To v. State Farm Mutual Automobile Insurance Company et al
Plaintiff: Yuen To Chiu and Chiu Yuen To
Defendant: State Farm Mutual Automobile Insurance Company and Roger K. Tyler
Not Classified By Court: Temiika Gipson
Case Number: 2:2022cv02021
Filed: January 18, 2022
Court: US District Court for the Western District of Tennessee
Presiding Judge: John T Fowlkes
Referring Judge: Tu M Pham
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 20, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 8, 2022 Opinion or Order Filing 32 RESPONSE in Opposition re #21 MOTION to Strike State Farm Mutual Automobile Insurance Company's Motion to Strike Class Allegations (Proposed Order Submitted) filed by Chiu Yuen To. (Peel, Paul)
March 8, 2022 Opinion or Order Filing 31 RESPONSE in Opposition re #20 MOTION to Dismiss State Farm Mutual Automobile Insurance Company's Motion to Dismiss (Proposed Order Submitted) filed by Chiu Yuen To. (Peel, Paul)
March 2, 2022 Opinion or Order Filing 30 SETTING LETTER: Scheduling Conference RESET for Thursday, 4/14/2022 09:15 AM before Judge John T. Fowlkes Jr. The proceeding will be held via Microsoft Teams video conference. The Court will email the parties an invitation for the video conference 1 day prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account. Please email Ross Herrin at ross_herrin@tnwd.uscourts.gov for any questions. (wrh)
March 2, 2022 Opinion or Order Filing 29 ORDER [TEXT ONLY - NO IMAGE ATTACHED] granting #28 State Farm Mutual Automobile Insurance Company's Unopposed Motion to Continue Rule 16(b) Scheduling Conference and Incorporated Memorandum in Support signed by Judge John T. Fowlkes, Jr. on 3/2/2022. The Status Conference has been reset to Thursday, April 14, 2022 at 9:15 a.m.(Fowlkes, J.)
March 1, 2022 Opinion or Order Filing 28 MOTION to Continue State Farm Mutual Automobile Insurance Company's Unopposed Motion to Continue Rule 16(b) Scheduling Conference and Incorporated Memorandum in Support (Proposed Order Submitted) by State Farm Mutual Automobile Insurance Company. (Tullis, Mary)
February 25, 2022 Opinion or Order Filing 27 Notice of Correction to #26 Response in Opposition to Motion, Certificate of Service - Date of service was left blank. (Peel, Paul)
February 25, 2022 Opinion or Order Filing 26 RESPONSE in Opposition re #23 MOTION to Stay State Farm Mutual Automobile Insurance Co.'s Motion to Stay Proceedings Pending Resolution of Motion to Dismiss and Incorporated Memorandum in Support (Proposed Order Submitted) filed by Chiu Yuen To. (Peel, Paul)
February 22, 2022 Opinion or Order Filing 25 ORDER granting #24 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant State Farm's Motion to Strike Class Allegations signed by Judge John T. Fowlkes, Jr. on 2/22/2021. (Fowlkes, J.)
February 21, 2022 Opinion or Order Filing 24 Consent MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Strike State Farm Mutual Automobile Insurance Company's Motion to Strike Class Allegations (Proposed Order Submitted) Plaintiff's Unopposed Motion for Extension by Chiu Yuen To. (Peel, Paul)
February 11, 2022 Opinion or Order Filing 23 MOTION to Stay State Farm Mutual Automobile Insurance Co.'s Motion to Stay Proceedings Pending Resolution of Motion to Dismiss and Incorporated Memorandum in Support (Proposed Order Submitted) by State Farm Mutual Automobile Insurance Company. (Tullis, Mary)
February 9, 2022 Opinion or Order Filing 22 SETTING LETTER: A Scheduling Conference is set for THURSDAY, 3/10/2022 at 9:15 AM VIA TEAMS before Judge John T. Fowlkes, Jr. A JOINT proposed scheduling order in WORD format should be submitted at least 4 days prior to the scheduling conference to the ECF propdocs email address, ECF_Judge_Fowlkes@tnwd.uscourts.gov. Please follow Judge Fowlkes' scheduling guidelines at the website @https://connection.tnwd.circ6.dcn. Due to the Covid-19 pandemic, the scheduling conference may be cancelled in advance if the Joint proposed scheduling order is approved and entered prior to the conference date. If the order is not approved, the proceeding will go forward. At that time, Counsel should be prepared to set case deadlines and to discuss case status and all pending motions. Following the scheduling conference, the approved order will be filed electronically. (ljf)
February 8, 2022 Opinion or Order Filing 21 MOTION to Strike State Farm Mutual Automobile Insurance Company's Motion to Strike Class Allegations (Proposed Order Submitted) by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Memorandum)(Tullis, Mary)
February 8, 2022 Opinion or Order Filing 20 MOTION to Dismiss State Farm Mutual Automobile Insurance Company's Motion to Dismiss (Proposed Order Submitted) by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Memorandum, #2 Exhibit Exhibit 1)(Tullis, Mary)
February 8, 2022 Opinion or Order Filing 19 ORDER granting #16 Motion for Leave to Appear Pro Hac Vice signed by Judge John T. Fowlkes, Jr. on 2/8/2022. (Fowlkes, J.)
