Free Letter re Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-00761-WDM-BNB Document 97-4

Filed 07/24/2006

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APPEAL, NDISPO, TERMED

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:04-cv-00761-WDM-BNB

Colby v. Progressive Cas Ins Assigned to: Judge Walker D. Miller Referred to: Magistrate Judge Boyd N. Boland Demand: $0 Cause: 28:1332 Diversity-Insurance Contract Plaintiff Dean Colby

Date Filed: 04/15/2004 Jury Demand: Both Nature of Suit: 110 Insurance Jurisdiction: Diversity

represented by Julie Bettencourt Cliff Carey Law Firm 2301 East Pikes Peak Avenue Colorado Springs, CO 80917 U.S.A 719-635-0377 Fax: 719-635-2920 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert Bruce Carey Hagens Berman Sobol Shapiro, LLPPhoenix 2425 East Camelback Road #650 Phoenix, AZ 85016 U.S.A 602-840-5900 Fax: 602-840-3012 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Progressive Casualty Insurance Company an Ohio corporation represented by Gregory Raphael Giometti Seaman, Giometti & Murphy, P.C. 7730 East Belleview Avenue #102 Greenwood Village, CO 80111-2870 U.S.A 303-771-2111 Fax: 303-796-0899

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-00761-WDM-BNB Document 97-4

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Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jon Arthur Halaby Seaman, Giometti & Murphy, P.C. 7730 East Belleview Avenue #102 Greenwood Village, CO 80111-2870 U.S.A 303-771-2111 Fax: 303-796-0899 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 04/15/2004 04/15/2004 05/27/2004

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Docket Text 1 COMPLAINT (Summons(es) issued); jury demand (bpm) (Entered: 04/16/2004) FILING FEE PAID: on 4/15/04 in the amount of $ 150, receipt # 251176. (bpm) (Entered: 04/16/2004) 2 RETURN OF SERVICE of Summons and Complaint upon defendant Progressive Cas Ins on 5/13/04 by leaving with: Joyce Rowland, RA (dlb) (Entered: 05/27/2004) 3 ANSWER by defendant Progressive Cas Ins to complaint [1-1]; jury demand (dlb) (Entered: 06/03/2004) 4 ORDER R16,stat,stlmt,pt,pto referred to Magistrate Judge Boyd N. Boland by Judge Walker D. Miller (cc: to counsel) (dlb) (Entered: 06/07/2004) 5 ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Boyd N. Boland ; Rule 16 conference set for 9:30 8/10/04 (cc: all counsel) (dlb) (Entered: 06/29/2004) 6 MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; rule 16 conference set for 10:00 8/9/04 (cc: all counsel) ; entry date : 8/6/04 (dlb) (Entered: 08/06/2004) 7 MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; settlement conf set for 10:30 12/16/04 ; pretrial conf set for 9:00 6/27/05 (cc: all counsel) ; entry date : 8/10/04 (dlb) (Entered: 08/10/2004) 8 COURTROOM MINUTES by Magistrate Judge Boyd N. Boland ; rule 16 conf held on 8/9/04 ; discovery ddl set 2/18/05 ; disp mtn ddl set 3/18/05 ; settlement conf set for 10:30 12/16/04 ; pto ddl set for 6/20/05 ; pretrial conf set for 8:30 6/27/05 ; entry date : 8/10/04 Court Reporter:

