Webster v. Safeco Insurance
| Colorado District Court | |
| Judge: | Philip A Brimmer |
| Case #: | 1:24-cv-02400 |
| Nature of Suit | 350 Torts - Personal Injury - Motor Vehicle |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Aug 29, 2024 |
| Case in other court: | Larimer County, 2024cv30691 |
| Last checked: Tuesday Feb 25, 2025 1:19 AM MST |
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Defendant
Safeco Insurance
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Represented By
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Plaintiff
Landon Webster
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Represented By
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| Docket last updated: 05/16/2025 11:59 PM MDT |
| Tuesday, March 25, 2025 | ||
| 39 | 39
1
pgs
order
Order on Motion for Extension of Time to File Order on Motion to Amend/Correct/Modify
Tue 03/25 8:20 AM
MINUTE ORDER By Magistrate Judge Timothy P. O'Hara on 03/25/2025. Plaintiff's Motion for Extension of Time [ECF35 ] is granted. The deadline for Plaintiff to answer Defendant's First Set of Written Discovery requests is extended to April 10, 2025. Plaintiff's Motion to Modify Scheduling Order [ECF37 ] is granted. The Court modifies Section 9 of the Scheduling Order at ECF32 as follows: Affirmative Expert Witness Disclosure: June 30, 2025. Rebuttal Witness Disclosure: July 28, 2025. Discovery Cut-Off: September 2, 2025. Dispositive Motions: September 29, 2025. Rule 702 Motions: September 29, 2025. The Court RESETS the Final Pretrial Conference, currently set for October 28, 2025, to December 11, 2025 at 9:30 a.m., in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. The Final Pretrial Conference will be an in-person proceeding.(ggill, ) |
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| Monday, March 24, 2025 | ||
| 38 | 38
order
Memorandum
Mon 03/24 8:50 AM
MEMORANDUM regarding37 Unopposed MOTION to Amend/Correct/Modify Scheduling Order filed by Landon Webster. Motion referred to Magistrate Judge Timothy P O'Hara, by Chief Judge Philip A. Brimmer on 3/24/2025. Text Only Entry (pabsec, ) |
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| 37 | 37
motion
Amend/Correct/Modify
Mon 03/24 8:42 AM
Unopposed MOTION to Amend/Correct/Modify Scheduling Order by Plaintiff Landon Webster.(Merrill, Joanna) |
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Att: 1
Proposed Order (PDF Only) Proposed Order
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order
Memorandum
Mon 03/24 8:35 AM
MEMORANDUM regarding35 Unopposed MOTION for Extension of Time to File Plaintiffs Responses to Defendant Safeco Insurance First Set of Written Discovery filed by Landon Webster. Motion referred to Magistrate Judge Timothy P O'Hara, by Chief Judge Philip A. Brimmer on 3/24/2025. Text Only Entry (pabsec, ) |
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| 35 | 35
motion
Extension of Time
Mon 03/24 8:33 AM
Unopposed MOTION for Extension of Time to File Plaintiffs Responses to Defendant Safeco Insurance First Set of Written Discovery by Plaintiff Landon Webster.(Merrill, Joanna) |
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Att: 1
Proposed Order (PDF Only) Proposed Order
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| Tuesday, January 28, 2025 | ||
| 34 | 34
notice
Notice of Entry of Appearance
Tue 01/28 4:55 PM
NOTICE of Entry of Appearance by Gregory F. Szydlowski on behalf of Safeco InsuranceAttorney Gregory F. Szydlowski added to party Safeco Insurance(pty:dft) (Szydlowski, Gregory) |
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| Wednesday, January 22, 2025 | ||
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order
Scheduling Order
Thu 01/23 9:04 AM
SCHEDULING ORDER: By Magistrate Judge Timothy P. O'Hara on 01/22/2025. Discovery Cutoff: June 30, 2025. Dispositive Motion Deadline: July 28, 2025. Rule 702 Motions to Exclude Expert Testimony Deadline: June 19, 2025. Expert Disclosure Deadlines: on or before March 31, 2025. Defendant Safeco shall designate experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before April 28, 2025. Plaintiff shall designate all rebuttal experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before May 19, 2025. The Final Pretrial Conference will take place on October 28, 2025 at 10:00 a.m. in Courtroom C-402 on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. This is an in-person proceeding. Five business days before the Conference, the Parties shall (1) file a joint proposed Final Pretrial Order and (2) jointly e-mail an editable copy in Word format of the proposed Final Pretrial Order, including any attachments, to Chambers at[LINK:o'hara_chambers@cod.uscourts.gov] . Anticipated length of trial and whether trial is to the court or jury: 5-day Jury Trial. (ggill, ) |
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| 32 | 32
