Colorado District Court
Judge:Susan Prose
Case #: 1:24-cv-02088
Nature of Suit110 Contract - Insurance
Cause28:1332 Diversity-Interpleader Action
Case Filed:Jul 29, 2024
Last checked: Saturday Jan 25, 2025 2:17 AM MST
Defendant
Cassie Earhart-Carney
Represented By
Kimberly Alderman Penix
Alderman Law Firm
contact info
Defendant
Jacqueline Johnson
Represented By
Kent Adam Naughton
Witwer Oldenburg Barry & Johnson LLP
contact info
Francis Louis Kailey
Witwer Oldenburg Barry & Groom LLP
contact info
John J. Barry
Witwer Oldenburg Barry & Johnson LLP
contact info
Defendant
Rueben Johnson
Represented By
Kent Adam Naughton
Witwer Oldenburg Barry & Johnson LLP
contact info
Francis Louis Kailey
Witwer Oldenburg Barry & Groom LLP
contact info
John J. Barry
Witwer Oldenburg Barry & Johnson LLP
contact info
Plaintiff
Midland National Life Insurance Company
Represented By
Catherine Elizabeth Kennedy
Faegre Drinker Biddle & Reath LLP
contact info
Jesse Long Marks
Faegre Drinker Biddle & Reath LLP
contact info


Docket last updated: 05/02/2025 11:59 PM MDT
Tuesday, January 14, 2025
32 32 notice Notice of Entry of Appearance Tue 01/14 11:16 AM
NOTICE of Entry of Appearance by John J. Barry on behalf of Jacqueline Johnson, Rueben JohnsonAttorney John J. Barry added to party Jacqueline Johnson(pty:dft), Attorney John J. Barry added to party Rueben Johnson(pty:dft) (Barry, John)
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Friday, January 10, 2025
31 31 misc Advisory Attorney Noncompliance 2 Fri 01/10 8:46 AM
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re:30 Notice of Entry of Appearance, filed by attorney Kent Adam Naughton. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (dgumb, )
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Thursday, January 09, 2025
30 30 notice Notice of Entry of Appearance Thu 01/09 2:44 PM
NOTICE of Entry of Appearance for Attorney John J. Barry by Kent Adam Naughton on behalf of Jacqueline Johnson, Rueben JohnsonAttorney Kent Adam Naughton added to party Jacqueline Johnson(pty:dft), Attorney Kent Adam Naughton added to party Rueben Johnson(pty:dft) (Naughton, Kent)
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Wednesday, January 08, 2025
29 29 order Scheduling Order Wed 01/08 1:20 PM
SCHEDULING ORDER by Magistrate Judge Susan Prose on 1/8/2025. A combined Final Pretrial Conference and Trial Preparation Conference is set for April 6, 2026 at 1:30 p.m. in Courtroom A502, Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado before Magistrate Judge Susan Prose. The parties shall electronically file their proposed pretrial order through CM/ECF, and include a courtesy copy of the proposed order in a Word format sent by email to Prose_Chambers@cod.uscourts.gov no later than seven (7) days before the conference. A two-day Bench Trial is set to commence on April 27, 2026 at 8:30 a.m. , in Courtroom A502, Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado. FTR: A502 (sjeff)
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28 28 minutes Scheduling Conference Wed 01/08 1:10 PM
COURTROOM MINUTES for Telephonic Scheduling Conference held on 1/8/2025 before Magistrate Judge Susan Prose. Scheduling Order Entered. FTR: A502. (sjeff)
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Thursday, January 02, 2025
27 27 answer Answer to Amended Complaint Thu 01/02 6:05 PM
Cassie Earhart-Carney's ANSWER to11 Amended Complaint, for Interpleader by Midland National Life Insurance Company by Cassie Earhart-Carney.(Alderman Penix, Kimberly)
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Att: 1 Exhibit Handwritten Notes,
Att: 2 Exhibit Last Will & Testament
26 26 misc Proposed Scheduling Order Thu 01/02 12:20 PM
Proposed Scheduling Order Amended Proposed Scheduling Order by Plaintiff Midland National Life Insurance Company. (Marks, Jesse)
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Wednesday, January 01, 2025
25 25 misc Proposed Scheduling Order Wed 01/01 6:44 PM
Proposed Scheduling Order by Plaintiff Midland National Life Insurance Company. (Marks, Jesse)
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Tuesday, December 24, 2024
24 24 order Order on Consent to Jurisdiction of Magistrate Judge Tue 12/24 10:36 AM
ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge23 , this case is referred to Magistrate Judge Susan Prose for all purposes pursuant to 28 U.S.C. § 636(c), by Chief Judge Philip A. Brimmer on 12/24/2024. Text Only Entry (pabsec, )
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23 23 misc Consent to Jurisdiction of Magistrate Judge Tue 12/24 8:52 AM
CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Midland National Life Insurance Company All parties consent.. (Marks, Jesse)
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Wednesday, December 18, 2024
22 22 order Order on Motion for Extension of Time to Answer or Otherwise Respond Wed 12/18 2:46 PM
ORDER GRANTING21 Motion for Extension of Time to Answer or Otherwise Respond by Magistrate Judge Susan Prose on December 18, 2024. Defendant Cassie Earhart-Carney's answer due January 3, 2025 . The court's previous 19 Order is VACATED . Text Only Entry (sbplc4)
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21 21 motion Extension of Time to File Answer or Otherwise Respond Wed 12/18 2:11 PM
Second MOTION for Extension of Time to File Answer or Otherwise Respond by Defendant Cassie Earhart-Carney. (Alderman Penix, Kimberly)
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20 20 notice Notice of Entry of Appearance Wed 12/18 2:01 PM
NOTICE of Entry of Appearance by Kimberly Alderman Penix on behalf of Cassie Earhart-CarneyAttorney Kimberly Alderman Penix added to party Cassie Earhart-Carney(pty:dft) (Alderman Penix, Kimberly)
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19 19 order Order Wed 12/18 8:36 AM
ORDER FOR MOTION FOR ENTRY OF DEFAULT OR STATUS REPORT by Magistrate Judge Susan Prose on December 18, 2024. Defendant Cassie Earhart-Carney's answer/response was due November 27, 2024, but as of the date of this Order, Defendant has not filed an answer/response or otherwise appeared in this case. Accordingly, Plaintiff shall move for entry of default or file a status report as to why default is improper by January 7, 2025 . Text Only Entry (sbplc4)
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Friday, December 06, 2024
18 18 order Minute Order Fri 12/06 1:09 PM
MINUTE ORDER by Magistrate Judge Susan Prose on 12/06/2024: The Parties are advised that the courtroom and chambers of Magistrate Judge Susan Prose will be relocated to Courtroom A502 on the fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver Colorado effective December 11, 2024. Any parties wishing to appear in-person after this date should make note of the Court's new location. Remote appearance information, including teleconference lines or videoconference links, remain unchanged. The dates and times of all settings remain unchanged, unless otherwise ordered. Text Only Entry (sjeff)
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Tuesday, December 03, 2024
17 17 service Affidavit/Return of Service - Executed - Complaint Tue 12/03 3:32 PM
SUMMONS Returned Executed by Midland National Life Insurance Company. Cassie Earhart-Carney served on 10/8/2024, answer due 10/29/2024. (Marks, Jesse)
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Thursday, October 31, 2024
16 16 notice Notice of Entry of Appearance Thu 10/31 1:06 PM
NOTICE of Entry of Appearance by Jesse Long Marks on behalf of Midland National Life Insurance CompanyAttorney Jesse Long Marks added to party Midland National Life Insurance Company(pty:pla) (Marks, Jesse)
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Wednesday, October 30, 2024
15 15 2 pgs order Order Wed 10/30 4:44 PM
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Susan Prose on October 30, 2024. Consent form due December 24, 2024 . Proposed scheduling order (including a copy in Word format to[LINK:Prose_Chambers@cod.uscourts.gov] ) due December 31, 2024 . The Fed. R. Civ. P. 16(b) Scheduling Conference shall be held telephonically on January 8, 2025 , at 10:00 a.m. , in Courtroom C-205, on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. The parties shall attend by calling 571-353-2301, Guest meeting ID- 868150043. All attendees shall please mute their phone when not speaking and not use speaker phone. (sjeff)
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Monday, October 14, 2024