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FTR BNB Ctrm 2 (dlb) (Entered: 08/10/2004) 08/09/2004 9 SCHEDULING ORDER Magistrate Judge Boyd N. Boland ; Discovery cutoff 2/18/05 ;dispositive motions due 3/18/05 ; settlement conference 10:30 12/16/04 ;pretrial conference set 8:30 6/27/05 (cc: all counsel) (dlb) (Entered: 08/10/2004) 10 MOTION by defendant Progressive Cas Ins for summary judgment declaring that pla claims against dft are barred both by the rule of res judicata and applicable statutes of limitation (dlb) (Entered: 08/17/2004) 11 BRIEF by defendant Progressive Cas Ins in support of motion for summary judgment declaring that pla claims against dft are barred both by the rule of res judicata and applicable statutes of limitation [10-1] *large document (dlb) (Entered: 08/17/2004) 12 Unopposed MOTION by plaintiff Dean Colby to extend time to file resp to dft's mtn for sum jgm to 9/14/04 (dlb) (Entered: 09/01/2004) 13 MINUTE ORDER : by Judge Walker D. Miller granting motion to extend time to file resp to dft's mtn for sum jgm to 9/14/04 [12-1], regarding [10-1] motion for summary judgment declaring that pla claims against dft are barred both by the rule of res judicata and applicable statutes of limitation (cc: all counsel) ; entry date : 9/3/04 (dlb) (Entered: 09/03/2004) 14 Unopposed MOTION by plaintiff Dean Colby to extend time to file resp to dft's mtn for sum jgm to 9/17/04 (dlb) (Entered: 09/14/2004) 15 MINUTE ORDER : by Judge Walker D. Miller granting motion to extend time to file resp to dft's mtn for sum jgm to 9/17/04 [14-1], regarding [10-1] motion for summary judgment declaring that pla claims against dft are barred both by the rule of res judicata and applicable statutes of limitation (cc: all counsel) ; entry date : 9/15/04 (dlb) (Entered: 09/15/2004) 16 BRIEF by plaintiff Dean Colby in opposition to motion for summary judgment declaring that pla claims against dft are barred both by the rule of res judicata and applicable statutes of limitation [10-1] (dlb) (Entered: 09/20/2004) 17 REPLY by defendant Progressive Cas Ins to response to motion for summary judgment declaring that pla claims against dft are barred both by the rule of res judicata and applicable statutes of limitation [10-1] (dlb) (Entered: 09/30/2004) 18 MINUTE ORDER : by Judge Walker D. Miller striking motion reply for failure to comply [17-1], regarding [10-1] motion for summary judgment declaring that pla claims against dft are barred both by the rule of res judicata and applicable statutes of limitation (cc: all counsel) ; entry date : 10/7/04 (dlb) (Entered: 10/07/2004) 19 MOTION by defendant Progressive Cas Ins to amend motion reply in sup of mtn for sum jgm [17-1] (dlb) (Entered: 10/13/2004)

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20 REPLY by defendant Progressive Cas Ins to response to motion for summary judgment declaring that pla claims against dft are barred both by the rule of res judicata and applicable statutes of limitation [10-1] (dlb) (Entered: 10/13/2004) 21 MINUTE ORDER : by Judge Walker D. Miller granting motion to amend motion reply in sup of mtn for sum jgm [17-1] [19-1], regarding [10-1] motion for summary judgment declaring that pla claims against dft are barred both by the rule of res judicata and applicable statutes of limitation (cc: all counsel) ; entry date : 10/15/04 (dlb) (Entered: 10/15/2004) 22 SUPPLEMENT by defendant Progressive Cas Ins to motion to amend motion reply in sup of mtn for sum jgm [17-1] [19-1] (dlb) (Entered: 10/15/2004) 23 MINUTE ORDER resetting Settlement Conference set for 1/25/2005 01:30 PM in Chambers before Magistrate Judge Boyd N. Boland by Magistrate Judge Boyd N. Boland on 11/24/04. (dlb, ) (Entered: 11/29/2004) 24 MOTION for Extension of Time to File and serve expert witness disclosures to 12/10/04 by Plaintiff Dean Colby. (dlb, ) (Entered: 12/02/2004) 25 MEMORANDUM referring to Magistrate Boland [24] MOTION for Extension of Time to File filed by Dean Colby by Judge Walker D. Miller on 12/2/04. (dlb, ) (Entered: 12/03/2004) 26 Minute ORDER granting pla's unopposed[24] Motion for Extension of Time to serve expert witness diclsoures to 12/10/04, by Magistrate Judge Boyd N. Boland on 12/3/04. (gms, ) (Entered: 12/06/2004) 27 MOTION to Extend time to respond to dft's discovery request to 12/29/04 by Plaintiff Dean Colby. (dlb, ) (Entered: 12/27/2004) 28 MEMORANDUM referring to Magistrate Boland [27] MOTION to Extend filed by Dean Colby, by Judge Walker D. Miller on 12/23/04. (dlb, ) (Entered: 12/28/2004) 29 MOTION to Extend time to dislcose experts and certificate of compliance to 1/17/05 by Defendant Progressive Casualty Insurance Company. (dlb, ) (Entered: 01/10/2005) 30 MINUTE ORDER granting [27] MOTION to Extend time to respond to dft's discovery request to 12/29/04 by Plaintiff Dean Colby by Magistrate Judge Boyd N. Boland on 1/10/05. (dlb, ) (Entered: 01/12/2005) 31 MINUTE ORDER granting [29] MOTION to Extend time to dislcose experts and certificate of compliance to 1/17/05 by Defendant Progressive Casualty Insurance Companyby Magistrate Judge Boyd N. Boland on 1/10/05. (dlb, ) (Entered: 01/12/2005) 32 Request (MOTION) for oral argument (Hearing) re [10] MOTION by