minutes
Scheduling Conference ~Util - Set Scheduling Order Deadlines
Wed 01/22 3:23 PM
MINUTE ENTRY for Scheduling Conference held on 1/22/2025 before Magistrate Judge Timothy P O'Hara. A Final Pretrial Conference is set for October 28, 2025, at 10:00 a.m. before U.S. Magistrate Judge Timothy P. O'Hara in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse at 1929 Stout Street, Denver, Colorado. Final Pretrial Order is due no later than SEVEN (7) CALENDAR DAYS before the Final Pretrial Conference (See the court's website for Instructions for Preparation and Submission). FTR: C402. (jtorr, ) |
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| Friday, December 27, 2024 | ||
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order
Minute Order
Fri 12/27 8:09 AM
MINUTE ORDER By Magistrate Judge Timothy P. O'Hara on 12/27/2024. Noting Plaintiff's compliance with Chief Judge Brimmer's Order at [ECF 26 ], this Court RESETS the Scheduling Conference to January 22, 2025 at 2:30 p.m. in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse at 1929 Stout Street, Denver, Colorado. This will be an in-person proceeding. This Court notes that the Parties already have filed their Proposed Scheduling Order at [ECF22 ]. Therefore, this Court is not requiring them to prepare a new one. However, should the Parties on their own prefer to file an updated one, then they shall submit it no later than five business days prior to the new Scheduling Conference date and email a copy in Word format by joint email, copying all Parties, to Chambers at[LINK:o'hara_chambers@cod.uscourts.gov] . (ggill, ) |
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| Monday, November 25, 2024 | ||
| 30 | 30
notice
Notice of Entry of Appearance
Mon 11/25 12:59 PM
NOTICE of Entry of Appearance by Joanna R. Merrill on behalf of Landon Webster (Merrill, Joanna) |
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| Friday, November 22, 2024 | ||
| 29 | 29
order
Order Referring Case to Magistrate Judge
Fri 11/22 2:37 PM
ORDER REFERRING CASE to Magistrate Judge Timothy P O'Hara for non-dispositive matters . 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 non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. 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 Chief Judge Philip A. Brimmer on 11/22/2024. Text Only Entry (pabsec, ) |
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order
Minute Order
Fri 11/22 1:37 PM
MINUTE ORDER: This matter comes before the Court upon its own review of the case record. Noting that the Court's diversity jurisdiction has not yet been established, the Scheduling Conference, currently set for Monday, November 25, 2024, is vacated . The Court will reset the Scheduling Conference at the later appropriate time. By Magistrate Judge Timothy P O'Hara on 11/22/2024. (jtorr, ) |
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| 27 | 27
misc
Statement
Fri 11/22 1:37 PM
STATEMENT Joint Rule 7.1(a)(2) Disclosure Statement by Plaintiff Landon Webster. (Merrill, Joanna) |
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| 26 | 26
order
Minute Order
Fri 11/22 8:12 AM
MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/22/2024 re:25 Disclosure Statement. On November 21, 2024, plaintiff filed a disclosure statement pursuant to Federal Rule of Civil Procedure 7.1(a)(2) wherein he states that he is a citizen of the United States. Docket No.25 . Because defendant asserts that this case is "an action in which jurisdiction is based on diversity under 28 U.S.C. § 1332(a)," Fed. R. Civ. P. 7.1(a)(2)(A), and because jurisdiction under 28 U.S.C. § 1332(a) requires the parties to be "citizens of different States," 28 U.S.C. § 1332(a)(1), plaintiff's Rule 7.1 disclosure must identify his state citizenship. See Fed. R. Civ. P. 7.1(a)(2). "For purposes of federal diversity jurisdiction, an individual's state citizenship is equivalent to domicile." Smith v. Cummings , 445 F.3d 1254, 1259 (10th Cir. 2006). "To establish domicile in a particular state, a person must be physically present in the state and intend to remain there." Id . at 1260. Plaintiff Landon Webster shall file an amended disclosure statement identifying his state citizenship at the time of removal on or before November 25, 2024 . Text Only Entry (pabsec, ) |
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| Thursday, November 21, 2024 | ||
| 25 | 25
misc
Statement
Thu 11/21 4:25 PM
STATEMENT Joint Rule 7.1(a)(2) Disclosure Statement by Plaintiff Landon Webster. (Merrill, Joanna) |
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| 24 | 24
order
Minute Order
Thu 11/21 3:41 PM
MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/21/2024 re: 21 Minute Order. On November 14, 2024, the Court ordered plaintiff to file a disclosure identifying his citizenship at the time of removal as required by Federal Rule of Civil Procedure 7.1(a)(2) on or before November 20, 2024. Docket No. 21 . No disclosure has been filed. Plaintiff Landon Webster shall file his disclosure statement on or before November 22, 2024 . Text Only Entry (pabsec, ) |
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| Monday, November 18, 2024 | ||
| 23 | 23
misc
Statement
Mon 11/18 5:22 PM
STATEMENT Disclosure by Defendant Safeco Insurance. (Ross-Shannon, Bradley) |
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| 22 | 22
misc
Proposed Scheduling Order
Mon 11/18 5:21 PM
Proposed Scheduling Order by Defendant Safeco Insurance. (Ross-Shannon, Bradley) |
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| Thursday, November 14, 2024 | ||
| 21 | 21
order
Minute Order
Thu 11/14 9:57 AM
MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/14/2024. Defendant's Notice of Removal asserts that plaintiff is a Colorado citizen, citing the complaint. Docket No.1 . The complaint, however, alleges that plaintiff "is a resident of the State of Colorado." Docket No.3 . Residency is not the equivalent of citizenship. Whitelock v. Leatherman , 460 F.2d 507, 514 (10th Cir. 1972) ("allegations of mere 'residence' may not be equated with 'citizenship' for the purposes of establishing diversity.") Based on defendant's representation that the Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332, Docket No.1 at 2, Federal Rule of Civil Procedure 7.1(a)(2) requires that each party file a disclosure of its citizenship. Rule 7.1, as amended in December 2022, states that, "[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... when the action is filed in or removed to federal court." Fed. R. Civ. P. 7.1(a)(2)(A). "For purposes of federal diversity jurisdiction, an individual's state citizenship is equivalent to domicile." Smith v. Cummings , 445 F.3d 1254, 1259 (10th Cir. 2006). "To establish domicile in a particular state, a person must be physically present in the state and intend to remain there." Id . at 1260. On or before November 20, 2024 , plaintiff Landon Webster shall file a disclosure statement in accordance with Rule 7.1 identifying his citizenship at the time of removal. Text Only Entry (pabsec, ) |
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| Wednesday, November 13, 2024 | ||
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order
Order on Motion to Withdraw as Attorney
Wed 11/13 2:34 PM
ORDER by Chief Judge Philip A. Brimmer on 11/13/2024 re:17 Motion to Withdraw is GRANTED. Attorney Hanna Bledsoe is terminated from this case. Text Only Entry(pabsec, ) |
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| 19 | 19
notice
Notice of Entry of Appearance
Wed 11/13 1:52 PM
NOTICE of Entry of Appearance by Joanna R. Merrill on behalf of Landon WebsterAttorney Joanna R. Merrill added to party Landon Webster(pty:pla) (Merrill, Joanna) |
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| 18 | 18
notice
Notice of Entry of Appearance
Wed 11/13 1:44 PM
NOTICE of Entry of Appearance by Ross I. Ziev on behalf of Landon Webster (Ziev, Ross) |
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| 17 | 17
motion
Withdraw as Attorney
Wed 11/13 1:37 PM
MOTION TO WITHDRAW by Plaintiff Landon Webster (Bledsoe, Hanna) Modified on 11/13/2024 to update event type and add gavel and edit title(dgumb, ) |
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| Tuesday, November 12, 2024 | ||
| 16 | 16
misc
Letter Reassigning Case
Wed 11/13 11:37 AM
CASE REASSIGNED. Pursuant to15 Consent to Jurisdiction of Magistrate Judge. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Timothy P. O'Hara. All future pleadings should be designated as 24-cv-2400-PAB (Text Only Entry) (angar, ) |
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| 15 | 15
misc
Consent to Jurisdiction of Magistrate Judge
Tue 11/12 3:48 PM
CONSENT to Jurisdiction of Magistrate Judge by Defendant Safeco Insurance All parties do not consent.. (Ross-Shannon, Bradley) |
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| Tuesday, November 05, 2024 | ||
| 14 | 14
order
Minute Order
Tue 11/05 10:39 AM
MINUTE ORDER: This matter comes before the Court upon its own motion. The Court hereby advises the Parties that in light of the case's re-assignment, the location of the Scheduling Conference has changed . The Scheduling Conference, set for November 25, 2024 at 2:30 p.m., now will take place in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse at 1929 Stout Street, Denver, Colorado. This will be an in-person proceeding. The Parties shall complete and file the Magistrate Judge Consent Form [ECF6 ] on or before November 12, 2024 . Proposed Scheduling Order due by 11/18/2024. By Magistrate Judge Timothy P. O'Hara on 11/5/2024. (jtorr, ) |
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| Wednesday, October 16, 2024 | ||
| 13 | 13
misc
Reassigning Judge
