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    Thacker v. Farmers Insurance Exchange Et Al - Document No. 10

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    Justia.com
    Procedural ORDER: All motions filed before removal of this case are hereby DENIED without prejudice to refiling {5 Motion to Stay, and 6 Motion to Consolidate Cases denied}, Plaintiffs shall forthwith file the currently operative complaint. Any motion to consolidate this case with others shall be filed no later than April 20, 2006. Status report due 04/20/06. Signed by Judge Lewis T. Babcock on 04/12/06. (rlp, ) 1:2006cv00558 Colorado District Court

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    Thacker v. Farmers Insurance Exchange Et Al - Document No. 10

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    Procedural ORDER: All motions filed before removal of this case are hereby DENIED without prejudice to refiling {5 Motion to Stay, and 6 Motion to Consolidate Cases denied}, Plaintiffs shall forthwith file the currently operative complaint. Any motion to consolidate this case with others shall be filed no later than April 20, 2006. Status report due 04/20/06. Signed by Judge Lewis T. Babcock on 04/12/06. (rlp, ) 1:2006cv00558 Colorado District Court

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    Thacker v. Farmers Insurance Exchange et al - Document No. 10

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    Procedural ORDER: All motions filed before removal of this case are hereby DENIED without prejudice to refiling {5 Motion to Stay, and 6 Motion to Consolidate Cases denied}, Plaintiffs shall forthwith file the currently operative complaint. Any motion to consolidate this case with others shall be filed no later than April 20, 2006. Status report due 04/20/06. Signed by Judge Lewis T. Babcock on 04/12/06. (rlp, ) 1:2006cv00558 Colorado District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    305 views3 pages

    Thacker v. Farmers Insurance Exchange Et Al - Document No. 10

    Uploaded by

    Justia.com
    Procedural ORDER: All motions filed before removal of this case are hereby DENIED without prejudice to refiling {5 Motion to Stay, and 6 Motion to Consolidate Cases denied}, Plaintiffs shall forthwith file the currently operative complaint. Any motion to consolidate this case with others shall be filed no later than April 20, 2006. Status report due 04/20/06. Signed by Judge Lewis T. Babcock on 04/12/06. (rlp, ) 1:2006cv00558 Colorado District Court

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    of 3

    Thacker v. Farmers Insurance Exchange et al Doc.

    10
    Case 1:06-cv-00558-LTB Document 10 Filed 04/12/2006 Page 1 of 3

    IN THE UNITED STATES DISTRICT COURT


    FOR THE DISTRICT OF COLORADO
    LEWIS T. BABCOCK, CHIEF JUDGE

    Civil Case No. 06-cv-00558-LTB-CBS

    ROBERT THACKER,

    Plaintiff,

    v.

    FARMERS INSURANCE EXCHANGE AND MID-CENTURY INSURANCE COMPANY,

    Defendant.
    ______________________________________________________________________

    PROCEDURAL ORDER
    ______________________________________________________________________

    This case is a procedural morass. It originated in the Boulder County District Court

    early in 2003. Plaintiff Robert Thacker, together with twenty or so other individuals, sued

    a whole slew of insurance companies, Defendant Farmers Insurance Exchange and Mid-

    Century Insurance Company among them. The twenty or so plaintiffs purported to bring

    the case as a class action.

    After what appear to have been desultory proceedings spanning over two-and-one-

    half years, most of the defendants, including Farmers, filed motions to sever in September,

    2005. After twisting in the wind for over six months, at least some of the plaintiffs,

    including Thacker, stipulated to severance. On February 24, 2006, the Boulder County

    District Court granted the stipulated motions, evidently creating myriad separate cases

    under the umbrella of one case number.

    Dockets.Justia.com
    Case 1:06-cv-00558-LTB Document 10 Filed 04/12/2006 Page 2 of 3

    Next, on March 24, 2006, Farmers filed its Notice of Removal in this severed case.

    So, evidently, did a number of other insurance companies. The cases have been

    scattered randomly among the judicial officers of this Court.

    Unfortunately, the transfer of filings from the state system to the federal system has

    not been seamless. The confusion is exacerbated by the fact that many pleadings bear

    an abbreviated caption naming the lead plaintiff and lead defendant only. It is not clear

    whether all of the severed cases have now been removed or whether some remain in state

    court. While counsel have tried to ameliorate the problem by tendering a CDROM

    purporting to contain an index, a set of pre-severance pleadings, and a set of post-

    severance pleadings, the CDROM is cumbersome to use. It remains virtually impossible

    for the Court and the Clerk’


    s Office to know what matters are pending and what things

    have been resolved. Accordingly, it is

    ORDERED as follows:

    1. All motions filed before removal of this case are hereby DENIED without

    prejudice to re-filing, so that the motions can be filed electronically in this Court’
    s CM/ECF

    system and assigned docketing numbers.

    2. Plaintiffs shall forthwith file the currently-operative complaint.

    3. On or before April 20, 2006, the parties will confer and file a status report

    containing, inter alia, (1) a listing of the severed plaintiffs in the state court case whose

    cases remain pending in state court, (2) a list of severed defendants whose cases remain

    in state court, and (3) the numbers and captions of the severed cases which have now

    been removed to federal court.

    2
    Case 1:06-cv-00558-LTB Document 10 Filed 04/12/2006 Page 3 of 3

    4. Any motion to consolidate this case with others shall be filed no later than April

    20, 2006. The time for filing any response shall be as provided in the federal and local

    rules.

    BY THE COURT:

    s/Lewis T. Babcock
    Lewis T. Babcock, Chief Judge

    DATED: April 12, 2006

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