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-00761-WDM-BNB Document 97-4

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defendant Progressive Cas Ins for summary judgment declaring that pla claims against dft are barred both by the rule of res judicata and applicable statutes of limitation by Plaintiff Dean Colby. (dlb, ) (Entered: 01/20/2005) 01/18/2005 02/04/2005 33 MINUTE ORDER VACATING settlement conference by Magistrate Judge Boyd N. Boland on 1/18/05. (dlb, ) (Entered: 01/24/2005) 34 MOTION to Extend time to depose Ralph Ogden, Esq. to 3/30/05 and Certificate of Compliance by Defendant Progressive Casualty Insurance Company. (dlb, ) (Entered: 02/09/2005) 35 MEMORANDUM referring to Magistrate Judge Boland : [34] MOTION to Extend filed by Progressive Casualty Insurance Company, by Judge Walker D. Miller on 2/7/05. (dlb, ) (Entered: 02/10/2005) 36 MINUTE ORDER denying [34] MOTION to Extend time to depose Ralph Ogden, Esq. to 3/30/05 and Certificate of Compliance by Defendant Progressive Casualty Insurance Company by Magistrate Judge Boyd N. Boland on 2/8/05. (dlb, ) (Entered: 02/10/2005) 37 MOTION to Extend time to 3/30/05 to depose Ralph Ogden, Esq. and certificate of compliance by Defendant Progressive Casualty Insurance Company. (dlb, ) (Entered: 02/18/2005) 38 MOTION to Extend remaining scheduling order deadlines [discovery to 3/18/05 and dispo motion to 4/18/05] by Plaintiff Dean Colby. (dlb, ) (Entered: 02/22/2005) 39 RESPONSE to [38] MOTION to Extend remaining scheduling order deadlines [discovery to 3/18/05 and dispo motion to 4/18/05] by Plaintiff Dean Colby filed by Defendant Progressive Casualty Insurance Company. (dlb, ) (Entered: 03/03/2005) 40 MEMORANDUM referring to Magistrate Judge Boland : [38] MOTION to Extend filed by Dean Colby, by Judge Walker D. Miller on 3/2/05. (dlb, ) (Entered: 03/03/2005) 41 MEMORANDUM referring to Magistrate Judge Boland : [37] MOTION to Extend filed by Progressive Casualty Insurance Company, by Judge Walker D. Miller on 3/2/05. (dlb, ) (Entered: 03/03/2005) 42 ORDER Setting Hearing on Motion [38]MOTION to Extend remaining scheduling order deadlines [discovery to 3/18/05 and dispo motion to 4/18/05] by Plaintiff Dean Colby. Motion Hearing set for 3/14/2005 02:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Signed by Magistrate Judge Boyd N. Boland on 3/3/05. (dlb, ) (Entered: 03/03/2005) 43 MOTION for Protective Order and certificate of compliance by Defendant Progressive Casualty Insurance Company. (dlb, ) (Entered: 03/10/2005) 44 MEMORANDUM referring to Magistrate Judge Boland : [43] MOTION

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-00761-WDM-BNB Document 97-4

