Benitez et al v. State Farm Fire and Casualty Company et al
| Juana Benitez and Roberto Catete |
| State Farm Fire and Casualty Company and State Farm Mutual Automobile Insurance Company |
| 2:2022cv00530 |
| April 27, 2022 |
| US District Court for the Northern District of Alabama |
| Nicholas A Danella |
| Anna M Manasco |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 16, 2022. A more recent docket listing may be available from PACER.
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| Filing 27 RESPONSE in Opposition re #16 MOTION to Remand to State Court filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Fawal, Aziz) |
Filing 26
ORDER SETTING BRIEFING SCHEDULE on Plaintiffs' Amended Motion For Leave To Amend Complaint, Doc. #22 , and Motion To Strike Accident Report From All Pleadings, Doc. #23 . Defendant's responses are due within fourteen (14) days of the date of this order; Plaintiffs' replies are due within seven (7) days of the date that the response is filed. Signed by Judge Anna M Manasco on 6/13/2022. (KAM)
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| Filing 25 MOTION to Amend/Correct #16 MOTION to Remand to State Court by Juana Benitez, Roberto Catete. (Attachments: #1 Exhibit Ex. D - Proposed First Amended Complaint)(Burton, Barry) |
| Filing 24 RESPONSE in Opposition re #2 MOTION to Dismiss filed by Juana Benitez, Roberto Catete. (Attachments: #1 Exhibit Ex. A - Proposed First Amended Complaint)(Burton, Barry) |
| Filing 23 MOTION to Strike Accident Report From All Pleadings by Juana Benitez, Roberto Catete. (Burton, Barry) |
| Filing 22 First MOTION to Amend/Correct Motion For Leave To Amend Complaint by Juana Benitez, Roberto Catete. (Attachments: #1 Exhibit Ex. A - Proposed First Amended Complaint)(Burton, Barry) |
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Filing 21
TEXT ORDER: Plaintiffs' Motion to Continue Rule 12(b)(6) Deadlines, Doc. #20 , is GRANTED. Plaintiffs' response to Defendants State Farm Fire and Casualty Company's and State Farm Mutual Automobile Insurance Company's Rule 12(b)(6) Motion To Dismiss is due on or before JUNE 14, 2022. Defendants' reply, if any, is due within fourteen (14) days of the filing of the response. Signed by Judge Anna M Manasco on 6/3/2022. (DNW)
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| Filing 20 MOTION to Continue Rule 12(b)(6) Deadlines by Juana Benitez, Roberto Catete. (Burton, Barry) |
| Filing 19 RESPONSE to Motion re #18 MOTION for Leave to File Amendment to Complaint filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Fawal, Aziz) |
| Filing 18 MOTION for Leave to File Amendment to Complaint by Juana Benitez, Roberto Catete. (Burton, Barry) |
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Filing 17
ORDER SETTING BRIEFING SCHEDULE on Plaintiffs' Motion To Remand to State Court, Doc. #16 . Defendants' response is due within twenty-one (21) days of the date of this order; Plaintiffs' reply is due within fourteen (14) days of the date that the response is filed. Signed by Judge Anna M Manasco on 5/26/2022. (DNW)
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| Filing 16 MOTION to Remand to State Court by Juana Benitez, Roberto Catete. (Attachments: #1 Exhibit Ex. A - Plaintiffs' Complaint, #2 Exhibit Ex. B - State Farm Declarations Page provided by the Plaintiffs to their attorney, #3 Exhibit Ex. C - Notice of Removal, #4 Exhibit Ex. D - Plaintiffs' Amendment to Complaint, #5 Exhibit Ex. E - UAB Hospital Liens for both Plaintiffs)(Burton, Barry) |
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Filing 15
TEXT ORDER: Because the deadline for amending the complaint as a matter of course passed before the plaintiffs filed their amended complaint, and because there is no indication that the plaintiffs received defendants' consent or the court's leave, the amended complaint, Doc. #14 , is STRICKEN. If the plaintiffs wish to file an amended complaint, they must do so with the defendants' written consent or the court's leave. Signed by Judge Anna M Manasco on 5/23/2022. (DNW)
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| Filing 14 ***STRICKEN*** AMENDED COMPLAINT Amendment to Complaint against State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company, filed by Juana Benitez, Roberto Catete.(Burton, Barry) Modified pursuant to Order 15 on 5/23/2022 (DNW). |
