This case was last updated from U.S. District Courts on 03/04/2023 at 08:37:00 (UTC).

Flax v. Acuity, A Mutual Insurance Company

Case Summary

On 01/03/2023 Flax filed a Contract - Insurance lawsuit against Acuity, A Mutual Insurance Company. This case was filed in U.S. District Courts, Colorado District Court. The Judges overseeing this case are Michael E. Hegarty and Regina M. Rodriguez. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:23-CV-00006

  • Filing Date:

    01/03/2023

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

Judge Details

Referral Judge

Michael E. Hegarty

Presiding Judge

Regina M. Rodriguez

 

Party Details

Plaintiff

Wendy Flax

Defendant

Acuity, A Mutual Insurance Company

Attorney/Law Firm Details

Plaintiff Attorneys

Frank I. Scheitler

Attorney at Scheitler & Rezmovits, P.C.

675 Kalamath Street

Denver, CO 80204

Jamie H. Rezmovits

Attorney at Scheitler & Rezmovits, P.C.

675 Kalamath Street

Denver, CO 80204

Defendant Attorneys

Kurt Christian Temple

Attorney at Resnick & Louis PC

6500 South Quebec Street, Suite 300-32

Englewood, CO 80111

Hector Giovanni Camacho

Attorney at Resnick & Louis, PC

6500 South Quebec Street, Suite 220

Denver, CO 80111

 

Court Documents

#24

(#24) SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 21 February 2023. (cmadr, ) (Entered: 02/21/2023)

#23

(#23) COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 2/21/2023.FTR: A501. (cthom, ) (Entered: 02/21/2023)

#21

(#21) NOTICE of Entry of Appearance by Hector Giovanni Camacho on behalf of Acuity, A Mutual Insurance CompanyAttorney Hector Giovanni Camacho added to party Acuity, A Mutual Insurance Company(pty:dft) (Camacho, Hector) (Entered: 02/10/2023)

#19

(#19) Proposed Scheduling Order by Defendant Acuity, A Mutual Insurance Company. (Temple, Kurt) (Entered: 02/07/2023)

#18

(#18) MEMORANDUM RETURNING CASE, by Senior Judge John L. Kane. This case is randomly returned to Judge Regina M. Rodriguez for all further proceedings. All future pleadings should be designated as 23-cv-6-RMR(angar, ) (Entered: 02/07/2023)

#16

(#16) Minute ORDER by Magistrate Judge Michael E. Hegarty on 7 February 2023. Pursuant to the consent form filed by the parties declining consent under D.C.Colo.LCivR 40.1(c) (ECF #15 ), 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, ) (Entered: 02/07/2023)

#15

(#15) CONSENT to Jurisdiction of Magistrate Judge by Defendant Acuity, A Mutual Insurance Company All parties do not consent.. (Temple, Kurt) (Entered: 02/06/2023)

#8

(#8) NOTICE of Entry of Appearance by Frank I. Scheitler on behalf of Wendy FlaxAttorney Frank I. Scheitler added to party Wendy Flax(pty:pla) (Scheitler, Frank) (Entered: 01/04/2023)

7 #1

Exhibit A

7 #7

Main Document

#5

(#5) Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (norlin, ) (Entered: 01/03/2023)

#3

(#3) AMENDED COMPLAINT and Jury Demand against Acuity, A Mutual Insurance Company, filed by Wendy Flax.(norlin, ) (Entered: 01/03/2023)

1 #5

Civil Cover Sheet

1 #4

Exhibit D

1 #3

Exhibit C

1 #2

Exhibit B

1 #1

Exhibit A

1 #1

Main Document

12 More Documents Available

 

Docket Entries

  • 02/21/2023
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  • Docket(#24) SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 21 February 2023. (cmadr, ) (Entered: 02/21/2023)

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  • 02/21/2023
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  • Docket(#23) COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 2/21/2023.FTR: A501. (cthom, ) (Entered: 02/21/2023)

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  • 02/13/2023
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  • Docket(#22) ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #21 Notice of Entry of Appearance filed by attorney H. Giovanni Camacho. 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) (jtorr, ) (Entered: 02/13/2023)

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  • 02/10/2023
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  • Docket(#21) NOTICE of Entry of Appearance by Hector Giovanni Camacho on behalf of Acuity, A Mutual Insurance CompanyAttorney Hector Giovanni Camacho added to party Acuity, A Mutual Insurance Company(pty:dft) (Camacho, Hector) (Entered: 02/10/2023)

