Campbell v. State Farm Mutual Automobile Insurance Company

Colorado District Court
Judge:Philip A Brimmer
Referred: Kathryn A Starnella
Case #: 1:25-cv-00049
Nature of Suit110 Contract - Insurance
Cause28:1332 Diversity-Breach of Contract
Case Filed:Jan 07, 2025
Case in other court:Chaffee County District Court, 2024CV030039
Last checked: Tuesday Jan 07, 2025 2:05 PM MST
Defendant
State Farm Mutual Automobile Insurance Company
Represented By
Karl A. Chambers
Patterson Ripplinger PC
contact info
Franklin D. Patterson
Patterson Ripplinger PC
contact info
Plaintiff
Ryley Campbell


Docket last updated: 01/20/2025 11:59 PM MST
Wednesday, January 15, 2025
17 17 order Order Referring Case to Magistrate Judge Wed 01/15 8:22 AM
ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella 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 1/15/2025. Text Only Entry (pabsec, )
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Tuesday, January 14, 2025
16 16 misc Statement Tue 01/14 6:59 PM
STATEMENT Fed. R. Civ. P. 7.1(a)(2) Disclosure by Plaintiff Ryley Campbell. (Sirchio, Joseph)
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Monday, January 13, 2025
15 15 notice Notice (Other) Mon 01/13 10:02 AM
NOTICE re 5 Administrative Notice re Notice of Removal (Notice of Filing of State Court Docket) by Defendant State Farm Mutual Automobile Insurance Company(Patterson, Franklin)
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Att: 1 Exhibit A - Docket
Thursday, January 09, 2025
14 14 misc Summons Issued Thu 01/09 4:41 PM
SUMMONSES issued by Clerk. (cmadr, )
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Wednesday, January 08, 2025
13 13 notice Notice of Entry of Appearance Wed 01/08 5:13 PM
NOTICE of Entry of Appearance by Joseph Anton Sirchio on behalf of Ryley CampbellAttorney Joseph Anton Sirchio added to party Ryley Campbell(pty:pla) (Sirchio, Joseph)
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Tuesday, January 07, 2025
12 12 order Minute Order Tue 01/07 4:13 PM
MINUTE ORDER by Chief Judge Philip A. Brimmer on 1/07/2025. The Notice of Removal asserts that plaintiff is a resident of Colorado. Docket No.1 at 2. 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)(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 January 14, 2025 plaintiff Ryley Campbell 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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11 11 misc Magistrate Judge Consent Form Tue 01/07 2:03 PM
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agryan)
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10 10 misc Case Assigned to Judge Tue 01/07 2:03 PM
Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (agryan)
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9 9 answer Answer to Complaint Tue 01/07 2:02 PM
DEFENDANT'S ANSWER AND JURY DEMAND to7 Complaint and Jury Demand by State Farm Mutual Automobile Insurance Company.(agryan)
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8 8 service Affidavit/Return of Service - Other than Complaint Tue 01/07 2:01 PM
AFFIDAVIT of Service of Coversheet, Summons, Complaint upon State Farm Mutual Automobile Insurance Company on 12/10/2024, filed by Plaintiff Ryley Campbell (agryan)
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7 7 cmp Complaint Tue 01/07 2:00 PM
COMPLAINT and JURY DEMAND against State Farm Mutual Automobile Insurance Company, filed by Ryley Campbell.(agryan)
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6 6 misc Notice to Attorney(s) in Removed, Transferred or Other Cases Tue 01/07 2:00 PM
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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5 5 misc Removal: Administrative Notices Tue 01/07 1:59 PM
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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4 4 notice Notice of Entry of Appearance Tue 01/07 1:11 PM
NOTICE of Entry of Appearance of Karl A. Chambers by Karl A. Chambers on behalf of State Farm Mutual Automobile Insurance CompanyAttorney Karl A. Chambers added to party State Farm Mutual Automobile Insurance Company(pty:dft) (Chambers, Karl)
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3 3 notice Notice of Entry of Appearance Tue 01/07 1:09 PM
NOTICE of Entry of Appearance of Franklin D. Patterson by Franklin D. Patterson on behalf of State Farm Mutual Automobile Insurance Company (Patterson, Franklin)
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2 2 misc Corporate Disclosure Statement Tue 01/07 1:08 PM
CORPORATE DISCLOSURE STATEMENT. (Patterson, Franklin)
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1 1 notice Notice of Removal Tue 01/07 1:07 PM
NOTICE OF REMOVAL by State Farm Mutual Automobile Insurance Company from Chaffee County District Court, Case Number 2024 CV 030039. (Filing fee $ 405, Receipt Number ACODC-10074873), filed by State Farm Mutual Automobile Insurance Company.(Patterson, Franklin)
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Att: 1 Exhibit A - Complaint,
Att: 2 Exhibit B - Civil Cover Sheet,
Att: 3 Exhibit C - Summons,
Att: 4 Exhibit D - AOS,
Att: 5 Exhibit E - Answer,
Att: 6 Exhibit F - SOS Summary,
Att: 7 Exhibit G - DRO,
Att: 8 Exhibit H - DRO,
Att: 9 Exhibit I - DRO,
Att: 10 Civil Cover Sheet