National Chiro Mut v. Kancilia, et al

Federal Civil Lawsuit Colorado District Court, Case No. 1:01-cv-02053-CAB-MJW
District Judge WY. Clarence A. Brimmer, presiding
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District Judge WY. Clarence A. Brimmer
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Parties
No Logo National Chiropractic Mutual Insurance Company, Plaintiff

Represented by blglaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Catherine Anne Tallerico +1 303 776 9900 +1 303 776 9100 ctallerico@lgkhlaw.com

Represented by Fowler, Schimberg & Flanagan, PC

Name Phone Fax E-Mail
Space Katherine Taylor Eubank +1 303 298 8603 +1 303 298 8748 k_eubank@fsf-law.com
Space Timothy Peter Schimberg +1 303 366 6363 +1 303 298 8748 t_schimberg@fsf-law.com
No Logo Denise L. Fahy, Counter-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Rickey C. DeWitt +1 303 781 1010 +1 303 781 1019 rickdewittlawfirm@yahoo.com
No Logo Michele Pearson, Counter-Claimant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Rickey C. DeWitt +1 303 781 1010 +1 303 781 1019 rickdewittlawfirm@yahoo.com
v.
No Logo Denise L. Fahy, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Rickey C. DeWitt +1 303 781 1010 +1 303 781 1019 rickdewittlawfirm@yahoo.com
No Logo Michele Pearson, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Rickey C. DeWitt +1 303 781 1010 +1 303 781 1019 rickdewittlawfirm@yahoo.com
No Logo William E. Kancilia, Defendant

Represented by ahllaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Chad Patrick Hemmat +1 303 839 5000 +1 303 839 5028 chad@ahllaw.com
No Logo National Chiropractic Mutual Insurance Company, Counter-Defendant

Represented by blglaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Catherine Anne Tallerico +1 303 776 9900 +1 303 776 9100 ctallerico@lgkhlaw.com

Represented by Fowler, Schimberg & Flanagan, PC

Name Phone Fax E-Mail
Space Katherine Taylor Eubank +1 303 298 8603 +1 303 298 8748 k_eubank@fsf-law.com
Space Timothy Peter Schimberg +1 303 366 6363 +1 303 298 8748 t_schimberg@fsf-law.com
Attributes
Office Denver
Filed 10/16/2001
Jury Demand None
Demand $0
Nature of Suit 110 - Contract - Insurance
Cause Section 28 U.S.C. § 2201 Declaratory Judgement
Jurisdiction Diversity
Disposition Judgment - Motion Before Trial
County XX US, Outside State
Terminated 9/11/2002
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 02-1452[]
Def Custody Status
Flag TERMED
Timeline
  Entries (72) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 70 Filed: 10/28/2003, Entered: 10/29/2003 USCA Mandate
MANDATE from the Court of Appeals; CA # 02-1452; Dt issued 10/27/03; ORDER AND JUDGMENT filed 10/3/03 affirming the decision of the District Court on appeal [65-1] (msn)
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Blank 68 Filed: 10/21/2002, Entered: 10/21/2002 Letter re Appeal
LETTER (Re: [65-1] ) to USCA and all counsel advising that record is now complete (TOF filed stating transcript is not necessary) (gms)
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Blank 69 Filed: 10/18/2002, Entered: 10/23/2002 Statement
Designation of Record (STATEMENT) by appellants/defendants Denise L. Fahy, Michele Pearson re: appeal [65-1] (gms)
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Blank 67 Filed: 10/18/2002, Entered: 10/21/2002 Transcript Order Form
NOTICE OF TRANSCRIPT ORDER FORM filed by defendants/appellants ; (Transcript not necessary) appeal [65-1] (gms)
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Blank 66 Filed: 10/11/2002, Entered: 10/11/2002 USCA Case Number
NOTIFICATION by Circuit Court of assignment of Case No. [65-1] 02-1452 (gms)
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Blank 65 Filed: 10/9/2002, Entered: 10/9/2002, Terminated: 10/28/2003 Notice of Appeal
NOTICE OF APPEAL by defendants Denise L. Fahy, Michele Pearson judgment [64-2] ; Notice of transcript order form due 10/21/02 ; Notice mailed to all counsel on 10/9/02 (gms)
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Blank -- Filed: 10/9/2002, Entered: 10/9/2002 USCA Appeal Fees
