This case was last updated from U.S. District Courts on 10/02/2020 at 16:19:07 (UTC).

Shafter et al v. Sompo America Insurance Company et al

Case Summary

On 05/20/2020 Shafter filed a Contract - Insurance lawsuit against Sompo America Insurance Company. This case was filed in U.S. District Courts, Colorado District. The Judge overseeing this case is R. Brooke Jackson. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:20-CV-01441

  • Filing Date:

    05/20/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

  • Courthouse:

    Colorado District

Judge Details

Presiding Judge

R. Brooke Jackson

 

Party Details

Plaintiffs

Sarah Shafter

Erie, CO 80516

John Shafter

Erie, CO 80516

Defendants

State Farm Mutual Automobile Insurance Company

Sompo America Insurance Company

Attorney/Law Firm Details

Plaintiff Attorneys

Jamey William Jamison

Attorney at Harris Karstaedt Jamison & Powers PC-Englewood

10333 East Dry Creek Road, Suite 300

Englewood, CO 80112

Dino Gabriel Moncecchi

Attorney at Harris Karstaedt Jamison & Powers PC-Englewood

10333 East Dry Creek Road, Suite 300

Englewood, CO 80112

Andrew James Carafelli

Attorney at Harris Karstaedt Jamison & Powers PC-Englewood

10333 East Dry Creek Road, Suite 300

Englewood, CO 80112

Defendant Attorneys

Nathaniel S. Barker

Attorney at Messner Reeves LLP-Greenwood Village

6465 Greenwood Plaza Boulevard, Suite 650

Greenwood Village, CO 80111

Heather A. Salg

Attorney at Messner Reeves LLP-Greenwood Village

6465 Greenwood Plaza Boulevard, Suite 650

Greenwood Village, CO 80111

Stephanie A. Montague

Attorney at Hall & Evans LLC-Denver

1001 Seventeenth Street, Suite 300

Denver, CO 80202

Vicki Marie Pace

Attorney at Hall & Evans LLC-Denver

1001 Seventeenth Street, Suite 300

Denver, CO 80202

 

Court Documents

#28

(#28) ORDER SETTING TRIAL AND TRIAL PREPARATION CONFERENCE: This matter is set for a five-day Jury Trial to commence on October 25, 2021 at 9:00 a.m. on the docket of Judge R. Brooke Jackson U.S. District Courthouse, Courtroom A902, 9th Floor, 901 19th Street, Denver, Colorado. A Trial Preparation Conference is set for August 20, 2021 at 1:30 p.m. By Judge R. Brooke Jackson on 9/14/2020. (rbjsec. ) (Entered: 09/14/2020)

27 #1

redlined version

#27

(#27) SCHEDULING ORDER: Discovery due by 4/1/2021. Dispositive Motions due by 4/30/2021. by Judge R. Brooke Jackson on 8/18/20. (Attachments: #1 redlined version) (jdyne, ) (Entered: 08/18/2020)

#26

(#26) Proposed Scheduling Order by Plaintiffs John Shafter, Sarah Shafter. (Carafelli, Andrew) (Entered: 08/14/2020)

#24

(#24) Defendant Sompo's ANSWER to #23 Amended Complaint by Sompo America Insurance Company.(Montague, Stephanie) (Entered: 06/29/2020)

#23

(#23) AMENDED COMPLAINT and Jury Demand against Sompo America Insurance Company, filed by Sarah Shafter, John Shafter.(Carafelli, Andrew) (Entered: 06/15/2020)

#22

(#22) NOTICE of Voluntary Dismissal of Party without Prejudice of State Farm Mutual Automobile Insurance Company Pursuant to FRCP 41(a)(1)(A) by Plaintiffs John Shafter, Sarah Shafter (Carafelli, Andrew) (Entered: 06/12/2020)

#20

(#20) LETTER re: #19 Letter re: #18 dated 6/4/2020 from Stephanie A. Montague by Plaintiffs John Shafter, Sarah Shafter. (Moncecchi, Dino) (Entered: 06/09/2020)

#14

(#25) MINUTE ORDER re: #14 Order to Set Scheduling Conference. Due to the COVID-19 pandemic the Court will not hold a Scheduling Conference. Rather, the Court requests that counsel confer and attempt to agree on a schedule and submit a proposed scheduling order by 8/14/2020 pointing out any areas of disagreement. Please email the proposed order to Jackson_Chambers@cod.uscourts.gov in Word format and efile into CM/ECF. The Court will review the proposed order and make such rulings as are appropriate and will provide the parties with potential trial preparation conference and trial dates for you to choose from. By Judge R. Brooke Jackson on 7/21/2020. Text Only Entry (rbjsec. ) (Entered: 07/21/2020)

