Millan et al v. Standard Guaranty Insurance Company et al

Colorado District Court
Judge:Regina M Rodriguez
Referred: Susan Prose
Case #: 1:25-cv-00498
Nature of Suit110 Contract - Insurance
Cause28:1332 Diversity-Breach of Contract
Case Filed:Feb 14, 2025
Last checked: Monday Mar 31, 2025 2:37 AM MDT
Defendant
Select Portfolio Servicing, Inc.
Defendant
Standard Guaranty Insurance Company
Represented By
Ashley J. DeVerna
Husch Blackwell LLP
contact info
Plaintiff
Margarita Gutierrez
Represented By
Robin Richard Lambourn
Lambourn Law Firm, PLLC
contact info
Plaintiff
Javier Millan
Represented By
Robin Richard Lambourn
Lambourn Law Firm, PLLC
contact info


Docket last updated: 04/29/2025 11:59 PM MDT
Tuesday, April 29, 2025
20 20 motion Extension of Time to File Answer or Otherwise Respond Tue 04/29 1:34 PM
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re12 Amended Complaint, by Defendant Select Portfolio Servicing, Inc..(Sahlstrom, Albert)
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Att: 1 Proposed Order (PDF Only)
Wednesday, April 23, 2025
19 19 misc Summons Issued Wed 04/23 4:52 PM
SUMMONS issued by Clerk on 4/23/2025. (angar, )
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Saturday, April 19, 2025
18 18 order Order Sat 04/19 8:09 AM
ORDER by Magistrate Judge Susan Prose on April 19, 2025. Plaintiff filed suit on February 14, 2025, but as of this Order, a return or waiver of service for Defendant DLJ Mortgage Capital, Inc. has not been filed. Federal Rule of Civil Procedure 4(m) provides that "[i]f a defendant is not served within 90 days after the complaint is filed, the court, on motion or on its own after notice to the plaintiff, must dismiss the action without prejudice against that defendant or order that service be made within a specified time." Accordingly, if Plaintiff has not filed a return or waiver of service (or sought an extension to do so) as to each Defendant by May 15, 2025 , this court may recommend dismissal without prejudice of any unserved Defendant without further notice to Plaintiff. Text Only Entry (sbplc4)
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Friday, April 18, 2025
17 17 motion Report and Recommendations Fri 04/18 1:43 PM
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Susan Prose on 4/18/2025. Because Plaintiff has filed an12 Amended Complaint as a matter of course, the court RECOMMENDS that Defendant's9 Motion to Dismiss be DENIED without prejudice . See Scott v. Buckner Co. , 388 F. Supp. 3d 1320, 1323 (D. Colo. 2019) (noting that the filing of an amended complaint renders the previous complaint of no legal effect and ordinarily moots a motion to dismiss the prior pleading). Any objections are due no later than 5/2/2025 . Text Only Entry (sbplc4)
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Wednesday, April 16, 2025
16 16 order Order Referring Motion Wed 04/16 3:38 PM
ORDER REFERRING MOTION: 15 MOTION to Dismiss filed by Standard Guaranty Insurance Company. Motion referred to Magistrate Judge Susan Prose by Judge Regina M. Rodriguez on 4/16/2025. Text Only Entry (rmrja)
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15 15 motion Dismiss Wed 04/16 3:29 PM
MOTION to Dismiss by Defendant Standard Guaranty Insurance Company.(DeVerna, Ashley)
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Att: 1 Exhibit A
14 14 notice Notice (Other) Wed 04/16 12:31 AM
NOTICE re12 Amended Complaint, D.C.COLO.LCivR 15.1(a) by Plaintiffs Javier Millan, Margarita Gutierrez(Lambourn, Robin)
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Att: 1 Exhibit A
Tuesday, April 15, 2025
13 13 respm Response to Motion Tue 04/15 11:57 PM
RESPONSE to9 MOTION to Dismiss for Failure to State a Claim filed by Plaintiffs Javier Millan, Margarita Gutierrez. (Lambourn, Robin)
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12 12 cmp Amended Complaint Tue 04/15 11:29 PM
AMENDED COMPLAINT AND JURY DEMAND against Select Portfolio Servicing, Inc., Standard Guaranty Insurance Company, DLJ Mortgage Capital, Inc., filed by Javier Millan, Margarita Gutierrez.(Lambourn, Robin)
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Att: 1 Exhibit 1,
Att: 2 Summons
