Garibaldi v. Everest National Insurance Company et al
Plaintiff: Jorge Garibaldi
Defendant: American Claims Management Incorporated, Perla Salcido and Everest National Insurance Company
Case Number: 2:2019cv02558
Filed: April 19, 2019
Court: US District Court for the District of Arizona
Presiding Judge: Douglas L Rayes
Nature of Suit: Contract: Insurance
Cause of Action: 28:1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 17, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 17, 2019 Filing 29 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff Jorge Garibaldi. (Dennis, Patrick)
June 11, 2019 Opinion or Order Filing 28 ORDER granting the parties' #26 Stipulation. IT IS ORDERED extending the deadline for the Parties to file their Responses to Mandatory Initial Discovery, through and including June 17, 2019. Signed by Judge Douglas L Rayes on 6/11/19. (CLB)
June 11, 2019 Filing 27 NOTICE of Errata re: #26 Stipulation by Plaintiff Jorge Garibaldi. (Attachments: #1 Text of Proposed Order)(Dennis, Patrick)
June 10, 2019 Filing 26 STIPULATION TO EXTEND DEADLINE TO FILE RESPONSES TO MANDATORY INITIAL DISCOVERY by Jorge Garibaldi. (Attachments: #1 Text of Proposed Order)(Dennis, Patrick)
June 10, 2019 Filing 25 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Everest National Insurance Company. (Plitt, Jordan)
June 6, 2019 Opinion or Order Filing 24 ORDER granting #23 Motion for Clarification. Defendants must serve their initial MIDP responses in accordance with the provisions of General Order 17-08 as amended on November 1, 2018 (Doc. #3 ). Signed by Judge Douglas L Rayes on 6/5/2019. (MMO)
June 5, 2019 Filing 23 MOTION for Clarification re: #12 MIDP - Order of Extension of Time to Answer by American Claims Management Incorporated, Perla Salcido. (Attachments: #1 Text of Proposed Order)(Short, Lindsay)
June 3, 2019 Filing 22 *REPLY to Response to Motion re: #15 MOTION to Dismiss Party Perla Salcido filed by Perla Salcido. (Kethcart, Robert) *Modified to reflect document is missing the signature of attorney on 6/4/2019 (GMP).
June 3, 2019 Filing 21 *REPLY to Response to Motion re: #16 MOTION to Dismiss Party American Claims Management, Inc. filed by American Claims Management Incorporated. (Kethcart, Robert) *Modified to correct event on 6/4/2019 (GMP).
May 31, 2019 Opinion or Order Filing 20 ORDER granting #19 Stipulation for Extension of Time for ACM and Ms. Salcido to File Replies in Support of their Motions to Dismiss. The deadline for American Claims Management and Perla Salcido to file their replies in support of their #15 , #16 Motions to Dismiss is extended through and including 6/3/2019. Ordered by Judge Douglas L Rayes on 5/31/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
May 31, 2019 Filing 19 First MOTION for Extension of Time to File Response/Reply in Support of Their Motions by American Claims Management Incorporated, Perla Salcido. (Attachments: #1 Text of Proposed Order)(Kethcart, Robert)
May 24, 2019 Filing 18 RESPONSE in Opposition re: #15 MOTION to Dismiss Party Perla Salcido , #16 MOTION to Dismiss Party American Claims Management, Inc. filed by Jorge Garibaldi. (Dennis, Patrick)
May 10, 2019 Filing 17 ANSWER to Complaint by Everest National Insurance Company.(Wittwer, John)
May 10, 2019 Filing 16 MOTION to Dismiss Party American Claims Management, Inc. by American Claims Management Incorporated. (Kethcart, Robert)
May 10, 2019 Filing 15 MOTION to Dismiss Party Perla Salcido by Perla Salcido. (Kethcart, Robert)
May 10, 2019 Filing 14 Corporate Disclosure Statement by American Claims Management Incorporated identifying Corporate Parent Brown & Brown Incorporated for American Claims Management Incorporated. (Kethcart, Robert)
May 2, 2019 Filing 13 Corporate Disclosure Statement identifying Corporate Parents Everest Reinsurance Company, Everest Reinsurance Holdings Incorporated, Everest Underwriting Group (Ireland) Limited, Everest Re Group Limited by Everest National Insurance Company. (Wittwer, John) *Modified record on 5/3/2019 (DXD).
May 1, 2019 Opinion or Order Filing 12 ORDER granting a one-time extension of time until 5/10/2019 for Defendants to respond to complaint. The parties' obligations to produce the information called for in the MIDP will be triggered by Defendant's answer to the complaint after the extension. No further extensions will be granted. Signed by Judge Douglas L Rayes on 5/1/2018. (MMO)
April 26, 2019 Filing 11 PLAINTIFF'S DEMAND for Jury Trial by Jorge Garibaldi. (Dennis, Patrick)
April 25, 2019 Filing 10 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Notice of Removal by American Claims Management Incorporated, Perla Salcido. (Attachments: #1 Text of Proposed Order)(Kethcart, Robert)
April 23, 2019 Opinion or Order Filing 9 ORDER that Counsel for Plaintiff may appear telephonically for the Rule 16 Scheduling Conference scheduled for 7/31/2019 at 4:30 PM. Signed by Judge Douglas L Rayes on 4/23/2019. (MMO)
April 23, 2019 Filing 8 NOTICE re: Plaintiff's Notice of Intent to Appear Telephonically at Scheduling Conference by Jorge Garibaldi re: #7 Order, Set/Reset Hearings . (Attachments: #1 Text of Proposed Order)(Dennis, Patrick)
April 23, 2019 Opinion or Order Filing 7 ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Rule 16 Scheduling Conference set for 7/31/2019 at 04:30 PM in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. The parties are directed to meet and confer at least 14 days before the Scheduling Conference as required by Federal Rule of Civil Procedure 26(f). (See Order for details.) Signed by Judge Douglas L Rayes on 4/22/2019. (MMO)
April 23, 2019 Opinion or Order Filing 6 ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Douglas L Rayes on 4/22/2019. (MMO)
April 22, 2019 Filing 5 NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to American Claims Management Incorporated. (MCO)
April 22, 2019 Filing 4 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Everest National Insurance Company. (MCO)
April 22, 2019 Filing 3 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MCO)
April 19, 2019 Filing 2 Filing fee paid, receipt number 0970-16811966. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-19-2558-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO)
April 19, 2019 ***STATE COURT RECOREDS RECEIVED***SERVICE EXECUTED : Affidavit of Service re: Summons, Complaint, Certificate of Compulsory Arbitration, Jury Demand upon Everest National Insurance Company on 3/22/2019. Affidavit of Service re: Summons, Complaint, Certificate of Compulsory Arbitration, Jury Demand upon American Claims Management Incorporated on 3/22/2019. Certificate of Service of Private Process Server upon Perla Salcido on 3/24/2019. (MCO) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
April 19, 2019 Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2019-005596. Filing fee received: $ 400.00, receipt number 0970-16811966 filed by Everest National Insurance Company. (Wittwer, John) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit)(MCO)

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Plaintiff: Jorge Garibaldi
Represented By: Patrick Mason Dennis
Represented By: Michael Patrick Doyle
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Defendant: American Claims Management Incorporated
Represented By: Robert Francis Kethcart
Represented By: Lindsay Lee Short
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Defendant: Perla Salcido
Represented By: Robert Francis Kethcart
Represented By: Lindsay Lee Short
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Defendant: Everest National Insurance Company
Represented By: Jordan Ross Plitt
Represented By: Timothy R Hyland
Represented By: John Kristian Wittwer
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