$100.00 fee and $5.00 fee paid. Receipt No 238389. re: appeal [65-1] (gms)
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Blank 64 Filed: 9/11/2002, Entered: 9/11/2002 Judgment*
JUDGMENT: by Stephen P. Ehrlich, Chief Deputy Clerk for Clerk James R. Manspeaker n accordance with [63-1] order, Ordered: pltf's motion for summary judgment is granted; it is Further ORdered that judgment shall enter in favor of pltf and against dfts William E. Kancilia, D.C., Denise L. Fahy and Michele Person, as to each of the dfts claims, it is Further Ordered that dfts Fahy and Pearson's counterclaim is hereby dismissed with prejudice; it is Further Ordered: pursuant to the Declaratory Judgments Act, judgment shall hereby enter in favor of pltf as follows: pltf is not obligated under the relevant Professional Liability Insurance Policies to indemnify William Kancilia D.C. for any damages claimed or for the judgment entered agianst him in the action brought Pearson and Fahy. Pltf has no further obligation to defnd the action of Pearson and Fahy or to pursue an appeal of the judgmnet entered in that action. Pltf is not obligated to pay costs taxed against dft William Kancilia, D.C. or any part of the judgment which was rencered in the suite against dft Kancilia; it is Further Ordered that each party pay their own costs (cc: all counsel) ; entry date : 9/11/02 (former empl)
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Blank 63 Filed: 8/1/2002, Entered: 8/5/2002 OrderCourt Filing
ORDER signed 8/1/02 by Judge WY. Clarence A. Brimmer denying dfts' motion for summary judgment [Pursuant to Rule 56] [37-1], granting motion for summary judgment [31-1], dfts' counterclaim is dismissed with prejudice; Ordered: pursuant to the declaratory judgments Act, judgment shall enter in favor of the pltf as set forth; each party to pay its own costs (cc: all counsel) ; entry date : 8/5/02 (former empl)
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Blank 62 Filed: 6/6/2002, Entered: 6/10/2002 ~Notice (other)
NOTICE RE ISSUES PRESENTED ON APPEAL by defendants Denise L. Fahy, Michele Pearson (former empl)
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Blank 61 Filed: 5/30/2002, Entered: 5/31/2002 MemorandumCourt Filing
MEMORANDUM by Magistrate Judge Michael J. Watanabe regarding [15-1] schedule order ; settlement conf held 5/30/02 (former empl)
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Blank 60 Filed: 5/21/2002, Entered: 5/22/2002 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Michael J. Watanabe denying motion to clarify order [57-1] [58-1], regarding [57-1] order (cc: all counsel) ; entry date : 5/22/02 (former empl)
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Blank 59 Filed: 5/17/2002, Entered: 5/17/2002 MemorandumCourt Filing
MEMORANDUM by Judge WY. Clarence A. Brimmer referring to Magistrate Judge Michael J. Watanabe the motion to clarify order [57-1] [58-1] (former empl)
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Blank 58 Filed: 5/14/2002, Entered: 5/15/2002 Motion to Clarify
MOTION by plaintiff National Chiro Mut to clarify order [57-1] (former empl)
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Blank 57 Filed: 5/8/2002, Entered: 5/9/2002, Terminated: 5/21/2002 OrderCourt Filing
ORDER by Magistrate Judge Michael J. Watanabe granting pla's motion to strike dfts' expert witness disclosures [36-1] as defined (cc: all counsel) ; entry date : 5/9/02 (dlb)
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Blank 55 Filed: 4/19/2002, Entered: 4/19/2002 Response
RESPONSE by defendant Denise L. Fahy, defendant Michele Pearson to Bohrer Authority for Expert Testimony re: motion to strike dfts' expert witness disclosures [36-1] (former empl)
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Blank 56 Filed: 4/18/2002, Entered: 4/19/2002 ~Notice (other)Court Filing
NOTICE of Compliance with Order of Court by defendant Denise L. Fahy, defendant Michele Pearson re: minutes [50-1] and providing 1 copy of the Arapahoe County District Court's transcript of the trial: consists of 8 volumes which were sent to Judge's chambers in Cheyenne 4/19/02 - RETURNED BY JUDGE'S CHAMBERS 8/6/02 and placed in the Exhibit Room (former empl) Modified on 08/06/2002