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  • 02/08/2023
  • Docket(#20) 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 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 2/8/2023. Text Only Entry (rmrja) (Entered: 02/08/2023)

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  • 02/07/2023
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  • Docket(#19) Proposed Scheduling Order by Defendant Acuity, A Mutual Insurance Company. (Temple, Kurt) (Entered: 02/07/2023)

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  • 02/07/2023
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  • Docket(#18) MEMORANDUM RETURNING CASE, by Senior Judge John L. Kane. This case is randomly returned to Judge Regina M. Rodriguez for all further proceedings. All future pleadings should be designated as 23-cv-6-RMR(angar, ) (Entered: 02/07/2023)

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  • 02/07/2023
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  • Docket(#17) CASE REASSIGNED pursuant to #16 Order. All parties do not consent. This case is randomly reassigned to Judge John L. Kane and drawn to Magistrate Judge Michael E. Hegarty. All future pleadings should be designated as 23-cv-00006-JLK. (Text Only Entry) (cmadr, ) (Entered: 02/07/2023)

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  • 02/07/2023
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  • Docket(#16) Minute ORDER by Magistrate Judge Michael E. Hegarty on 7 February 2023. Pursuant to the consent form filed by the parties declining consent under D.C.Colo.LCivR 40.1(c) (ECF #15 ), 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, ) (Entered: 02/07/2023)

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  • 02/06/2023
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  • Docket(#15) CONSENT to Jurisdiction of Magistrate Judge by Defendant Acuity, A Mutual Insurance Company All parties do not consent.. (Temple, Kurt) (Entered: 02/06/2023)

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4 More Docket Entries
  • 01/06/2023
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  • Docket(#10) DISCHARGED ORDER TO SHOW CAUSE by Magistrate Judge Michael E. Hegarty on 6 January 2023. It is ORDERED that Defendant file a written response to this Order to Show Cause on or before January 27, 2023, demonstrating why the Court should not remand this case (or recommend that it be remanded) for lack of subject matter jurisdiction. (cmadr, ) Modified pursuant to ECF #14 on 1/17/2023 (cmadr, ). (Entered: 01/06/2023)

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  • 01/04/2023
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  • Docket(#9) NOTICE of Entry of Appearance by Jamie H. Rezmovits on behalf of Wendy FlaxAttorney Jamie H. Rezmovits added to party Wendy Flax(pty:pla) (Rezmovits, Jamie) (Entered: 01/04/2023)

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  • 01/04/2023
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  • Docket(#8) NOTICE of Entry of Appearance by Frank I. Scheitler on behalf of Wendy FlaxAttorney Frank I. Scheitler added to party Wendy Flax(pty:pla) (Scheitler, Frank) (Entered: 01/04/2023)

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  • 01/03/2023
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  • Docket(#7) SUPPLEMENT/AMENDMENT to #1 Notice of Removal, by Defendant Acuity, A Mutual Insurance Company. (Attachments: #1 Exhibit A)(Temple, Kurt) (Entered: 01/03/2023)

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  • 01/03/2023
  • Docket(#6) Administrative Notice: Notice to filer of non-compliance with Notice of Removal case opening procedures. 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. 1446(a). All State court documents were not submitted.See Appendix B Notice of Removal in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry) (norlin, ) (Entered: 01/03/2023)

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  • 01/03/2023
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  • Docket(#5) Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (norlin, ) (Entered: 01/03/2023)

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  • 01/03/2023
  • Docket(#4) Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry (norlin, ) (Entered: 01/03/2023)

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  • 01/03/2023
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  • Docket(#3) AMENDED COMPLAINT and Jury Demand against Acuity, A Mutual Insurance Company, filed by Wendy Flax.(norlin, ) (Entered: 01/03/2023)

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  • 01/03/2023
  • Docket(#2) 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) (norlin, ) (Entered: 01/03/2023)

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  • 01/03/2023
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  • Docket(#1) NOTICE OF REMOVAL by Acuity, A Mutual Insurance Company from Boulder County District Court, Case Number 2022CV30416. (Filing fee $ 402, Receipt Number ACODC-8862354), filed by Acuity, A Mutual Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Temple, Kurt) (Entered: 01/03/2023)

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