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for Protective Order filed by Progressive Casualty Insurance Company, by Judge Walker D. Miller on 3/7/05. (dlb, ) (Entered: 03/10/2005) 03/08/2005 45 MINUTE ORDER Setting Hearing on Motion [43] MOTION for Protective Order and certificate of compliance by Defendant Progressive Casualty Insurance Company, pla has to 3/11/05 to respond. Motion Hearing set for 3/14/2005 02:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland by Magistrate Judge Boyd N. Boland on 3/8/05. (dlb, ) (Entered: 03/10/2005) 46 REPLY to [38] MOTION to Extend remaining scheduling order deadlines [discovery to 3/18/05 and dispo motion to 4/18/05] by Plaintiff Dean Colby (dlb, ) (Entered: 03/15/2005) RESPONSE to [43] MOTION for Protective Order and certificate of compliance by Defendant Progressive Casualty Insurance Company and [37] ?Renewed? MOTION to Extend time to 3/30/05 to depose Ralph Ogden, Esq. and certificate of compliance by Defendant Progressive Casualty Insurance Company filed by Plaintiff Dean Colby. (dlb, ) (Entered: 03/15/2005) 47 AMENDED DOCUMENT (Page 8) to [46] REPLY to [38] MOTION to Extend remaining scheduling order deadlines [discovery to 3/18/05 and dispo motion to 4/18/05] by Plaintiff Dean Colby and RESPONSE to [43] MOTION for Protective Order and certificate of compliance by Defendant Progressive Casualty Insurance Company and [37] "Renewed" MOTION to Extend time to 3/30/05 to depose Ralph Ogden, Esq. and certificate of compliance by Defendant Progressive Casualty Insurance Company filed by Plaintiff Dean Colby (dlb, ) (Entered: 03/15/2005) 48 Minute Entry for proceedings held before Judge Boyd N. Boland : Motion Hearing held on 3/14/2005. [37] Renewed MOTION to Extend time to 3/30/05 to depose Ralph Ogden, Esq. and certificate of compliance by Defendant Progressive Casualty Insurance Company is GRANTED. Dfts has to 4/15/05 to depose Ralph Ogden; [43] MOTION for Protective Order and certificate of compliance by Defendant Progressive Casualty Insurance Company is GRANTED; [38] MOTION to Extend remaining scheduling order deadlines [discovery to 3/18/05 and dispo motion to 4/18/05] by Plaintiff Dean Colby is GRANTED IN PART AND DENIED IN PART. Plaintiff has to 4/15/05 to depose Garth Allen. (Court Reporter FTR BNB Ctrm A-401.) (dlb, ) (Entered: 03/15/2005) ORDER granting [37] Renewed MOTION to Extend time to 3/30/05 to depose Ralph Ogden, Esq. and certificate of compliance by Defendant Progressive Casualty Insurance Company is GRANTED. Dfts has to 4/15/05 to depose Ralph Ogden; [43] MOTION for Protective Order and certificate of compliance by Defendant Progressive Casualty Insurance Company is GRANTED; [38] MOTION to Extend remaining scheduling order deadlines [discovery to 3/18/05 and dispo motion to 4/18/05] by Plaintiff Dean Colby is GRANTED IN PART AND DENIED IN PART. Plaintiff has to 4/15/05 to depose Garth Allen pursuant to courtroom

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minutes held on 3/14/05, #48 by Magistrate Judge Boyd N. Boland on 3/14/05. (dlb, ) (Entered: 03/15/2005) 03/14/2005 49 ORDER granting [37] Renewed MOTION to Extend time to 3/30/05 to depose Ralph Ogden, Esq. and certificate of compliance by Defendant Progressive Casualty Insurance Company is GRANTED. Dfts has to 4/15/05 to depose Ralph Ogden; [43] MOTION for Protective Order and certificate of compliance by Defendant Progressive Casualty Insurance Company is GRANTED; [38] MOTION to Extend remaining scheduling order deadlines [discovery to 3/18/05 and dispo motion to 4/18/05] by Plaintiff Dean Colby is GRANTED IN PART AND DENIED IN PART. Plaintiff has to 4/15/05 to depose Garth Allen. Signed by Magistrate Judge Boyd N. Boland on 3/14/05. (dlb, ) (Entered: 03/16/2005) 50 MOTION for Partial Summary Judgment on his claims for declaratory relief and breach of contract by Plaintiff Dean Colby. (dlb, ) (Entered: 03/21/2005) 51 Second MOTION for Summary Judgment determining that pla's claims against dft are barred due to the fact that they are based upon the expired No Fault Act by Defendant Progressive Casualty Insurance Company. (dlb, ) (Entered: 03/21/2005) 52 Memorandum (BRIEF) in Support of [51] Second MOTION for Summary Judgment determining that pla's claims against dft are barred due to the fact that they are based upon the expired No Fault Act filed by Defendant Progressive Casualty Insurance Company. (dlb, ) (Entered: 03/21/2005) 53 MOTION for Oral Argument/Hearing [50] MOTION for Partial Summary Judgment on his claims for declaratory relief and breach of contract by Plaintiff Dean Colby and [51] Second MOTION for Summary Judgment determining that pla's claims against dft are barred due to the fact that they are based upon the expired No Fault Act by Defendant Progressive Casualty Insurance Company by Plaintiff Dean Colby. (dlb, ) (Entered: 03/28/2005) 54 Joint MOTION for Extension of Time to File Responses to 4/14/05 [50] MOTION for Partial Summary Judgment, [51] MOTION for Summary Judgment by Plaintiff Dean Colby, Defendant Progressive Casualty Insurance Company. (dlb, ) (Entered: 04/06/2005) 55 MINUTE ORDER granting [54] Motion for Extension of Time to File Response to 4/14/05 re [50] MOTION for Partial Summary Judgment, [51] MOTION for Summary Judgment by Magistrate Judge Boyd N. Boland on 4/7/05. (dlb, ) (Entered: 04/08/2005) 56 Pla's Opposition (RESPONSE) to [51] Second MOTION for Summary Judgment determining that pla's claims against dft are barred due to the fact that they are based upon the expired No Fault Act by Defendant Progressive Casualty Insurance Company. (dlb, ) (Entered: 04/14/2005) 57 Dft's RESPONSE to [50] MOTION for Partial Summary Judgment on his