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Blank 54 Filed: 4/15/2002, Entered: 4/15/2002 Response
RESPONSE by plaintiff National Chiro Mut to minute order [49-2] (former empl)
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Blank 53 Filed: 4/15/2002, Entered: 4/15/2002 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Michael J. Watanabe regarding [36-1] motion to strike dfts' expert witness disclosures: dfts shall submit a supplement to their response to the motion as outlined by 4/24/02 (cc: all counsel) ; entry date : 4/15/02 (former empl)
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Blank 52 Filed: 4/10/2002, Entered: 4/11/2002 Response
RESPONSE to Supplemental Written Materials Submitted by DFts at Oral Argument, filed by plaintiff National Chiro Mut to minutes [50-1] (former empl)
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Blank 51 Filed: 4/10/2002, Entered: 4/11/2002 Motion to Supplement
MOTION by defts Denise L. Fahy, Michele Pearson to supplement record of motion for summary judgment [Pursuant to Rule 56] [37-1] with attached exhibit O (former empl)
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Blank 50 Filed: 4/5/2002, Entered: 4/9/2002 Minutes-MiscellaneousCourt Filing
COURTROOM MINUTES of Motion Hearing held in Denver, Colorado by Judge WY. Clarence A. Brimmer; arguments of counsel, ORDER: taking under advisement on 4/5/02 the motion for summary judgment [Pursuant to Rule 56] [37-1] and the motion for summary judgment [31-1], garnishment is stayed until further order of court and the trial date is vacated ; entry date : 4/9/02 Court Reporter: Adrienne Whitlow (former empl)
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Blank 49 Filed: 4/5/2002, Entered: 4/9/2002 OrderCourt Filing
MINUTE ORDER : by Judge WY. Clarence A. Brimmer: based on hearing 4/5/02: granting motion to vacate 6/3/02 trial date [46-1] ; jury trial vacated Order: dfts' counsel tp provide the court with the transcript of the state court trial proceedings; both parties to provide the court with copies of their appellate briefs filed with the Colorado Supreme Court (cc: all counsel) ; entry date : 4/9/02 *docket note: because of mistakes this entry was enterd and deleted three times before this entry was made (former empl)
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Blank 48 Filed: 4/3/2002, Entered: 4/3/2002 Response to Motion
RESPONSE by defts Denise L. Fahy, Michele Pearson to pltf's motion to strike dfts' expert witness disclosures [36-1] (former empl)
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Blank 47 Filed: 4/3/2002, Entered: 4/3/2002 Response to Motion
RESPONSE IN OPPOSITION by plaintiff National Chiro Mut to dfts' motion for summary judgment [Pursuant to Rule 56] [37-1] (former empl)
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Blank 46 Filed: 4/3/2002, Entered: 4/3/2002, Terminated: 4/5/2002 Motion to Vacate
MOTION by defendant Denise L. Fahy, defendant Michele Pearson to vacate 6/3/02 trial date (former empl)
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Blank 45 Filed: 4/3/2002, Entered: 4/3/2002 Response to Motion
RESPONSE by defts Denise L. Fahy, Michele Pearson to pltf's motion in limine to exclude new theories regarding Kancilia's Liability [35-1] (former empl)
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Blank 44 Filed: 4/1/2002, Entered: 4/3/2002 Response to Motion
RESPONSE by defts Denise L. Fahy, Michele Pearson to pltf's motion and brief for summary judgment [31-1] (former empl)
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Blank 43 Filed: 4/1/2002, Entered: 4/1/2002 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Michael J. Watanabe response due by 4/9/02 regarding [36-1] motion to strike dfts' expert witness disclosures (cc: all counsel) ; entry date : 4/1/02 (former empl)
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Blank 42 Filed: 4/1/2002, Entered: 4/1/2002 Supplement/Amendment
