Levins et al v. Walton et al
| William Levins and Kyla Levins |
| Kaleb Walton, Progressive Specialty Insurance Company, a company incorporated in the state of Ohio. and Progressive Specialty Insurance Company |
| 1:2023cv00082 |
| March 8, 2023 |
| US District Court for the Southern District of Alabama |
| Kristi K DuBose |
| Katherine P Nelson |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 29, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 19 Joint MOTION for Extension of Time to File Report on Parties' Planning Meeting filed by Progressive Specialty Insurance Company. (Hitson, Kenneth) |
| MOTIONS REFERRED: #19 Joint MOTION for Extension of Time to File Report on Parties' Planning Meeting. Referred to Judge Katherine P. Nelson. (meh) |
| Filing 18 Case Reassigned to District Judge Kristi K. DuBose. Magistrate Judge Katherine P. Nelson no longer assigned to the case. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix KD-N after the case number on all future pleadings. (tgw) |
| MOTIONS REFERRED: #10 MOTION to Remand to State Court - Referred to Judge Katherine P. Nelson. (tgw) |
| REFERRAL OF #17 Reply to Response to Motion and #16 Response to Motion, to Judge Nelson. (meh) |
| Filing 17 REPLY to Response to Motion #10 to Remand filed by Kyla Levins, William Levins. (Spencer, John) |
| Filing 16 RESPONSE to Motion re: #10 MOTION to Remand to State Court filed by Progressive Specialty Insurance Company. (Attachments: #1 Exhibit A - Response in Opposition to Progressive Specialty Insurance Company's Request for Admissions) (Hitson, Kenneth) |
| Filing 15 CONSENT to Jurisdiction by US Magistrate Judge by William Levins, Kyla Levins.. (Spencer, John) |
| Filing 14 Notice of Assignment to Magistrate Judge for trial. Consent Form due by 4/20/2023. The Order entered at Doc. 13 is VACATED. (Attachments: #1 Consent Form, #2 Request for Reassignment Form) (tgw) |
Filing 13
(Vacated per Order at Doc. #14 ) TEXT-ONLY Order: The parties are directed to either file the Consent to Magistrate Judge or EMAIL the Request for Reassignment by 4/20/2023. The forms were provided at Doc. #11 . Signed by Magistrate Judge Katherine P. Nelson on 4/5/2023. (tgw)
|
|
Filing 12
TEXT-ONLY ORDER Setting Motion Deadlines re: #10 MOTION to Remand to State Court filed by William Levins, Kyla Levins. Non-movants' brief(s) in response to said motion, if any, must be filed and served no later than 4/13/2023. Movants' brief in reply to the response(s), if any, must be filed and served no later than 4/20/2023. Motion to be taken under submission on 4/21/2023. Except as permitted by the Court's Local Rules, e.g., S.D. Ala. CivLR 7(f)(3), no other briefing or submissions addressing the subject motion may be filed without leave of the Court for good cause shown. Should the Court determine that oral argument would be beneficial, a hearing will be set by separate order. Otherwise, this motion is being submitted without oral argument. See Fed. R. Civ. P. 78(b); S.D. Ala. CivLR 7(h). "Oral argument requests must contain specific reasons why oral argument would be helpful." S.D. Ala. CivLR 7(h). Signed by Magistrate Judge Katherine P. Nelson on 4/4/2023. (ctn)
|
| Filing 11 Notice of Assignment to Magistrate Judge for trial. (Attachments: #1 Consent Form, #2 Request for Reassignment Form) (tgw) |
| Filing 10 MOTION to Remand to State Court filed by All Plaintiffs. (Attachments: #1 Exhibit Settlement Offer, #2 Exhibit Subrogation Letter, #3 Exhibit Objections to Requests for Admissions, #4 Exhibit Medical Bills, #5 Exhibit Affidavit of William Levins) (Spencer, John) |
|
Filing 9
TEXT-ONLY ORDER on #8 , #6 Disclosure Statements filed by Progressive Specialty Insurance Company. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. Signed by Magistrate Judge Katherine P. Nelson on 3/17/2023. (ctn)
|