Wed 10/16 10:59 AM
REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Timothy P. O'Hara upon his appointment. All future pleadings should reference Magistrate Judge O'Hara at the end of the civil action number (such as 24-cv-02400-TPO). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge O'Hara in Courtroom C-402. His chambers are located in Room C-452 of the Byron G. Rogers Courthouse. His telephone number is 303-335-2740. (Text only entry) (echa, ) |
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| Thursday, September 05, 2024 | ||
| 12 | 12
answer
Answer to Complaint
Thu 09/05 5:00 PM
ANSWER to3 Complaint by Safeco Insurance.(Ross-Shannon, Bradley) |
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| Tuesday, September 03, 2024 | ||
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utility
Set/Reset Deadlines and Hearings - PUBLIC
Tue 09/03 4:46 PM
Utility Setting Deadlines: Text Only Entry Consent Form due by 11/12/2024. (norlin, ) |
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| Friday, August 30, 2024 | ||
| 10 | 10
notice
Notice of Entry of Appearance
Fri 08/30 11:31 AM
NOTICE of Entry of Appearance by Ross I. Ziev on behalf of Landon WebsterAttorney Ross I. Ziev added to party Landon Webster(pty:pla) (Ziev, Ross) |
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| 9 | 9
notice
Notice of Entry of Appearance
Fri 08/30 11:26 AM
NOTICE of Entry of Appearance by Hanna C. Bledsoe on behalf of Landon WebsterAttorney Hanna C. Bledsoe added to party Landon Webster(pty:pla) (Bledsoe, Hanna) |
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| 8 | 8
4
pgs
order
Order
Fri 08/30 10:42 AM
ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NON-CONSENT FORM On or before November 12, 2024, the parties shall complete and file the Consent/Non-Consent Form (see Dkt. #6 ), indicating either unanimous consent of the parties or that consent has been declined. Please note that this date may be earlier than the default deadlines contemplated by D.C.COLO.LCivR 40.1(c)(4). A Scheduling/Planning Conference pursuant to Fed.R.Civ.P.16(b) shall be held on: November 25, 2024 at 2:30 p.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 8/30/2024. (norlin, ) |
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notice
Notice (Other)
Fri 08/30 9:30 AM
NOTICE by Defendant Safeco Insurance(Ross-Shannon, Bradley) |
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Att: 1
Exhibit Summons - State Court Action,
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Att: 2
Exhibit Civil Case Cover Sheet - State Court Action,
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Att: 3
Exhibit Complaint with Jury Demand - State Court Action,
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Att: 4
Exhibit Notice - State Court Action,
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Att: 5
Exhibit Affidavit of Service - State Court Action,
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Att: 6
Exhibit Federal Court Notice of Removal - State Court Action,
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Att: 7
Exhibit Notice of Removal - State Court Action
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| Thursday, August 29, 2024 | ||
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misc
Magistrate Judge Consent Form
Fri 08/30 8:27 AM
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (efoga, ) |
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| 5 | 5
misc
Case Assigned to Judge
Fri 08/30 8:26 AM
Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry (efoga, ) |
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| 4 | 4
service
Affidavit/Return of Service - Other than Complaint
Fri 08/30 8:26 AM
AFFIDAVIT/RETURN of Service of Summons and Complaint upon Safeco Insurance on 8/8/2024 (efoga, ) |
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| 3 | 3
cmp
Complaint
Fri 08/30 8:25 AM
CIVIL COMPLAINT AND JURY DEMAND against Safeco Insurance, filed by Landon Webster.(efoga, ) |
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| 2 | 2
misc
Notice to Attorney(s) in Removed, Transferred or Other Cases
Fri 08/30 8:24 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) (efoga, ) |
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| 1 | 1
notice
Notice of Removal
Thu 08/29 4:56 PM
NOTICE OF REMOVAL by Safeco Insurance from Larimer County District Court, Case Number 2024cv30691. (Filing fee $ 405, Receipt Number ACODC-9849852), filed by Safeco Insurance.(Ross-Shannon, Bradley) |
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Att: 1
Exhibit Exhibit A - Complaint,
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Att: 2
Exhibit Exhibit B - Civil Case Cover Sheet,
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Att: 3
Exhibit Exhibit C - Notice of Service of Process
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