1 #8

Civil Cover Sheet Civil Cover Sheet

1 #7

Exhibit G - 2020-05-07 Return of Service - State Farm Mutual Automobile Insuranc

1 #6

Exhibit F - 2020-05-07 Summons - State Farm (01583763x9D95D)

1 #5

Exhibit E - Register of Actions and Party Information

1 #4

Exhibit D - 2020-04-28 Civil Cover Sheet

1 #3

Exhibit C - 2020-05-07 Summons - Sompo (01583766x9D95D)

1 #2

Exhibit B - 2020-05-07 Return of Service - Sompo America Insurance Company (0158

1 #1

Exhibit A - 2020-04-28 Complaint and Jury Demand

#1

(#1) NOTICE OF REMOVAL by Sompo America Insurance Company from District Court, County of Boulder, State of Colorado, Case Number 2020cv30377. (Filing fee $ 400, Receipt Number 1082-7304245), filed by Sompo America Insurance Company. (Attachments: #1 Exhibit A - 2020-04-28 Complaint and Jury Demand, #2 Exhibit B - 2020-05-07 Return of Service - Sompo America Insurance Company (01587202x9D95D), #3 Exhibit C - 2020-05-07 Summons - Sompo (01583766x9D95D), #4 Exhibit D - 2020-04-28 Civil Cover Sheet, #5 Exhibit E - Register of Actions and Party Information, #6 Exhibit F - 2020-05-07 Summons - State Farm (01583763x9D95D), #7 Exhibit G - 2020-05-07 Return of Service - State Farm Mutual Automobile Insurance Company (01587199x9D95D), #8 Civil Cover Sheet Civil Cover Sheet)(Montague, Stephanie) (Entered: 05/20/2020)

23 More Documents Available

 

Docket Entries

  • 09/14/2020
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  • Docket(#28) ORDER SETTING TRIAL AND TRIAL PREPARATION CONFERENCE: This matter is set for a five-day Jury Trial to commence on October 25, 2021 at 9:00 a.m. on the docket of Judge R. Brooke Jackson U.S. District Courthouse, Courtroom A902, 9th Floor, 901 19th Street, Denver, Colorado. A Trial Preparation Conference is set for August 20, 2021 at 1:30 p.m. By Judge R. Brooke Jackson on 9/14/2020. (rbjsec. ) (Entered: 09/14/2020)

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  • 08/18/2020
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  • Docket(#27) SCHEDULING ORDER: Discovery due by 4/1/2021. Dispositive Motions due by 4/30/2021. by Judge R. Brooke Jackson on 8/18/20. (Attachments: #1 redlined version) (jdyne, ) (Entered: 08/18/2020)

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  • 08/14/2020
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  • Docket(#26) Proposed Scheduling Order by Plaintiffs John Shafter, Sarah Shafter. (Carafelli, Andrew) (Entered: 08/14/2020)

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  • 07/21/2020
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  • Docket(#25) MINUTE ORDER re: #14 Order to Set Scheduling Conference. Due to the COVID-19 pandemic the Court will not hold a Scheduling Conference. Rather, the Court requests that counsel confer and attempt to agree on a schedule and submit a proposed scheduling order by 8/14/2020 pointing out any areas of disagreement. Please email the proposed order to Jackson_Chambers@cod.uscourts.gov in Word format and efile into CM/ECF. The Court will review the proposed order and make such rulings as are appropriate and will provide the parties with potential trial preparation conference and trial dates for you to choose from. By Judge R. Brooke Jackson on 7/21/2020. Text Only Entry (rbjsec. ) (Entered: 07/21/2020)

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  • 06/29/2020
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  • Docket(#24) Defendant Sompo's ANSWER to #23 Amended Complaint by Sompo America Insurance Company.(Montague, Stephanie) (Entered: 06/29/2020)

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  • 06/15/2020
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  • Docket(#23) AMENDED COMPLAINT and Jury Demand against Sompo America Insurance Company, filed by Sarah Shafter, John Shafter.(Carafelli, Andrew) (Entered: 06/15/2020)

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  • 06/12/2020
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  • Docket(#22) NOTICE of Voluntary Dismissal of Party without Prejudice of State Farm Mutual Automobile Insurance Company Pursuant to FRCP 41(a)(1)(A) by Plaintiffs John Shafter, Sarah Shafter (Carafelli, Andrew) (Entered: 06/12/2020)