Letter with SUPPLEMENT of ORiignal Affidavit of Burce Beal by plaintiff National Chiro Mut to brief [38-1], to motion for summary judgment [Pursuant to Rule 56] [37-1] (former empl)
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Blank 40 Filed: 3/29/2002, Entered: 3/29/2002 MemorandumCourt Filing
MEMORANDUM by Judge WY. Clarence A. Brimmer referring to Magistrate Judge Michael J. Watanabe the motion to strike dfts' expert witness disclosures [36-1] (former empl)
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Blank 39 Filed: 3/28/2002, Entered: 3/29/2002 Trial Exhibit
EXHIBITS by defts Denise L. Fahy, Michele Pearson to brief [38-1], in support of their motion for summary judgment [Pursuant to Rule 56] [37-1] approximately 1" thick (former empl)
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Blank 38 Filed: 3/28/2002, Entered: 3/29/2002 Brief in Support of Motion
BRIEF by defts Denise L. Fahy, Michele Pearson in support of motion for summary judgment [Pursuant to Rule 56] [37-1] (former empl)
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Blank 37 Filed: 3/28/2002, Entered: 3/29/2002, Terminated: 8/1/2002 Motion for Summary Judgment
MOTION by defendants Denise L. Fahy, Michele Pearson for summary judgment [Pursuant to Rule 56] (former empl)
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Blank 36 Filed: 3/28/2002, Entered: 3/29/2002, Terminated: 5/8/2002 Motion to Strike
MOTION by plaintiff National Chiro Mut to strike dfts' expert witness disclosures (former empl)
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Blank 35 Filed: 3/28/2002, Entered: 3/29/2002 Motion in Limine
MOTION by plaintiff National Chiro Mut in limine to exclude new theories regarding Kancilia's Liability (former empl)
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Blank 41 Filed: 3/26/2002, Entered: 3/29/2002 OrderCourt Filing
MINUTE ORDER : by Judge WY. Clarence A. Brimmer setting hearing on motion for summary judgment [Pursuant to Rule 56] [37-1], on motion in limine to exclude new theories regarding Kancilia's Liability [35-1] and on motion for summary judgment [31-1] 1:00 4/5/02 (cc: all counsel) ; entry date : 3/29/02 (former empl)
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Blank 34 Filed: 3/26/2002, Entered: 3/27/2002 OrderCourt Filing
ORDER signed 3/25/02, fifled 3/26/02, by Magistrate Judge Michael J. Watanabe denying, as set forth in the findings of facts and conclusions of law, Fahy and Pearson's motion to compel pltf to answer interrogatoriefs and request for production of documents [25-1] (cc: all counsel) ; entry date : 3/27/02 (former empl)
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Blank 33 Filed: 3/25/2002, Entered: 3/25/2002 OrderCourt Filing
MINUTE ORDER : by Judge WY. Clarence A. Brimmer regarding [31-1] motion for summary judgment: respones due by 4/1/02, hearing if appropriate will be held in May, 2002 (cc: all counsel) ; entry date : 3/25/02 (former empl)
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Blank 32 Filed: 3/22/2002, Entered: 3/25/2002 Brief in Support of Motion
BRIEF by plaintiff National Chiro Mut in support of motion for summary judgment [31-1] (former empl)
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Blank 31 Filed: 3/22/2002, Entered: 3/25/2002 Motion for Summary Judgment
MOTION by plaintiff National Chiro Mut for summary judgment (former empl)
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Blank 30 Filed: 3/20/2002, Entered: 3/20/2002 MemorandumCourt Filing
MEMORANDUM by Judge WY. Clarence A. Brimmer referring to Magistrate Judge Michael J. Watanabe the motion to compel pltf to answer interrogatoriefs and request for production of documents [25-1] (former empl)
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Blank 29 Filed: 3/14/2002, Entered: 3/18/2002 Response to Motion
RESPONSE by counter-defendant National Chiro Mut to motion to compel pltf to answer interrogatoriefs and request for production of documents [25-1] (former empl)
