Kinder v. Liberty Mutual Insurance Company
| Harry Stuart Kinder |
| Liberty Mutual Insurance Company |
| 2:2023cv01338 |
| August 28, 2023 |
| US District Court for the District of Nevada |
| Jennifer A Dorsey |
| Brenda Weksler |
| Insurance |
| 28 U.S.C. ยง 1441 Petition for Removal- Insurance Contract |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 14, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 12
MINUTES OF PROCEEDINGS - Motion Hearing held on 10/11/2023 before Judge Jennifer A. Dorsey. Crtrm Administrator: Danielle Cacciabaudo; Pla Counsel: Harry Stuart Kinder; Def Counsel: Nicholas Boos; Court Reporter: Amber McClane; Time of Hearing: 2:02 p.m. - 2:39 p.m.; Courtroom: 6D; The Court hears oral argument and GRANTS in part and DENIES in part #7 Liberty Mutual Insurance Company's motion to dismiss as follows: To the extent the motion seeks to dismiss all claims against Liberty Mutual Insurance Company, it is GRANTED with leave to amend by 10/31/23 (1) to assert the claims against policy-issuer L M Insurance Corporation; and (2) to add true factual allegations supporting alter-ego liability against Liberty Mutual Insurance Company. If the plaintiff cannot state true facts to support an alter ego theory against Liberty Mutual Insurance Company under Nevada law, he must direct his claims only against L M Insurance Corporation; defense counsel has graciously indicated he will accept service on behalf of L M Insurance Corporation.To the extent that the motion seeks to dismiss claims as insufficiently pled, it is GRANTED in part:Claim 4 (misrepresentation and fraud) and the portion of Claim 6 (unfair claims practices) theorizing a failure to adopt and implement standards are dismissed with leave to amend by 10/31/23. Claim 1 (declaratory relief); Claim 8 (infliction of emotional distress); and Claim 9 (injunctive relief) are dismissed with prejudice and without leave to amend. (no image attached) (Copies have been distributed pursuant to the NEF - DC)
|
|
Filing 11
REPLY to Response to #7 Motion to Dismiss by Defendant Liberty Mutual Insurance Company. (Boos, Nicholas)
|
|
Filing 10
RESPONSE to #7 Motion to Dismiss by Plaintiff Harry Stuart Kinder. Replies due by 9/28/2023. (AMMi)
|
|
Filing 9
NOTICE Setting Hearing on #7 MOTION to Dismiss: Motion Hearing set on a stacked calendar for 10/11/2023 at 02:00 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. This hearing will be conducted in person. (no image attached) (DC)
|
|
Filing 8
STATEMENT REGARDING REMOVAL by Defendant Liberty Mutual Insurance Company.. (Boos, Nicholas)
|
|
Filing 7
MOTION to Dismiss by Defendant Liberty Mutual Insurance Company. Responses due by 9/22/2023. (Boos, Nicholas)
|
|
Filing 6
ORDER Granting #5 Stipulation for Extension of Time. Liberty Mutual Insurance Company answer due 9/8/2023. Signed by Magistrate Judge Brenda Weksler on 9/5/2023. (Copies have been distributed pursuant to the NEF - JQC)
|
|
Filing 5
STIPULATION FOR EXTENSION OF TIME (First Request) by Defendant Liberty Mutual Insurance Company. (Attachments: #1 Proposed Order)(Boos, Nicholas) (extend) (answer)
|
|
Filing 4
MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 8/29/2023. By Deputy Clerk: A.Miller. Statement regarding removed action is due by 9/13/2023. Joint Status Report regarding removed action is due by 9/28/2023. (Copies have been distributed pursuant to the NEF - AMMi)
|
|
Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Brenda Weksler. (AMMi)
|
|
Filing 3
DEMAND for Trial by Jury by Defendant Liberty Mutual Insurance Company. (Boos, Nicholas)
|
|
Filing 2
CERTIFICATE of Interested Parties by Liberty Mutual Insurance Company that identifies all parties that have an interest in the outcome of this case. Corporate Parent Liberty Fire Insurance Company, Corporate Parent LMHC Massachusetts Holdings Inc., Corporate Parent Liberty Mutual Holding Company Inc., Corporate Parent Liberty Mutual Group Inc. for Liberty Mutual Insurance Company added. (Boos, Nicholas)
|
|
Filing 1
PETITION FOR REMOVAL from Eighth Judicial District Court of Clark County, Case Number A-23-871713-C, (Filing fee $ 402 receipt number ANVDC-7409015) by Liberty Mutual Insurance Company. Certificate of Interested Parties due by 9/7/2023. (Attachments: #1 Declaration of Matthew A. Chipman, #2 Civil Cover Sheet) (Boos, Nicholas) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Nevada District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Kinder v. Liberty Mutual Insurance Company | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Harry Stuart Kinder | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Liberty Mutual Insurance Company | |
| Represented By: | Nicholas Boos |
| Represented By: | Kristol Bradley Ginapp |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
