Bortz v. Federal Insurance Company
| Colorado District Court | |
| Judge: | Philip A Brimmer |
| Referred: | N Reid Neureiter |
| Case #: | 1:24-cv-03125 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Nov 11, 2024 |
| Case in other court: | DISTRICT COURT, PITKIN COUNTY, COLORADO, 2024cv30048 |
| Last checked: Monday Nov 11, 2024 5:12 PM MST |
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Defendant
Federal Insurance Company
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Represented By
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Plaintiff
Neil K. Bortz
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Trustee
Adam Bortz
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| Docket last updated: 1 hours ago |
| Tuesday, November 19, 2024 | ||
| 21 | 21
order
Order on Motion for Extension of Time to Answer or Otherwise Respond
Tue 11/19 3:01 PM
MINUTE ORDER The Joint Motion for Extension of Time to Respond to Plaintiffs' First Amended Complaint (ECF No.10 ) is GRANTED. Defendant shall answer or otherwise respond to Plaintiffs' Amended Complaint (ECF No.6 ) on or before January 15, 2025. PLEASE READ ATTACHED MINUTE ORDER. Entered by Magistrate Judge N. Reid Neureiter on 11/19/2024.(norlin, ) |
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order
Order
Tue 11/19 2:57 PM
ORDER SETTING SCHEDULING/PLANNING CONFERENCE The above-captioned case has been referred to Magistrate Judge N. Reid Neureiter pursuant to the Order Referring Case, entered by Chief Judge Philip A. Brimmer on November 19, 2024 (Dkt. # 17 ). A Scheduling/Planning Conference pursuant to Fed.R.Civ.P.16(b) shall be held on: March 4, 2025 at 11:00 a.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 11/19/2024. (norlin, ) |
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notice
Notice of Entry of Appearance
Tue 11/19 9:51 AM
NOTICE of Entry of Appearance by David H. McConaughy on behalf of All Plaintiffs Attorney David H. McConaughy added to party Neil K. Bortz(pty:pla), Attorney David H. McConaughy added to party Adam Bortz(pty:pla) (McConaughy, David) |
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order
Memorandum
Tue 11/19 8:37 AM
MEMORANDUM regarding10 Joint MOTION for Extension of Time to File Answer or Otherwise Respond re6 Amended Complaint filed by Federal Insurance Company. Motion referred to Magistrate Judge N. Reid Neureiter, by Chief Judge Philip A. Brimmer on 11/19/2024. Text Only Entry (pabsec, ) |
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| 17 | 17
order
Order Referring Case to Magistrate Judge
Tue 11/19 8:37 AM
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter 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 11/19/2024. Text Only Entry (pabsec, ) |
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| Monday, November 18, 2024 | ||
| 16 | 16
misc
Corporate Disclosure Statement
Mon 11/18 4:03 PM
CORPORATE DISCLOSURE STATEMENT. (Atkins, Andrew) |
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| Thursday, November 14, 2024 | ||
| 15 | 15
misc
Corporate Disclosure Statement
Thu 11/14 9:43 AM
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Chubb Limited, Corporate Parent Chubb Group Holdings Inc., Corporate Parent Chubb INA Holdings LLC for Federal Insurance Company. (Samberg, Amy) |
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| Wednesday, November 13, 2024 | ||
| 14 | 14
notice
Notice of Entry of Appearance
Wed 11/13 3:07 PM
NOTICE of Entry of Appearance by Jordan M. Quick on behalf of Federal Insurance CompanyAttorney Jordan M. Quick added to party Federal Insurance Company(pty:dft) (Quick, Jordan) |
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| 13 | 13
notice
Notice of Entry of Appearance
Wed 11/13 3:06 PM
NOTICE of Entry of Appearance by Amy M. Samberg on behalf of Federal Insurance Company (Samberg, Amy) |
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| 12 | 12
order
Minute Order
Wed 11/13 12:47 PM
MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/13/2024. The Notice of Removal, citing the complaint, asserts that plaintiff Neil Bortz has a "principal place of residence" in Ohio. Docket No.1 at 3. The Notice of Removal also asserts, without support, that Adam Bortz (the trustee of the Niel K. Bortz Grantor Trust #2) is a resident of Ohio. Id . The notice of removal then claims that, "[a]s Plaintiffs are domiciled in and citizens of Ohio," the is complete diversity. Id . Residency, however, 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). "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 19, 2024 , plaintiffs Neil and Adam Bortz shall file a disclosure statement in accordance with Rule 7.1 identifying their citizenship at the time of removal. Text Only Entry (pabsec, ) |
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| Tuesday, November 12, 2024 | ||
| 11 | 11
misc
Advisory Attorney Noncompliance 2
Wed 11/13 10:32 AM
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re:9 Notice of Entry of Appearance filed by attorney Andre Atkins. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (angar, ) |
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motion
Extension of Time to File Answer or Otherwise Respond
Tue 11/12 4:55 PM
Joint MOTION for Extension of Time to File Answer or Otherwise Respond re6 Amended Complaint by Defendant Federal Insurance Company.(Samberg, Amy) |
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Att: 1
Proposed Order (PDF Only) Proposed Order
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notice
Notice of Entry of Appearance
Tue 11/12 1:06 PM
NOTICE of Entry of Appearance by Andrew Ross Atkins on behalf of All Plaintiffs Attorney Andrew Ross Atkins added to party Neil K. Bortz(pty:pla), Attorney Andrew Ross Atkins added to party Adam Bortz(pty:pla) (Atkins, Andrew) |
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misc
Magistrate Judge Consent Form
Tue 11/12 8:32 AM
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agryan) |
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misc
Case Assigned to Judge
Tue 11/12 8:31 AM
Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (agryan) |
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cmp
Amended Complaint
Tue 11/12 8:29 AM
AMENDED COMPLAINT AND JURY DEMAND against Federal Insurance Company, filed by Neil K. Bortz, Adam Bortz.(agryan) |
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2
pgs
misc
Order - State Court
Tue 11/12 8:28 AM
STATE COURT ORDER Granting Motion For Enlargement Of Time To Effectuate Service Of Process by Pitkin County District Court Judge Christopher Giles Seldin. (agryan) |
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cmp
Complaint
Tue 11/12 8:27 AM
COMPLAINT AND JURY DEMAND against Chubb LTD GRP and Federal Insurance Company, filed by Neil K. Bortz.(agryan) |
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misc
Removal: Administrative Notices
Tue 11/12 8:26 AM
ADMINISTRATIVE REMINDER to Filer. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a when filing a Notice of Removal. (Text only entry.) (agryan) |
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| 2 | 2
misc
Notice to Attorney(s) in Removed, Transferred or Other Cases
Tue 11/12 8:25 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) (agryan) |
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| Monday, November 11, 2024 | ||
| 1 | 1
notice
Notice of Removal
Mon 11/11 4:12 PM
NOTICE OF REMOVAL by Federal Insurance Company from DISTRICT COURT, PITKIN COUNTY, COLORADO, Case Number 2024CV30048. (Filing fee $ 405, Receipt Number ACODC-9977987), filed by Federal Insurance Company.(Samberg, Amy) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Civil Cover Sheet Civil Cover Sheet
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