14 14 answer Answer to Amended Complaint Mon 10/14 1:55 PM
ANSWER to11 Amended Complaint, for Interpleader by Midland National Life Insurance Company by Jacqueline Johnson, Rueben Johnson.(Kailey, Francis)
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Thursday, October 10, 2024
13 13 order Order on Motion for Extension of Time to Answer or Otherwise Respond Thu 10/10 11:45 AM
ORDER GRANTING MOTION FOR EXTENSION OF TIME by Magistrate Judge Susan Prose on October 10, 2024. Defendant Cassie Earhart-Carney's12 Motion for Extension of Time to Answer or Otherwise Respond is granted . Ms. Earhart-Carney's answer due November 27, 2024 . Text Only Entry (sbplc4)
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Wednesday, October 09, 2024
12 12 motion Extension of Time to File Answer or Otherwise Respond Thu 10/10 8:48 AM
REQUEST for Extension to File Answer re:11 Amended Complaint, by Defendant Cassie Earhart-Carney. (ccuen, )
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Monday, September 30, 2024
11 11 cmp Amended Complaint Mon 09/30 10:13 AM
AMENDED COMPLAINT against All Defendants, filed by Midland National Life Insurance Company.(Kennedy, Catherine)
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Att: 1 Civil Cover Sheet,
Att: 2 Exhibit 1,
Att: 3 Exhibit 2,
Att: 4 Exhibit 3,
Att: 5 Exhibit 4,
Att: 6 Exhibit 5,
Att: 7 Exhibit 6,
Att: 8 Exhibit 7
Monday, September 23, 2024
10 10 notice Notice of Entry of Appearance Mon 09/23 3:19 PM
NOTICE of Entry of Appearance by John J. Barry and by Francis Louis Kailey on behalf of Jacqueline Johnson, Rueben JohnsonAttorney Francis Louis Kailey added to party Jacqueline Johnson(pty:dft), Attorney Francis Louis Kailey added to party Rueben Johnson(pty:dft) (Kailey, Francis)
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Tuesday, September 17, 2024
9 9 notice Notice of Entry of Appearance Tue 09/17 1:33 PM
NOTICE of Entry of Appearance by Catherine Elizabeth Kennedy on behalf of Midland National Life Insurance Company (Kennedy, Catherine)
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Thursday, September 05, 2024
8 8 misc Summons Issued Thu 09/05 3:15 PM
SUMMONS issued by Clerk. (jrobe, )
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Wednesday, September 04, 2024
7 7 misc Summons Request Wed 09/04 5:53 PM
SUMMONS REQUEST as to Cassie Earhart-Carney by Plaintiff Midland National Life Insurance Company. (Kennedy, Catherine)
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Tuesday, August 27, 2024
6 6 misc Corporate Disclosure Statement Tue 08/27 6:51 PM
CORPORATE DISCLOSURE STATEMENT. (Kennedy, Catherine)
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5 5 service Waiver of Return of Service - Executed - Complaint Tue 08/27 6:46 PM
WAIVER OF SERVICE Returned Executed by Midland National Life Insurance Company. Jacqueline Johnson waiver sent on 8/1/2024, answer due 9/30/2024. (Kennedy, Catherine)
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4 4 service Waiver of Return of Service - Executed - Complaint Tue 08/27 6:44 PM
WAIVER OF SERVICE Returned Executed by Midland National Life Insurance Company. Rueben Johnson waiver sent on 8/1/2024, answer due 9/30/2024. (Kennedy, Catherine)
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Monday, July 29, 2024
3 3 misc Magistrate Judge Consent Form Tue 07/30 1:11 PM
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No summons issued. (ykare, )
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2 2 misc Case Assigned to Judge Tue 07/30 1:10 PM
Case assigned to Magistrate Judge Susan Prose. Text Only Entry (ykare, )
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1 1 cmp Complaint Mon 07/29 4:35 PM
COMPLAINT FOR INTERPLEADER against Cassie Earhart-Carney, Jacqueline Johnson, Rueben Johnson (Filing fee $ 405,Receipt Number ACODC-9797477)Attorney Catherine Elizabeth Kennedy added to party Midland National Life Insurance Company(pty:pla), filed by Midland National Life Insurance Company.(Kennedy, Catherine)
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Att: 1 Exhibit 1,
Att: 2 Exhibit 2,
Att: 3 Exhibit 3,
Att: 4 Exhibit 4,
Att: 5 Exhibit 5,
Att: 6 Exhibit 6,
Att: 7 Exhibit 7,
Att: 8 Civil Cover Sheet