Zurich American Insurance Company v. Rzucek et al
| Colorado District Court | |
| Judge: | Raymond P Moore |
| Case #: | 1:20-cv-01598 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1335 Interpleader Action |
| Case Filed: | Jun 03, 2020 |
| Terminated: | Sep 08, 2020 |
| Last checked: Monday Nov 30, 2020 3:54 AM MST |
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Defendant
Franklin Rzucek
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Represented By
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Defendant
Cindy Watts
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Represented By
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Defendant
Ronnie Watts
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Represented By
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Defendant
Sandra Ruzcek
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Represented By
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Plaintiff
Zurich American Insurance Company
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Represented By
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| Docket last updated: 11/13/2024 11:59 PM MST |
| Tuesday, September 08, 2020 | ||
| 47 | 47
2
pgs
order
Order Dismissing Case
Tue 09/08 11:04 AM
AMENDED ORDER Granting44 Motion to Order the Disbursement of Funds from the Court Registry and to Dismiss with Prejudice, by Judge Raymond P. Moore on September 8, 2020. (rvill, ) |
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| Friday, September 04, 2020 | ||
| 46 | 46
misc
Advisory Attorney Noncompliance 2
Fri 09/04 5:28 PM
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re:44 Joint MOTION to Dismiss With Prejudice and Order to Disbursement of Funds from the Court Registry filed by attorney Brad Lee Hoffman. The format for the attorneys signature block is not correct. 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(d) of the Electronic Case Filing Procedures (Civil Cases). (Text Only Entry) (athom, ) |
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| 45 | 45
1
pgs
order
Order on Motion to Dismiss
Fri 09/04 11:49 AM
ORDER granting44 Joint Motion to Order Disbursement of Funds from the Court Registry and to Dismiss with Prejudice. Entered by Judge Raymond P. Moore on 9/4/2020. (cpear) |
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| Thursday, September 03, 2020 | ||
| 44 | 44
4
pgs
motion
Dismiss
Thu 09/03 4:27 PM
Joint MOTION to Dismiss With Prejudice and Order to Disbursement of Funds from the Court Registry by Defendants Sandra Ruzcek, Franklin Rzucek, Franklin Rzucek.(Hoffman, Brad) |
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Att: 1
1 pgs
Proposed Order (PDF Only) Proposed Order re Joint Motion to Order Disbursement of Funds and Dismiss with Prejudice
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| Friday, August 28, 2020 | ||
| 43 | 43
order
Order on Motion for Leave to Restrict
Fri 08/28 12:36 PM
ORDER: Before the Court is the Joint Motion for Leave to Restrict40 , which the Court construes as seeking permission to file under level 1 restriction a single document which will resolve this case. The motion is GRANTED IN PART and DENIED IN PART. If the parties wish to dismiss this matter pursuant to a stipulated agreement, they should file public motion to do so. If they wish to file the agreement itself or provide further details as to matters referenced in the public filing, they may do so by separate restricted filing.SO ORDERED by Judge Raymond P. Moore on 8/28/2020. (Text Only Entry)(rmsec ) |
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| Thursday, August 27, 2020 | ||
| 42 | 42
misc
Advisory Document Noncompliance
Thu 08/27 10:51 AM
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re:40 Joint MOTION for Leave to Restrict filed by attorney Elyse Kay Ritchie. The document is incorrectly formatted. All pleadings and documents shall be double spaced. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 10.1 (Text Only Entry) (rvill, ) |
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| 41 | 41
misc
Advisory Attorney Noncompliance 2
Thu 08/27 10:49 AM
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re:40 Joint MOTION for Leave to Restrict filed by attorney Elyse Kay Ritchie. The s/ signatures on the motion 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) (rvill, ) |
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| 40 | 40
motion
Leave to Restrict
Thu 08/27 9:47 AM
Joint MOTION for Leave to Restrict by Defendants Sandra Ruzcek, Franklin Rzucek, Franklin Rzucek.(Ritchie, Elyse) |
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Att: 1
1 pgs
Proposed Order (PDF Only)
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| Tuesday, August 25, 2020 | ||
| 39 | 39
misc
Receipt
Tue 08/25 4:00 PM
RECEIPT for $75,000, no. COX096204 by Plaintiff Zurich American Insurance Company re:36 Order Authorizing Interpleader Deposit (28 U.S.C. Section 1335) (rvill, ) |
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| 38 | 38
misc
Receipt
Tue 08/25 3:59 PM