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Blank 28 Filed: 3/12/2002, Entered: 3/13/2002 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Michael J. Watanabe granting motion to extend time for expert disclosure to 3/22/02 [26-1] (cc: all counsel) ; entry date : 3/13/02 (former empl)
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Blank 27 Filed: 3/11/2002, Entered: 3/11/2002 MemorandumCourt Filing
MEMORANDUM by Judge WY. Clarence A. Brimmer referring to Magistrate Judge Michael J. Watanabe the motion to extend time for expert disclosure to 3/22/02 [26-1] (former empl)
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Blank 26 Filed: 3/11/2002, Entered: 3/11/2002, Terminated: 3/12/2002 Motion for Extension of Time
MOTION by defts Denise L. Fahy, Michele Pearson to extend time for expert disclosure to 3/22/02 (former empl)
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Blank 25 Filed: 3/1/2002, Entered: 3/8/2002, Terminated: 3/26/2002 Motion to Compel
MOTION by defendant Denise L. Fahy, defendant Michele Pearson to compel pltf to answer interrogatoriefs and request for production of documents (former empl)
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Blank 24 Filed: 2/22/2002, Entered: 2/25/2002 Answer to Counterclaim
REPLY TO COUNTERCLAIM [18-2] by counter-defendant National Chiro Mut (former empl)
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Blank 22 Filed: 2/15/2002, Entered: 2/15/2002 OrderCourt Filing
MINUTE ORDER : by Judge WY. Clarence A. Brimmer granting motion to reset trial date to file dispositive motions [20-1], denying motion to stay proceeding pending outcome of hearing before the State Court 3/8/02, Arapahoe County District Court [19-1], amending [15-1] schedule order ; disp mtn ddl set 4/1/02, responses due in 5 working days, no replies ; jury trial set for 9:00 6/3/02 (cc: all counsel) ; entry date : 2/15/02 (former empl)
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Blank 23 Filed: 2/12/2002, Entered: 2/15/2002 Response to Motion
RESPONSE by plaintiff National Chiro Mut to motion to stay proceeding pending outcome of hearing before the State Court 3/8/02, Arapahoe County District Court [19-1] (former empl)
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Blank 21 Filed: 2/8/2002, Entered: 2/8/2002 Clerks Entry of Default*
ENTRY OF DEFAULT re: request [17-1] as to defendant William E. Kancilia (cc: all counsel) (former empl)
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Blank 20 Filed: 1/31/2002, Entered: 2/1/2002, Terminated: 2/15/2002 Motion to Reset
Joint MOTION by plaintiff National Chiro Mut, defendant Denise L. Fahy, defendant Michele Pearson to reset trial date to file dispositive motions (former empl)
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Blank 19 Filed: 1/24/2002, Entered: 1/25/2002 Motion to Stay
MOTION by defendant Denise L. Fahy, defendant Michele Pearson to stay proceeding pending outcome of hearing before the State Court 3/8/02, Arapahoe County District Court (former empl)
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Blank 18 Filed: 1/24/2002, Entered: 1/25/2002 Answer
ANSWER to complaint [1-1] and COUNTERCLAIM by defendant Denise L. Fahy, defendant Michele Pearson against plaintiff National Chiro Mut (former empl)
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Blank 17 Filed: 1/22/2002, Entered: 1/22/2002 Request
REQUEST by plaintiff National Chiro Mut for entry of Clerk's Default as to dft William E. Kancilia (former empl)
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Blank 16 Filed: 1/15/2002, Entered: 1/16/2002 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Michael J. Watanabe ; settlement conf set for 10:30 5/30/02 ; pretrial conf set for 9:30 8/7/02 (cc: all counsel) ; entry date : 1/16/02 (former empl)
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Blank 15 Filed: 1/14/2002, Entered: 1/16/2002 Scheduling OrderCourt Filing
SCHEDULING ORDER signed 1/14/02 by Magistrate Judge Michael J. Watanabe ; Discovery cutoff 5/14/02 ; settlement conference 10:30 5/30/02 ;pretrial conference set 9:30 8/7/02: magistrate judge deleted the dispositive motion date set by the Judge; parties anticipate 3 day court trial (cc: all counsel) (former empl) Modified on 01/16/2002
