Hernandez v. Fidelity and Guaranty Insurance Company et al
| Kenia Merary Hernandez |
| Fidelity and Guaranty Insurance Company and E Bryant Cottingham Insurance |
| 2:2023cv00399 |
| March 29, 2023 |
| US District Court for the Northern District of Alabama |
| John H England |
| Anna M Manasco |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 8, 2024. A more recent docket listing may be available from PACER.
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| Filing 27 REPLY Brief filed by Plaintiff Kenia Merary Hernandez re: #25 Response in Opposition to Motion, #23 Response to Motion to remand filed by Kenia Merary Hernandez. (Attachments: #1 Exhibit Exhibit A, Declaration of Kenia Hernandez, #2 Exhibit Exhibit B, Email to Defense Counsel)(Smith, Brenden) |
| Filing 26 REPORT of Rule 26(f) Planning Meeting. (Norton, Robert) |
| Filing 25 RESPONSE in Opposition re #17 First MOTION to Remand to State Court for lack of diversity and lack of unanimity filed by Fidelity and Guaranty Insurance Company. (Norton, Robert) |
| Filing 24 ANSWER to #14 Amended Complaint by Fidelity and Guaranty Insurance Company.(Norton, Robert) |
| Filing 23 RESPONSE to Motion re #17 First MOTION to Remand to State Court for lack of diversity and lack of unanimity filed by E Bryant Cottingham Insurance. (Whitehead, Stephen) |
| Filing 22 ANSWER to #14 Amended Complaint and Affirmative Defenses by E Bryant Cottingham Insurance.(Whitehead, Stephen) |
| Filing 21 NOTICE OF REASSIGNMENT-The parties having not unanimously consented to the dispositive jurisdiction by a Magistrate Judge, the above styled civil action has been randomly reassigned to the Honorable Anna M. Manasco. Please use case number 2:23 CV 399 AMM on all subsequent pleadings. (AKD) |
| Minute Entry for proceedings held before Magistrate Judge John H England, III: Telephone Conference held on 5/4/2023. (ASL) |
Filing 20
TEXT ORDER granting #19 Motion for Extension of Time to Answer. Defendants' answers are due by May 9, 2023. Signed by Magistrate Judge John H. England, III on 5/2/2023. (CDG)
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| Filing 19 Unopposed MOTION for Extension of Time to File Answer re #14 Amended Complaint Motion is RIPE 5/2/2023. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by E Bryant Cottingham Insurance, Fidelity and Guaranty Insurance Company. (Norton, Robert) |
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Filing 18
TEXT ORDER setting briefing schedule re #17 Motion to Remand to State Court. Responses are due by May 9, 2023. Replies are due by May 16, 2023. Signed by Magistrate Judge John H. England, III on 4/25/2023. (CDG)
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| Set/Reset Deadlines as to #17 First MOTION to Remand to State Court Responses due by 5/9/2023 Replies due by 5/16/2023. (AKD) |
| Filing 17 First MOTION to Remand to State Court for lack of diversity and lack of unanimity by Kenia Merary Hernandez. (Attachments: #1 Exhibit Exhibit "A," Osorio Declaration, #2 Exhibit Exhibit "B," Cottingham's Initial Disclosures)(Smith, Brenden) |
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Filing 16
TEXT ORDER finding as moot #8 Motion to Dismiss in light of Plaintiff's amended complaint. Signed by Magistrate Judge John H. England, III on 4/18/2023. (CDG)
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| Filing 15 RESPONSE in Opposition re #8 MOTION to Dismiss Claims Against Bryant Cottingham Insurance filed by Kenia Merary Hernandez. (Smith, Brenden) |
| Filing 14 AMENDED COMPLAINT First Amended Complaint against All Defendants, filed by Kenia Merary Hernandez.(Smith, Brenden) |
| Filing 13 NOTICE of Appearance by Brenden Lawrence Smith on behalf of All Plaintiffs (Smith, Brenden) |
| Filing 12 NOTICE of Appearance by Jason L Yearout on behalf of Kenia Merary Hernandez (Yearout, Jason) |
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Filing 11
ORDER REGARDING COMPLIANCE WITH RULE 26(f). Signed by Magistrate Judge John H England, III on 04/05/2023. (AKD)
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Filing 10
ORDER-Pursuant to the 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 pursuant to 28 U.S.C. 636(c) no later than May 19, 2023. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a randomly drawn district judge without further order after May 19, 2023.A telephone status conference is hereby SET for 1:45 p.m. on May 4, 2023. The parties are DIRECTED to call 205-931-0422 to access the telephone conference. The access code is 326 422 730. The parties should call in five minutes prior to the start time of the conference. The telephone conference will be cancelled if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge John H England, III on 04/05/2023. (AKD)
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Filing 9
TEXT ORDER setting briefing schedule re #8 Motion to Dismiss. Plaintiff's response is due by April 18, 2023. Defendant's reply, if any, is due by April 25, 2023. Signed by Magistrate Judge John H. England, III on 4/5/2023. (CDG)
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| Set/Reset Deadlines as to #8 MOTION to Dismiss. Responses due by 4/18/2023 Replies due by 4/25/2023. (AKD) |
| Filing 8 MOTION to Dismiss by E Bryant Cottingham Insurance. (Attachments: #1 Exhibit A - Travelers Insurance Policy No. BIP-1T091186-22-42)(Whitehead, Stephen) |
| Filing 7 Corporate Disclosure Statement by E Bryant Cottingham Insurance. filed by E Bryant Cottingham Insurance (Chessin, Brett) |
| Filing 6 NOTICE of Appearance by Brett Chessin on behalf of E Bryant Cottingham Insurance (Chessin, Brett) |
| Filing 5 NOTICE of Appearance by Stephen E Whitehead on behalf of E Bryant Cottingham Insurance (Whitehead, Stephen) |
| Filing 4 NOTICE OF CONSENT to a magistrate judge in a civil action. (AKD) |
| Filing Fee: Filing fee $ 402, receipt_number AALNDC-4305971 (ALND receipt# B-4490). related document #1 NOTICE OF REMOVAL by Fidelity and Guaranty Insurance Company from Circuit Court of Jefferson County, Alabama, case number 01-CV-2023-900604. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (CTF). (Norton, Robert) Modified on 3/30/2023 (AKD). |
| Filing 3 ANSWER to Complaint by Fidelity and Guaranty Insurance Company. (CTF) |
| Filing 2 NOTICE of Corporate Disclosure by Fidelity and Guaranty Insurance Company (CTF) |
| Filing 1 NOTICE OF REMOVAL by Fidelity and Guaranty Insurance Company from Circuit Court of Jefferson County, Alabama, case number 01-CV-2023-900604. (Attachments: #1 Exhibit A, #2 Exhibit B) (CTF) |
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