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claims for declaratory relief and breach of contract by Plaintiff Dean Colby.(dlb, ) (Entered: 04/15/2005) 04/14/2005 58 Unopposed MOTION to Clarify Court's 4/7/05 Minute Order by Defendant Progressive Casualty Insurance Company. (dlb, ) (Entered: 04/15/2005) 59 MEMORANDUM referring to Magistrate Judge Boland : [58] MOTION to Clarify 4/7/05 Minute Order filed by Progressive Casualty Insurance Company, by Judge Walker D. Miller on 4/15/05. (gms, ) (Entered: 04/18/2005) 60 MINUTE ORDER granting [58] Unopposed MOTION to Clarify Court's 4/7/05 Minute Order by Defendant Progressive Casualty Insurance Company. #51 Second MOTION for Summary Judgment determining that pla's claims against dft are barred due to the fact that they are based upon the expired No Fault Act by Defendant Progressive Casualty Insurance Company, pla shall respond by 4/14/05. #50 MOTION for Partial Summary Judgment on his claims for declaratory relief and breach of contract by Plaintiff Dean Colby, dft shall respond by 4/14/05 by Magistrate Judge Boyd N. Boland on 4/18/05. (dlb, ) (Entered: 04/20/2005) 61 Joint Stipulated MOTION for Extension of Time to File Response/Reply Re: [50] MOTION for Partial Summary Judgment on his claims for declaratory relief and breach of contract by Plaintiff to 4/29/05 and [51] Second MOTION for Summary Judgment determining that pla's claims against dft are barred due to the fact that they are based upon the expired No Fault Act by Defendant to 4/28/05(dlb, ) (Entered: 04/29/2005) 62 MINUTE ORDER granting [61] Joint Stipulated MOTION for Extension of Time to File Response/Reply Re: [50] MOTION for Partial Summary Judgment on his claims for declaratory relief and breach of contract by Plaintiff to 4/29/05 and [51] Second MOTION for Summary Judgment determining that pla's claims against dft are barred due to the fact that they are based upon the expired No Fault Act by Defendant by Judge Walker D. Miller on 4/29/05. (dlb, ) (Entered: 05/02/2005) 63 Pla's REPLY to Dft's Response to [50] MOTION for Partial Summary Judgment on his claims for declaratory relief and breach of contract by Plaintiff Dean Colby. (dlb, ) (Entered: 05/10/2005) 64 REPLY Memorandum in support of [51] Second MOTION for Summary Judgment determining that pla's claims against dft are barred due to the fact that they are based upon the expired No Fault Act by Defendant Progressive Casualty Insurance Company.(dlb, ) (Entered: 05/10/2005) 65 MINUTE ORDER denying [53] MOTION for Oral Argument/Hearing [50] MOTION for Partial Summary Judgment on his claims for declaratory relief and breach of contract by Plaintiff Dean Colby and [51] Second MOTION for Summary Judgment determining that pla's claims against dft are barred due to the fact that they are based upon the expired No Fault Act by Defendant Progressive Casualty Insurance Company by

