowers, Robin)
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10 10 order Minute Order Tue 04/16 9:23 AM
MINUTE ORDER: Magistrate Consent Form due 5/22/2024 . Proposed Scheduling Order due 5/22/2024 . Scheduling Conference set for 5/29/2024 11:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. Entered by Magistrate Judge Michael E. Hegarty on 4/16/2024. (dgumb, )
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Monday, April 15, 2024
9 9 notice Notice of Entry of Appearance Mon 04/15 6:37 PM
NOTICE of Entry of Appearance by Jeffrey Gregory Zane on behalf of Richard KawanoAttorney Jeffrey Gregory Zane added to party Richard Kawano(pty:pla) (Zane, Jeffrey)
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8 8 notice Notice of Entry of Appearance Mon 04/15 6:36 PM
NOTICE of Entry of Appearance by Michael Nello Poli on behalf of Richard KawanoAttorney Michael Nello Poli added to party Richard Kawano(pty:pla) (Poli, Michael)
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Friday, April 12, 2024
7 7 misc Magistrate Judge Consent Form Mon 04/15 4:50 PM
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (blaws)
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6 6 misc Case Assigned to Judge Mon 04/15 4:50 PM
Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry. (blaws)
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5 5 answer Answer to Complaint Mon 04/15 4:48 PM
STATE COURT ANSWER to3 Complaint by Liberty Mutual Insurance Company, SAFECO Insurance Company of America. (blaws)
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4 4 service Affidavit/Return of Service - Other than Complaint Mon 04/15 4:47 PM
RETURNS of Service of Summons, Complaint upon Liberty Mutual Insurance Company, SAFECO Insurance Company of America on 07/12/2023. (blaws)
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Att: 1 in re SAFECO Insurance Company of America
3 3 cmp Complaint Mon 04/15 4:42 PM
STATE COURT COMPLAINT and Jury Demand against Liberty Mutual Insurance Company, SAFECO Insurance Company of America, filed by Marilyn Kawano. (blaws)
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2 2 misc Notice to Attorney(s) in Removed, Transferred or Other Cases Mon 04/15 4:39 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) (blaws)
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1 1 notice Notice of Removal Fri 04/12 5:47 PM
NOTICE OF REMOVAL by SAFECO Insurance Company of America, Liberty Mutual Insurance Company from Denver County District Court, Case Number 2023CV31865. (Filing fee $ 405, Receipt Number ACODC-9636213), filed by SAFECO Insurance Company of America, Liberty Mutual Insurance Company.(White, Holly)
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Att: 1 Exhibit A - Complaint,
Att: 2 Exhibit B - Order Granting Motion to Substitute Plaintiff,
Att: 3 Exhibit C - Order Granting Stipulation to Dismiss Rainbow International,
Att: 4 Exhibit D - Complaint 21CV32642,
Att: 5 Exhibit E - Order Granting Motion to Sever,
Att: 6 Exhibit F - Summons,
Att: 7 Exhibit G - Affidavit of Service on Liberty Mutual,
Att: 8 Exhibit H - Affidavit of Service on Safeco,
Att: 9 Exhibit I - Civil Cover Sheet,
Att: 10 Exhibit J - Liberty and Safeco's Answer to Complaint,
Att: 11 Exhibit K - Notice of Filing Notice of Removal