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Blank 14 Filed: 1/14/2002, Entered: 1/16/2002 Minutes-MiscellaneousCourt Filing
COURTROOM MINUTES by Magistrate Judge Michael J. Watanabe scheduling order executed ; rule 16 conf held on 1/14/02 ; entry date : 1/16/02 Court Reporter: MJW Civil Tape 2l002-3 (former empl)
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Blank 13 Filed: 1/10/2002, Entered: 1/15/2002 Motion for Extension of Time to File Answer
MOTION by defts Denise L. Fahy, Michele Pearson to extend time to answer to 1/31/02 (former empl)
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Blank 12 Filed: 12/31/2001, Entered: 1/2/2002 Response
RESPONSE by plaintiff to Mr. Hemmat's entry of special appearance for Dr. Kancilia [11-1] (gms)
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Blank 11 Filed: 12/20/2001, Entered: 12/24/2001 Notice of Entry of Appearance
ENTRY OF SPECIAL ATTORNEY APPEARANCE for defendant William E. Kancilia by Chad Patrick Hemmat (former empl)
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Blank 8 Filed: 12/13/2001, Entered: 12/13/2001 MemorandumCourt Filing
MEMORANDUM by Judge WY. Clarence A. Brimmer referring to Magistrate Judge Michael J. Watanabe the motion to reset 12/17/01 scheduling/planning conference date [7-1] (former empl)
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Blank 10 Filed: 12/12/2001, Entered: 12/18/2001 Summons Returned ExecutedCourt Filing
RETURN OF SERVICE of Summons and Complaint and Instructions re Notice of Availability of US Magistrate Judge to Exercise Jurisdiction pursuant to Rule 636(c) and Local Rule 72.6 personally upon defendant William E. Kancilia on 12/9/01 (former empl)
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Blank 9 Filed: 12/12/2001, Entered: 12/18/2001 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Michael J. Watanabe granting motion to reset 12/17/01 scheduling/planning conference date [7-1] ; rule 16 conference set for 9:30 1/14/02 (cc: all counsel) ; entry date : 12/18/01 (former empl)
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Blank 7 Filed: 12/10/2001, Entered: 12/11/2001, Terminated: 12/12/2001 Motion to Reset
MOTION by plaintiff National Chiro Mut to reset 12/17/01 scheduling/planning conference date (former empl)
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Blank 6 Filed: 12/3/2001, Entered: 12/5/2001 OrderCourt Filing
MINUTE ORDER : by Judge WY. Clarence A. Brimmer ; disp mtn ddl set 2/1/02 ; jury trial set for 9:00 6/3/02 (cc: all counsel) ; entry date : 12/5/01 (former empl)
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Blank 5 Filed: 11/29/2001, Entered: 11/30/2001 Notice of Change of Address
NOTICE of Change of Address of Rick DeWitt by defendant Denise L. Fahy, defendant Michele Pearson (former empl)
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Blank 4 Filed: 11/21/2001, Entered: 11/21/2001 Notice of Entry of Appearance
ATTORNEY APPEARANCE for defendant Denise L. Fahy, defendant Michele Pearson by Rickey C. DeWitt (gms)
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Blank 3 Filed: 10/30/2001, Entered: 10/31/2001 Rule 16 ConferenceCourt Filing
Minute ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Michael J. Watanabe ; Rule 16 conference set for 9:00 12/17/01 (cc: all counsel) (gms)
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Blank 2 Filed: 10/25/2001, Entered: 10/29/2001 Order Referring Case to Magistrate JudgeCourt Filing
ORDER R16,stat,stlmt,pt,pto Case referred to Magistrate Judge Michael J. Watanabe by Chief Judge Lewis T. Babcock (cc: to counsel) (gms)
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Blank 1 Filed: 10/16/2001, Entered: 10/17/2001 Complaint
COMPLAINT for Declaratory Relief (Summons(es) issued) (bpm)
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Blank -- Filed: 10/16/2001, Entered: 10/17/2001 Filing Fee Received
FILING FEE PAID: on 10/16/01 in the amount of $ 150, receipt # 229640. (bpm)
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