RECEIPT for $75,000, no. COX096203 by Plaintiff Zurich American Insurance Company re:36 Order Authorizing Interpleader Deposit (28 U.S.C. Section 1335). (rvill, ) |
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| 37 | 37
misc
Receipt
Tue 08/25 3:57 PM
RECEIPT for $300,000, no. COX096205 by Plaintiff Zurich American Insurance Company re:36 Order Authorizing Interpleader Deposit (28 U.S.C. Section 1335). (rvill, ) |
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| Tuesday, August 18, 2020 | ||
| 36 | 36
2
pgs
order
Order Authorizing Interpleader Deposit (28 U.S.C. Section 1335)
Tue 08/18 1:19 PM
ORDER Granting35 Plaintiff's Unopposed Motion to Interplead Funds into the Court's Registry, for Dismissal with Prejudice and for Permanent Injunction by Judge Raymond P. Moore on August 18, 2020. (rvill, ) |
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| Tuesday, August 11, 2020 | ||
| 35 | 35
motion
Interpleader Deposit (28 U.S.C. Section 1335)
Tue 08/11 3:38 PM
Unopposed Motion for Interpleader Deposit (28 U.S.C. Section 1335) , for Dismissal with Prejudice and For Permanent Injunction (Text Only Entry) by Plaintiff Zurich American Insurance Company.(Kay, David) |
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Att: 1
Proposed Order (PDF Only)
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| Wednesday, August 05, 2020 | ||
| 34 | 34
1
pgs
order
Order on Motion for Extension of Time to Answer or Otherwise Respond
Wed 08/05 9:25 AM
Minute ORDER by Magistrate Judge Michael E. Hegarty on 5 August 2020. Defendants' Unopposed Joint Motion for Extension of Time for Defendants to File Responsive Pleadings32 is granted. Defendants shall file an answer or other response to the operative pleading on or before September 3, 2020. In light of this order, the duplicate Defendants' Unopposed Joint Motion for Extension of Time for Defendants to File Responsive Pleadings30 is denied as moot.(cmadr, ) Modified to correct on 8/5/2020 (cmadr, ) |
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| Tuesday, August 04, 2020 | ||
| 33 | 33
order
Memorandum
Tue 08/04 4:36 PM
MEMORANDUM regarding32 Joint MOTION for Extension of Time to File Answer or Otherwise Respond and Notice of Settlement filed by Sandra Ruzcek, Franklin Rzucek, Ronnie Watts, Cindy Watts. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 8/4/2020. (Text Only Entry) (rmsec ) |
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| 32 | 32
motion
Extension of Time to File Answer or Otherwise Respond
Tue 08/04 4:32 PM
Joint MOTION for Extension of Time to File Answer or Otherwise Respond and Notice of Settlement by Defendants Sandra Ruzcek, Franklin Rzucek, Franklin Rzucek, Cindy Watts, Ronnie Watts.(Ritchie, Elyse) |
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Att: 1
Proposed Order (PDF Only) Order Granting Unopposed Joint Motion for Extension of Time for Defendants to File Responsive Pleadings and Notice of Settlement (Proposed)
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| 31 | 31
order
Memorandum
Tue 08/04 4:27 PM
MEMORANDUM regarding30 Joint MOTION for Extension of Time to File Answer or Otherwise Respond and Notice of Settlement filed by Franklin Rzucek. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 8/4/2020. (Text Only Entry) (rmsec ) |
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| 30 | 30
motion
Extension of Time to File Answer or Otherwise Respond
Tue 08/04 4:24 PM
Joint MOTION for Extension of Time to File Answer or Otherwise Respond and Notice of Settlement by Defendant Franklin Rzucek. (Ritchie, Elyse) |
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| 29 | 29
misc
Advisory Attorney Noncompliance 2
Tue 08/04 9:35 AM
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re:27 and28 Notices of Entry of Appearance filed by Elyse K. Ritchie and Brad L. Hoffman. Counsel have used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). Every pleading, written motion, and other paper to be filed electronically and requiring a signature must include a signature block with the filers name preceded by an s/ or /s/ and typed in the space where the signature would otherwise appear. DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/ signature and s/ followed by a typed signature to all future documents. (Text Only Entry) (rvill, ) |
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| Monday, August 03, 2020 | ||
| 28 | 28
notice
Notice of Entry of Appearance
Mon 08/03 4:53 PM
NOTICE of Entry of Appearance by Brad Lee Hoffman on behalf of Sandra Ruzcek, Franklin Rzucek Attorney Brad Lee Hoffman added to party Sandra Ruzcek(pty:dft), Attorney Brad Lee Hoffman added to party Franklin Rzucek (pty:dft) (Hoffman, Brad) |
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| 27 | 27
notice
Notice of Entry of Appearance
Mon 08/03 3:35 PM
NOTICE of Entry of Appearance by Elyse Kay Ritchie on behalf of Sandra Ruzcek, Franklin Rzucek Attorney Elyse Kay Ritchie added to party Sandra Ruzcek(pty:dft), Attorney Elyse Kay Ritchie added to party Franklin Rzucek (pty:dft) (Ritchie, Elyse) |
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| Thursday, July 30, 2020 | ||
| 26 | 26