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  • 06/11/2020
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  • Docket(#21) MINUTE ORDER re: #19 Letter filed by Sompo America Insurance Company, #20 Letter filed by John Shafter, Sarah Shafter. The Court has reviewed the pleadings and counsel's letters. Given that the plaintiff has asserted claims for common law bad faith and unreasonable delay or denial, it is not clear to me why plaintiffs believe that a CCPA claim adds anything of value to their claim. Setting that aside, it is this Court's experience that CCPA claims rarely proceed to trial and judgment; rather, they are frequently dismissed early in a case because of the significant public impact requirement and/or others of the five elements. If plaintiffs nevertheless insist on maintaining the Fourth Claim, then the Court grants permission for the defendant to file a Rule 12(b)(6) claim. By Judge R. Brooke Jackson on 6/11/2020. Text Only Entry (rbjsec. ) (Entered: 06/11/2020)

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  • 06/09/2020
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  • Docket(#20) LETTER re: #19 Letter re: #18 dated 6/4/2020 from Stephanie A. Montague by Plaintiffs John Shafter, Sarah Shafter. (Moncecchi, Dino) (Entered: 06/09/2020)

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  • 06/04/2020
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  • Docket(#19) LETTER re: #18 Answer to Amended Complaint and proposed Motion to Dismiss Fourth Claim for Relief by Defendant Sompo America Insurance Company. (Montague, Stephanie) (Entered: 06/04/2020)

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8 More Docket Entries
  • 05/21/2020
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  • Docket(#10) NOTICE of Entry of Appearance by Jamey William Jamison on behalf of All Plaintiffs Attorney Jamey William Jamison added to party John Shafter(pty:pla), Attorney Jamey William Jamison added to party Sarah Shafter(pty:pla) (Jamison, Jamey) (Entered: 05/21/2020)

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  • 05/21/2020
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  • Docket(#9) NOTICE of Entry of Appearance by Dino Gabriel Moncecchi on behalf of All Plaintiffs Attorney Dino Gabriel Moncecchi added to party John Shafter(pty:pla), Attorney Dino Gabriel Moncecchi added to party Sarah Shafter(pty:pla) (Moncecchi, Dino) (Entered: 05/21/2020)

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  • 05/21/2020
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  • Docket(#8) NOTICE of Entry of Appearance by Andrew James Carafelli on behalf of All Plaintiffs Attorney Andrew James Carafelli added to party John Shafter(pty:pla), Attorney Andrew James Carafelli added to party Sarah Shafter(pty:pla) (Carafelli, Andrew) (Entered: 05/21/2020)

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  • 05/20/2020
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  • Docket(#7) Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (trvo, ) (Entered: 05/21/2020)

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  • 05/20/2020
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  • Docket(#6) RETURN of Service of Complaint and Summons upon State Farm Mutual Automobile Insurance Company on 04/30/2020. (trvo, ) (Entered: 05/21/2020)

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  • 05/20/2020
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  • Docket(#5) RETURN of Service of Complaint and Summons upon Sompo America Insurance Company on 04/30/2020. (trvo, ) (Entered: 05/21/2020)

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  • 05/20/2020
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  • Docket(#4) COMPLAINT and Jury Demand against Sompo America Insurance Company, State Farm Mutual Automobile Insurance Company, filed by Sarah Shafter, John Shafter.(trvo, ) (Entered: 05/21/2020)

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  • 05/20/2020
  • Docket(#3) Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (trvo, ) (Entered: 05/21/2020)

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  • 05/20/2020
  • 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 withdrawls 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) (trvo, ) (Entered: 05/21/2020)

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  • 05/20/2020
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  • Docket(#1) NOTICE OF REMOVAL by Sompo America Insurance Company from District Court, County of Boulder, State of Colorado, Case Number 2020cv30377. (Filing fee $ 400, Receipt Number 1082-7304245), filed by Sompo America Insurance Company. (Attachments: #1 Exhibit A - 2020-04-28 Complaint and Jury Demand, #2 Exhibit B - 2020-05-07 Return of Service - Sompo America Insurance Company (01587202x9D95D), #3 Exhibit C - 2020-05-07 Summons - Sompo (01583766x9D95D), #4 Exhibit D - 2020-04-28 Civil Cover Sheet, #5 Exhibit E - Register of Actions and Party Information, #6 Exhibit F - 2020-05-07 Summons - State Farm (01583763x9D95D), #7 Exhibit G - 2020-05-07 Return of Service - State Farm Mutual Automobile Insurance Company (01587199x9D95D), #8 Civil Cover Sheet Civil Cover Sheet)(Montague, Stephanie) (Entered: 05/20/2020)

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