Friday, April 11, 2025
11 11 2 pgs order Order Fri 04/11 4:48 PM
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Susan Prose on 04/11/2025. Consent form due April 25, 2025 . Proposed scheduling order (including a copy in Word format to[LINK:Prose_Chambers@cod.uscourts.gov] ) due June 9, 2025 . The Fed. R. Civ. P. 16(b) Scheduling Conference shall be held telephonically on June 16, 2025 , at 11:30 a.m. , in Courtroom A-502, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. The parties shall attend by calling 571-353-2301, Guest meeting ID- 868150043. All attendees are requested to mute their phone when not speaking, as well as avoid speaker phone and Bluetooth connections. (sjeff)
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Thursday, April 03, 2025
10 10 order Memorandum Thu 04/03 9:17 AM
ORDER REFERRING MOTION: 9 MOTION to Dismiss for Failure to State a Claim filed by Select Portfolio Servicing, Inc.. Motion referred to Magistrate Judge Susan Prose by Judge Regina M. Rodriguez on 4/3/2025. Text Only Entry (kmyha)
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Wednesday, April 02, 2025
9 9 motion Dismiss for Failure to State a Claim Wed 04/02 4:46 PM
MOTION to Dismiss for Failure to State a Claim by Defendant Select Portfolio Servicing, Inc..(Sahlstrom, Albert)
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Att: 1 Exhibit Exh. A Deed of Trust,
Att: 2 Exhibit Exh. B Lost Assignment Affidavit,
Att: 3 Exhibit Exh. C Request for Full Release of Deed of Trust and Release,
Att: 4 Exhibit Exh. D Pendleton Declaration
Monday, March 31, 2025
8 8 order Order on Motion for Extension of Time to Answer or Otherwise Respond Mon 03/31 11:03 AM
ORDER by Magistrate Judge Susan Prose on 03/31/2025, GRANTING Defendant Standard Guaranty Insurance Company's6 Unopposed Motion for Extension of Time to Respond to Complaint. Standard Guaranty Insurance Company's answer due no later than April 16, 2025 . Text Only Entry (sjeff)
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Thursday, March 27, 2025
7 7 order Order Referring Motion Thu 03/27 4:35 PM
ORDER REFERRING MOTION: 6 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re1 Complaint,, filed by Standard Guaranty Insurance Company. Motion referred to Magistrate Judge Susan Prose by Judge Regina M. Rodriguez on 3/27/2025. Text Only Entry (rmrja)
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6 6 motion Extension of Time to File Answer or Otherwise Respond Thu 03/27 3:20 PM
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re1 Complaint,, by Defendant Standard Guaranty Insurance Company. (DeVerna, Ashley)
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Wednesday, February 19, 2025
5 5 order Order Referring Case to Magistrate Judge Wed 02/19 12:04 PM
ORDER REFERRING CASE to Magistrate Judge Susan B. Prose. 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 Regina M. Rodriguez on 2/19/2025. Text Only Entry (rmrja)
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Tuesday, February 18, 2025
4 4 misc Summons Issued Tue 02/18 8:12 AM
SUMMONS issued by Clerk. (echa, )
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Att: 1 Summons
3 3 misc Magistrate Judge Consent Form Tue 02/18 8:12 AM
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (echa, )
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Friday, February 14, 2025
2 2 misc Case Assigned to Judge Tue 02/18 8:11 AM
Case assigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Susan Prose. Text Only Entry. (echa, )
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1 1 17 pgs cmp Complaint Fri 02/14 11:57 PM
COMPLAINT AND JURY DEMAND against Select Portfolio Servicing, Inc., Standard Guaranty Insurance Company (Filing fee $ 405,Receipt Number ACODC-10156681)Attorney Robin Richard Lambourn added to party Javier Millan(pty:pla), Attorney Robin Richard Lambourn added to party Margarita Gutierrez(pty:pla), filed by Javier Millan, Margarita Gutierrez.(Lambourn, Robin)
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Att: 1 Exhibit 1,
Att: 2 Civil Cover Sheet,
Att: 3 Summons to Standard Guaranty Insurance Company,
Att: 4 Summons to Select Portfolio Servicing, Inc.