February 8, 2022 Opinion or Order Filing 18 ORDER granting #15 Motion for Leave to Appear Pro Hac Vice signed by Judge John T. Fowlkes, Jr. on 2/8/2022. (Fowlkes, J.)
February 7, 2022 Opinion or Order Filing 17 NOTICE of Appearance by James F. Bennett on behalf of State Farm Mutual Automobile Insurance Company (Bennett, James)
February 7, 2022 Opinion or Order Filing 16 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3803277) by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit Certificate of Good Standing - Missouri Supreme Court, #2 Exhibit Certificate of Good Standing - Southern District of New York)(Jackson, James)
February 7, 2022 Opinion or Order Filing 15 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3803268) by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit Certificate of Good Standing - Eastern District of Missouri, #2 Exhibit Certificate of Good Standing - Missouri Supreme Court)(Kuhn, Michael)
February 2, 2022 Opinion or Order Filing 14 ORDER granting #12 Motion for Leave to Appear Pro Hac Vice signed by Judge John T. Fowlkes, Jr. on 2/2/2021. (Fowlkes, J.)
February 2, 2022 Opinion or Order Filing 13 ORDER granting #11 Motion for Leave to Appear Pro Hac Vice signed by Judge John T. Fowlkes, Jr. on 2/2/2022. (Fowlkes, J.)
February 1, 2022 Opinion or Order Filing 12 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $150.00 - Rec # ATNWDC 3799960) by Chiu Yuen To. (Attachments: #1 Certificate of Good Standing, #2 Certificate of Good Standing)(Stephens, Kim) Modified on 2/1/2022 to include receipt number (jae).
February 1, 2022 Opinion or Order Filing 11 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3799981) by Chiu Yuen To. (Attachments: #1 Certificate of Good Standing, #2 Certificate of Good Standing)(Solomon, Rebecca)
January 26, 2022 Opinion or Order Filing 10 NOTICE of Appearance by Brigid M. Carpenter on behalf of State Farm Mutual Automobile Insurance Company (Carpenter, Brigid)
January 25, 2022 Opinion or Order Filing 9 NOTICE of Appearance by Karen Lott Glover on behalf of State Farm Mutual Automobile Insurance Company (Glover, Karen)
January 24, 2022 Opinion or Order Filing 8 ORDER granting Defendant State Farm Mutual Automobile Insurance Company's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint signed by Judge John T. Fowlkes, Jr. on 1/24/2022. (Fowlkes, J.)
January 21, 2022 Opinion or Order Filing 7 Corrected MOTION for Extension of Time to File Answer - Unopposed. proposed order submitted by State Farm Mutual Automobile Insurance Company. (Tullis, Mary)
January 21, 2022 Opinion or Order Filing 6 Consent MOTION for Extension of Time to File Answer to Complaint. proposed order submitted by State Farm Mutual Automobile Insurance Company. (Glover, Karen)
January 19, 2022 Opinion or Order Filing 5 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jae)
January 19, 2022 Opinion or Order Filing 4 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jae)
January 19, 2022 Opinion or Order Filing 3 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jae)
January 18, 2022 Opinion or Order Filing 2 Judge John T. Fowlkes, Jr and Chief Magistrate Judge Tu M. Pham added. (jae) (btg).
January 18, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL by State Farm Mutual Automobile Insurance Company from Shelby County Circuit Court, case number CT-4506-21 (Filing fee $ 402 receipt number ATNWDC-3789057), filed by State Farm Mutual Automobile Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - A True and Correct Copy of the Complaint served upon State Farm in the State Court Action, #3 Exhibit B - All other Pleadings, Filings filed in the State Court Action, #4 Exhibit C - Declaration of M. Roper, #5 Exhibit D - Declaration of D. Vinciguerra, #6 Exhibit E - Proof of Service of Process)(Tullis, Mary)

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Plaintiff: Yuen To Chiu
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Plaintiff: Chiu Yuen To
Represented By: Paul C. Peel
Represented By: Kim D. Stephens
Represented By: Rebecca Solomon
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Defendant: State Farm Mutual Automobile Insurance Company
Represented By: Mary Wu Tullis
Represented By: Brigid M. Carpenter
Represented By: James Russell Jackson
Represented By: James F. Bennett
Represented By: Karen Lott Glover
Represented By: Michael Kuhn
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Defendant: Roger K. Tyler
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Not classified by court: Temiika Gipson
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