3
pgs
misc
Notice of Filing Amended Pleading
Thu 07/30 3:27 PM
NOTICE of Filing Amended Pleading re24 Amended Complaint, by Plaintiff Zurich American Insurance Company(Kay, David) |
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Att: 1
10 pgs
Exhibit Exhibit A to Plaintiff's Notice of Filing First Amended Complaint for Interpleader and Declaratory Relief
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| 25 | 25
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pgs
order
Minute Order
Thu 07/30 2:51 PM
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 30 July 2020. Before the Court is a First Amended Complaint for Interpleader and Declaratory Relief (ECF24 ) filed as a matter of course pursuant to Fed. R. Civ. P. 15(a). Plaintiff has failed to comply with D.C. Colo. LCivR 15.1(a). On or before July 31, 2020, Plaintiff shall file a notice consistent with D.C. Colo. LCivR15.1(a); if Plaintiff fails to do so, the Court may recommend that the amended pleading be stricken. (cmadr, ) |
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| 24 | 24
10
pgs
cmp
Amended Complaint
Thu 07/30 1:06 PM
AMENDED COMPLAINT FOR INTERPLEADER AND DECLARATORY RELIEF against Franklin Rzucek, Cindy Watts, Ronnie Watts, Sandra Ruzcek, filed by Zurich American Insurance Company.(Kay, David) |
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Att: 1
7 pgs
Exhibit Exhibit A to First Amended Complaint for Interpleader and Declaratory Relief,
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Att: 2
44 pgs
Exhibit Exhibit B to First Amended Complaint for Interpleader and Declaratory Relief
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| 23 | 23
13
pgs
order
Scheduling Order
Thu 07/30 11:21 AM
SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 30 July 2020. (cmadr, ) |
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| 22 | 22
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pgs
minutes
Scheduling Conference ~Util - Set Scheduling Order Deadlines
Thu 07/30 11:06 AM
COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 7/30/2020. Discovery Deadline: January 11, 2021. Dispositive Motion Deadline: February 8, 2021. Initial Rule 26(a)(2) Disclosures: November 2, 2020. Rebuttal Rule 26(a)(2) Disclosures: December 1, 2020. Final Pretrial Conference set for 4/12/2021 01:45 PM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. FTR: A501. (cthom, |
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| Tuesday, July 28, 2020 | ||
| 21 | 21
order
Minute Order
Wed 07/29 8:32 AM
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 28 July 2020. Pursuant to this Court's June 4, 2020 and July 24, 2020 orders, the parties shall provide the Court with an editable copy (i.e., Word) of the proposed scheduling order by emailing it to hegarty_chambers@cod.uscourts.gov. (cmadr, ) |
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| 20 | 20
misc
Proposed Scheduling Order
Tue 07/28 3:26 PM
Proposed Scheduling Order by Plaintiff Zurich American Insurance Company. (Koger, M.) |
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| Friday, July 24, 2020 | ||
| 19 | 19
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pgs
order
Order on Motion for Extension of Time to File
Mon 07/27 8:39 AM
Minute ORDER by Magistrate Judge Michael E. Hegarty on 24 July 2020. Plaintiff's Unopposed Motion for Extension of Time to Submit the Proposed Scheduling Order17 is granted in part and denied in part. The Court will grant a five-day extension and permit the parties to file (and submit to chambers an editable copy of) a proposed scheduling order on or before July 28, 2020.(cmadr, ) |
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| 18 | 18
order
Memorandum
Fri 07/24 11:17 AM
MEMORANDUM regarding17 Unopposed MOTION for Extension of Time to Submit the Proposed Scheduling Order filed by Zurich American Insurance Company. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Raymond P. Moore on 7/24/2020. (Text Only Entry) (rmsec ) |
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| Thursday, July 23, 2020 | ||
| 17 | 17
motion
Extension of Time
Thu 07/23 5:28 PM
Unopposed MOTION for Extension of Time to Submit the Proposed Scheduling Order by Plaintiff Zurich American Insurance Company.(Kay, David) |
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Att: 1
Proposed Order (PDF Only)
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| Tuesday, July 14, 2020 | ||
| 16 | 16
order
Minute Order
Tue 07/14 4:32 PM
MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 7/14/2020. (Text Only Entry) (rmsec ) |
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| 15 | 15
order
Order Referring Case to Magistrate Judge
Tue 07/14 4:31 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 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, (4) conduct a pretrial conference and enter a pretrial order, and (5) 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 Judge Raymond P. Moore on 7/14/2020. (Text Only Entry) (rmsec ) |
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| Monday, July 13, 2020 | ||
| 14 | 14
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pgs