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Plaintiff Dean Colby by Judge Walker D. Miller on 6/1/05. (dlb, ) (Entered: 06/02/2005) 06/20/2005 66 Proposed Pretrial Order by Plaintiff Dean Colby. (Attachments: # 1 Plaintiff's Witness List# 2 Plaintiff's Exhibit List# 3 Defendant's Witness List# 4 Defendant's Exhibit List)(Cliff, Julie) (Entered: 06/20/2005) 67 MINUTE ORDER setting Seven (7) Day Jury Trial set for 7/10/2006 08:30 AM in Courtroom A 902 before Judge Walker D. Miller by Judge Walker D. Miller on 6/27/05. (dlb, ) (Entered: 06/27/2005) 68 FINAL PRETRIAL ORDER. Trial to a jury anticipated for five (5) days . Signed by Magistrate Judge Boyd N. Boland on 6/27/05. (dlb, ) (Entered: 06/27/2005) 69 MINUTE ORDER setting Settlement Conference set for 10/12/2005 10:30 AM in chambers A-442, before Magistrate Judge Boyd N. Boland by Magistrate Judge Boyd N. Boland on 6/27/05. (dlb, ) (Entered: 06/27/2005) 70 Minute Entry for proceedings held before Judge Boyd N. Boland : Final Pretrial Conference held on 6/27/2005, Set/Reset Hearings: Settlement Conference set for 10/12/2005 10:30 AM before Magistrate Judge Boyd N. Boland. (Court Reporter FTR BNB Ctrm 401-A.) (dlb, ) (Entered: 06/28/2005) 71 Exhibit List Supplemental Exhibit List by Defendant Progressive Casualty Insurance Company. (Giometti, Gregory) (Entered: 07/11/2005) 72 Exhibit List Supplemental by Plaintiff Dean Colby. (Cliff, Julie) (Entered: 07/11/2005) 73 Exhibit List Defendant's Objections to Plaintiff's Supplemental Exhibit List by Defendant Progressive Casualty Insurance Company. (Giometti, Gregory) (Entered: 07/28/2005) 74 SUPPLEMENT/AMENDMENT to [50] MOTION for Partial Summary Judgment by Plaintiff Dean Colby. (Attachments: # 1 Exhibit Peterson opinion)(Cliff, Julie) (Entered: 08/09/2005) 75 MINUTE ORDER: Vacating Settlement Conference set for 10/12/2005, to be reset upon request of the parties by Magistrate Judge Boyd N. Boland on 9/26/05. (dlb, ) (Entered: 09/26/2005) 76 MOTION to Supplement Pursuant to D.Colo.L.Civ.R. 7.1(E) by Defendant Progressive Casualty Insurance Company. (Giometti, Gregory) (Entered: 10/25/2005) 77 MINUTE ORDER denying 76 Motion to Supplement by Judge Walker D. Miller on 10/25/05. (wdmsec, ) (Entered: 10/25/2005) 78 MOTION to Supplement Pursuant to D.C.Colo.L.Civ.R. 7.1(E) by Defendant Progressive Casualty Insurance Company. (Giometti, Gregory) (Entered: 10/25/2005)