| Filing 8 Corporate Disclosure Statement filed by Defendants Progressive Specialty Insurance Company, Progressive Casualty Insurance Company, Drive Insurance Holdings, Inc., The Progressive Corporation identifying Corporate Parent The Progressive Corporation, Corporate Parent Drive Insurance Holdings, Inc., Corporate Parent Progressive Casualty Insurance Company for Progressive Specialty Insurance Company.. (Hitson, Kenneth) |
|
Filing 7
TEXT-ONLY ORDER re: #6 Disclosure Statement filed by Progressive Specialty Insurance Company ("Progressive"): In response to section 1, which mirrors the disclosure requirements of Fed. R. Civ. P. 7.1(a)(1), Progressive states: "We believe this is not applicable to this party." However, Fed. R. Civ. P. 7.1(a)(1)'s disclosure requirements apply to both "nongovernmental corporate part[ies]" and "nongovernmental corporation[s] that seek[] to intervene..." Progressive is a named defendant in this action, and alleges that it is a corporation. Therefore, Progressive appears to be a "nongovernmental corporate party" subject to Fed. R. Civ. P. 7.1(a)(1). Upon due consideration, Progressive is ORDERED to, no later than 3/20/2023, either (1) file an amended disclosure statement, using this Court's current form (https://www.alsd.uscourts.gov/sites/alsd/files/forms/CivilDisclosureStatement.pdf), that makes the disclosures required by section 1; or (2) file a brief explaining why Progressive does not believe it is a "nongovernmental corporate party" subject to Fed. R. Civ. P. 7.1(a)(1). Signed by Magistrate Judge Katherine P. Nelson on 3/13/2023. (ctn)
|
| Filing 6 Corporate Disclosure Statement filed by Defendant Progressive Specialty Insurance Company. (Hitson, Kenneth) |
| Filing 5 AMENDED NOTICE OF REMOVAL from Circuit Court of Mobile County, case number 2022-901704., filed by Progressive Specialty Insurance Company. (Attachments: #1 Exhibit Exhibit A - State Court File, #2 Exhibit Exhibit B - Plt Kayla Levin's Response to ROGS, #3 Exhibit Exhibit C - Plt William Levin's Response to ROGS, #4 Exhibit Exhibit D - Notice of Removal - State Court) (Hitson, Kenneth) |
|
Filing 4
TEXT-ONLY ORDER: Progressive Specialty Insurance Company is ORDERED to file a disclosure statement in accordance with Fed. R. Civ. P. 7.1 and S.D. Ala. CivLR 7.1, using this Court's current form (https://www.alsd.uscourts.gov/sites/alsd/files/forms/CivilDisclosureStatement.pdf), no later than 3/16/2023. Signed by Magistrate Judge Katherine P. Nelson on 3/9/2023. (ctn)
|
|
Filing 3
TEXT-ONLY ORDER re: #1 Notice of Removal, filed by Progressive Specialty Insurance Company ("Progressive"): Progressive is ORDERED to file an amended notice of removal amending paragraph 3 to also allege "the State or foreign state where [Progressive] has its principal place of business" no later than 3/16/2023. See 28 U.S.C. 1332(c)(1) (for purposes of diversity jurisdiction, "a corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business..." (emphasis added)). Failure to do so may result in this Court remanding this action sua sponte under 28 U.S.C. 1447(c) for lack of subject matter jurisdiction. Signed by Magistrate Judge Katherine P. Nelson on 3/9/2023. (ctn)
|
|
Filing 2
PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 4/24/2023. Signed by Magistrate Judge Katherine P. Nelson on 3/9/2023. (Attachments: #1 Consent Form) (tgw)
|
| Filing 1 NOTICE OF REMOVAL , filed by Progressive Specialty Insurance Company, a company incorporated in the state of Ohio. Filing Fee $402 paid by credit card, AALSDC-3162600. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A - State Court File, #3 Exhibit Exhibit B - Plt Kyla Levin's Response to ROGS, #4 Exhibit Exhibit C - Plt William Levin's Response to ROGS, #5 Exhibit Exhibit D - Notice of Removal State Court) (Hitson, Kenneth) |
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 Alabama Southern 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
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.