misc
Memorandum Returning Case
Mon 07/13 3:57 PM
MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Judge Raymond P. Moore for all further proceedings. All future pleadings should be designated as 20-cv-1598-RM (angar, ) |
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| Friday, July 10, 2020 | ||
| 13 | 13
misc
Letter Reassigning Case
Fri 07/10 3:47 PM
CASE REASSIGNED. pursuant to12 . All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock. All future pleadings should be designated as 20cv01598 LTB. (Text Only Entry) (cmadr, ) |
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| 12 | 12
order
Minute Order
Fri 07/10 3:19 PM
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 10 July 2020. Pursuant to the consent form filed by the parties declining consent under the D.C. Colo.LCivR 40.1(c)11 , 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). (cmadr, ) |
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| 11 | 11
misc
Consent to Jurisdiction of Magistrate Judge
Fri 07/10 1:55 PM
CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Zurich American Insurance Company All parties do not consent.. (Kay, David) |
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| Thursday, July 02, 2020 | ||
| 10 | 10
service
Waiver of Return of Service - Executed - Complaint
Thu 07/02 8:25 AM
WAIVER OF SERVICE Returned Executed by Zurich American Insurance Company. Ronnie Watts waiver sent on 6/4/2020, answer due 8/3/2020. (Koger, M.) |
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| 9 | 9
service
Waiver of Return of Service - Executed - Complaint
Thu 07/02 8:23 AM
WAIVER OF SERVICE Returned Executed by Zurich American Insurance Company. Cindy Watts waiver sent on 6/4/2020, answer due 8/3/2020. (Koger, M.) |
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| Wednesday, July 01, 2020 | ||
| 8 | 8
order
Minute Order
Wed 07/01 11:22 AM
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 1 July 2020. Due to a conflict in the Court's calendar, the Scheduling Conference currently set in this case on July 30, 2020 will now commence at 10:30 a.m. that same day in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. It is further ORDERED that Plaintiff shall notify all parties who have not entered anappearance of the date and time of the Scheduling Conference. (cmadr, ) |
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| Tuesday, June 23, 2020 | ||
| 7 | 7
1
pgs
service
Waiver of Return of Service - Executed - Complaint
Tue 06/23 2:51 PM
WAIVER OF SERVICE Returned Executed by Zurich American Insurance Company. Franklin Rzucek waiver sent on 6/5/2020, answer due 8/4/2020. (Koger, M.) |
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| Thursday, June 04, 2020 | ||
| 6 | 6
2
pgs
order
Minute Order
Thu 06/04 3:00 PM
MINUTE ORDER, by Magistrate Judge Michael E. Hegarty on 6/4/2020. Consent Form due by 7/10/2020. Proposed Scheduling Order due7/23/2020. Scheduling Conference set for 7/30/2020 01:30 PM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (apesa, ) |
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| 5 | 5
misc
Summons Issued
Thu 06/04 8:59 AM
SUMMONS issued by Clerk. (cmadr, ) |
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Att: 1
Summons,
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Att: 2
Summons,
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Att: 3
Magistrate Judge Consent Form
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| 3 | 3
misc
Advisory Attorney Noncompliance 2
Thu 06/04 8:42 AM
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re:1 Complaint filed by attorney M. Courtney Koger. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (cmadr, ) |
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| 2 | 2
misc
Administrative Notice
Thu 06/04 7:57 AM
Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (cmadr, ) |
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| Wednesday, June 03, 2020 | ||
| 4 | 4
misc
Case Assigned to Judge
Thu 06/04 8:53 AM
Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry (cmadr, ) |
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| 1 | 1
9
pgs
cmp
Complaint
Wed 06/03 5:40 PM
COMPLAINT FOR INTERPLEADER AND DECLARATORY RELIEF against Franklin Rzucek, Cindy Watts, Ronnie Watts (Filing fee $ 400,Receipt Number 1082-7324059)Attorney David Edward Kay added to party Zurich American Insurance Company(pty:pla), filed by Zurich American Insurance Company.(Kay, David) |
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Att: 1
Exhibit Exhibit A to Complaint,
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Att: 2
Exhibit Exhibit B to Complaint,
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Att: 3
2 pgs
Civil Cover Sheet Civil Case Cover Sheet,
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Att: 4
2 pgs
Summons Summons to Franklin Rzucek,
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Att: 5
2 pgs
Summons Summons to Ronnie Watts,
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Att: 6
2 pgs
Summons Summons to Cindy Watts
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