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79 MINUTE ORDER denying for failure to comply with D.C.Colo.LCivR 7.1A. 78 MOTION to Supplement Pursuant to D.C.Colo.L.Civ.R. 7.1(E) by Defendant by Judge Walker D. Miller on 10/26/05. (dlb, ) (Entered: 10/26/2005) 80 MOTION to Supplement Pursuant to D.C.Colo.L.Civ.R. 7.1(E) re: [10] MOTION by defendant Progressive Cas Ins for summary judgment declaring that pla claims against dft are barred both by the rule of res judicata and applicable statutes of limitation and [51] Second MOTION for Summary Judgment determining that pla's claims against dft are barred due to the fact that they are based upon the expired No Fault Act by Defendant Progressive Casualty Insurance Company by Defendant Progressive Casualty Insurance Company. (Giometti, Gregory) (Modified on 10/27/2005 to add linkage) (dlb, ). (Entered: 10/26/2005) 81 MINUTE ORDER granting 80 defendant's Motion to Supplement by Judge Walker D. Miller on 10/27/05. (wdmsec, ) (Entered: 10/27/2005) 82 MOTION to Dismiss Complaint without Prejudice by Plaintiff Dean Colby. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Proposed Order (PDF Only))(Cliff, Julie) (Entered: 06/09/2006) 83 Docket Annotation re: 82 MOTION to Dismiss Complaint without Prejudice. The NEF for this document to Jon Halaby was returned as undeliverable. The firm advises he is no longer with them. The firm will file a motion to withdraw. The NEF's cannot be resent to Mr. Halaby. Text only entry - no document attached. (gms, ) (Entered: 06/12/2006) 84 MINUTE ORDER re: 82 MOTION to Dismiss Complaint without Prejudice by Plaintiff. Defendants shall respond by 12:00 p.m. 6/16/06 by Judge Walker D. Miller on 6/14/06. (dln, ) (Entered: 06/14/2006) 85 RESPONSE to Motion re 82 MOTION to Dismiss Complaint without Prejudice Defendant's Response to Plaintiff's Motion to Dismiss Complaint Without Prejudice filed by Defendant Progressive Casualty Insurance Company. (Giometti, Gregory) (Entered: 06/16/2006) 86 RESPONSE to Motion re 82 MOTION to Dismiss Complaint without Prejudice Exhibits A and B to Defendant's Response to Plaintiff's Motion to Dismiss Complaint Without Prejudice filed by Defendant Progressive Casualty Insurance Company. (Attachments: # 1 Exhibit Exhibits A and B to Defendant's Response to Plaintiff's Motion to Dismiss Complaint Without Prejudice)(Giometti, Gregory) (Entered: 06/16/2006) 87 Docket Annotation re: 86 RESPONSE to Motion re 82 MOTION to Dismiss Complaint without Prejudice Exhibits A and B to Defendant's Response to Plaintiff's Motion to Dismiss Complaint Without Prejudice filed by Defendant. [Document is actually Exhibit A & B to #85]. Text only entry - no document attached. (dln, ) (Entered: 06/19/2006) 88 REPLY to Response to Motion re 82 MOTION to Dismiss Complaint without Prejudice filed by Plaintiff Dean Colby. (Attachments: # 1 Exhibit 4# 2 Exhibit 5# 3 Exhibit 6# 4 Exhibit 7# 5 Exhibit 8)(Cliff,

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https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?390794827169383-L_923_0-1

7/25/2006

CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-00761-WDM-BNB Document 97-4

Filed 07/24/2006

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Julie) (Entered: 06/19/2006) 06/28/2006 89 NOTICE of Supplemental Authority re: 82 MOTION to Dismiss Complaint without Prejudice by Plaintiff Dean Colby (Attachments: # 1 Exhibit A)(Cliff, Julie) (Modified on 6/29/2006 to add linkage) (dln, ). (Entered: 06/28/2006) 90 Docket Annotation re: 89 NOTICE of Supplemental Authority re: 82 MOTION to Dismiss Complaint without Prejudice by Plaintiff. [Entry modified to add linkage]. Text only entry - no document attached. (dln, ) (Entered: 06/29/2006) 91 ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT. [10] MOTION by defendant Progressive Cas Ins for summary judgment declaring that pla claims against dft are barred both by the rule of res judicata and applicable statutes of limitation is granted. All other pending motions are denied as moot. re: [50] MOTION for Partial Summary Judgment on his claims for declaratory relief and breach of contract by Plaintiff; [51] Second MOTION for Summary Judgment determining that pla's claims against dft are barred due to the fact that they are based upon the expired No Fault Act by Defendant and 82 MOTION to Dismiss Complaint without Prejudice by Plaintiff . Signed by Judge Walker D. Miller on 6/30/06. (dln, ) (Entered: 06/30/2006) 92 JUDGMENT by Clerk in favor of Defendant against Plaintiff. Signed on 6/30/06. (dln, ) (Entered: 06/30/2006) 93 Proposed Bill of Costs by Defendant Progressive Casualty Insurance Company. (Attachments: # 1 Proposed Document Stipulation as to Amount of Costs# 2 Exhibit Attachments to Stipulation)(Giometti, Gregory) (Entered: 07/14/2006) 94 STIPULATION as to amount of costs re: 92 JUDGMENT by Clerk in favor of Defendant against Plaintiff. Signed on 6/30/06 by Defendant Progressive Casualty Insurance Company. (dln, ) (Entered: 07/17/2006) 95 Costs Taxed in amount of $ 2,746.90 against Plaintiff (dln, ) (Entered: 07/17/2006) 96 NOTICE OF APPEAL as to 92 Clerk's Judgment by Plaintiff Dean Colby (Cliff, Julie) (Entered: 07/24/2006)

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