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Filing 13
TEXT ORDER: Plaintiffs Juana Benitez's and Roberto Catete's response to Defendants State Farm Fire and Casualty Company's and State Farm Mutual Automobile Insurance Company's Rule 12(b)(6) Motion To Dismiss, Doc. #2 , is due within twenty-one (21) days of entry of this order; Defendants' reply, if any, is due within fourteen (14) days of the filing of the response. Signed by Judge Anna M Manasco on 5/17/2022. (DNW)
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Filing 12
TEXT ORDER: The parties' Rule 26(f) obligations are STAYED pending a ruling on the Plaintiffs' forthcoming motion to remand. Accordingly, the Plaintiffs' Motion To Continue Rule 26 Deadlines, Doc. #9 , is DENIED AS MOOT. Signed by Judge Anna M Manasco on 5/17/2022. (DNW)
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Filing 11
TEXT ORDER: The telephone conference regarding consent to magistrate jurisdiction that is currently set for Wednesday, May 25, 2022 at 10:00 AM before Magistrate Judge Nicholas A Danella is CANCELLED. Signed by Magistrate Judge Nicholas A Danella on May 17, 2022. (MEB2)
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| Filing 10 Case Reassigned to Judge Anna M Manasco. Magistrate Judge Nicholas A Danella no longer assigned to the case. Please use case number 2:22-cv-00530-AMM on all subsequent pleadings. (DNW) |
| Filing 9 MOTION to Continue Rule 26 Deadlines by Juana Benitez, Roberto Catete. (Burton, Barry) |
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Filing 8
TEXT ORDER: The telephone conference regarding consent to magistrate jurisdiction that is currently set for Wednesday, May 18, 2022 is RESET for Wednesday, May 25, 2022, at 10:00 AM before Magistrate Judge Danella. The parties should dial (888) 363-4735 and enter access code 6785641 to participate in the conference. The parties are reminded that they are required to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) by no later than June 11, 2022. The telephone conference will be cancelled by separate order if all parties have submitted their elections beforehand. Signed by Magistrate Judge Nicholas A Danella on May 11, 2022. (MEB2)
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Filing 7
ORDER: Pursuant to General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge no later than June 11, 2022. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after June 11, 2022. A telephone conference is hereby SET for 10:00 AM on Wednesday, May 18, 2022. The parties are DIRECTED to call 888-363-4735 access code 6785641. Signed by Magistrate Judge Nicholas A Danella on April 27, 2022. (MEB2)
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Filing 6
ORDER REGARDING COMPLIANCE WITH RULE 26. Rule 26 Meeting Report due by 6/1/2022. Signed by Magistrate Judge Nicholas A Danella on April 27, 2022. (MEB2)
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| Filing 5 NOTICE OF ASSIGNMENT OF CASE TO A UNITED STATES MAGISTRATE JUDGE FOR TRIAL. You must complete the attached form to indicate whether you consent to proceed before the assigned magistrate judge or decline to proceed before the assigned magistrate judge (DNW) |
| Filing 4 NOTICE of Corporate Disclosure by State Farm Fire and Casualty Company (DNW) |
| Filing 3 NOTICE of Corporate Disclosure by State Farm Mutual Automobile Insurance Company (DNW) |
| Filing 2 MOTION to Dismiss by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 exh. a, #2 exh. b)(DNW) (Additional attachment(s) added on 6/24/2022: #3 Exhibit Corrected Exh. A) (DNW, ). |
| Filing 1 NOTICE OF REMOVAL by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company from Circuit Court of Blount County, Alabama, case number 08-cv-2022-900034.00. (Attachments: #1 exh. a, #2 exh. b, #3 exh. c, #4 exh. d)(DNW) |
| Filing Fee: Filing fee $ 402, receipt_number AALNDC-4074733 (B4601119871). related document #1 NOTICE OF REMOVAL by State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company from Circuit Court of Blount County, Alabama, case number 08-cv-2022-900034.00. (Attachments: # 1 exh. a, # 2 exh. b, # 3 exh. c, # 4 exh. d)(DNW). (Fawal, Aziz) Modified on 4/28/2022 (DNW, ). |
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