Black Mountain Paving Incorporated v. Acadia Insurance Company et al
| Black Mountain Paving Incorporated |
| Acadia Insurance Company and Unknown Parties |
| 2:2022cv01328 |
| August 8, 2022 |
| US District Court for the District of Arizona |
| Deborah M Fine |
| John J Tuchi |
| Contract: Insurance |
| 28 U.S.C. § 1446 Petition for Removal - Breach of Contract - Insurance |
| Both |
Docket Report
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| Filing 23 Receipt of remand letter and certified copy of order by Clerk of Court, Maricopa County Superior Court, on 9/23/2022. (LAD) |
Filing 22
ORDER - After the Court completed this Order and was preparing it for entry, the parties filed a Stipulation to Remand (Doc. #21 ). The Court will also grant the Stipulation. IT IS THEREFORE ORDERED granting Plaintiff's Motion to Remand (Doc. #6 ) and the parties' Stipulation to Remand (Doc. #21 ). IT IS FURTHER ORDERED denying as moot the pending Motion to Dismiss Fictitious Parties (Doc. #10 ). IT IS FURTHER ORDERED directing the Clerk of Court to remand this case to Maricopa County Superior Court as soon as is practicable and close this matter. (See document for further details). Signed by Judge John J Tuchi on 9/14/2022. (Attachments: #1 Copy of Remand Letter) (LAD)
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| Filing 21 STIPULATION to Remand by Acadia Insurance Company. (Attachments: #1 Proposed Order)(Rebholz, Jennifer) |
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Filing 20
ORDER: IT IS HEREBY ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12(b) and motions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. (See attached Order). Signed by Judge John J Tuchi on 9/13/2022. (JAMA)
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| Filing 19 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge John J Tuchi. All further pleadings/papers should now list the following COMPLETE case number: CV-22-1328-PHX-JJT. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 18 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 16 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
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Filing 14
ORDER TO SHOW CAUSE - that Plaintiff Black Mountain Paving Incorporated and Defendant Acadia Insurance Company shall each show cause in writing on or before September 26, 2022, why Plaintiff Black Mountain Paving Incorporated and/or Defendant Acadia Insurance Company should not be sanctioned or be held in contempt of court pursuant to title 18 U.S.C. 401 for failing to comply Rule 3.7(b) of the Local Rules of Civil Procedure. If Plaintiff Black Mountain Paving Incorporated and Defendant Acadia Insurance Company comply with Rule 3.7(b) on or before September 26, 2022, by either consenting to magistrate judge jurisdiction or electing to have the case assigned to a District Judge, this Order to Show Cause will be automatically vacated. Signed by Magistrate Judge Deborah M Fine on 8/26/22. (Attachments: #1 Instructions, #2 Consent Form)(MAP)
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| Filing 13 REPLY to Response to Motion re: #6 MOTION to Remand to State Court filed by Black Mountain Paving Incorporated. (Attachments: #1 Exhibit Ex A & Ex B)(Dieker, Douglas) |
| Filing 12 RESPONSE to Motion re: #6 MOTION to Remand to State Court filed by Acadia Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rebholz, Jennifer) |
| Filing 11 Corporate Disclosure Statement by Acadia Insurance Company identifying Corporate Parent W.R. Berkley Corporation for Acadia Insurance Company. (Rebholz, Jennifer) |
| Filing 10 MOTION to Dismiss Party Fictitious by Black Mountain Paving Incorporated. (Attachments: #1 Proposed Order)(Dieker, Douglas) |
| Filing 9 PLAINTIFF'S DEMAND for Jury Trial by Black Mountain Paving Incorporated. (Dieker, Douglas) |
| Filing 8 Corporate Disclosure Statement by Black Mountain Paving Incorporated. (Dieker, Douglas) |
| Filing 7 Additional Attachments to Main Document re: #1 Notice of Removal, 4 Notice of Deficiency (Text Only),, by Defendant Acadia Insurance Company. (Attachments: #1 Civil Cover Sheet)(Rebholz, Jennifer) |
| Filing 6 *MOTION to Remand to State Court by Black Mountain Paving Incorporated. (Attachments: #1 Exhibit Exhibits 1-5)(Dieker, Douglas) *Modified to indicate address update requested on 8/10/2022 (LAD). |
| Filing 5 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Acadia Insurance Company. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SCA) |
| Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Acadia Insurance Company. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SCA) |
| Filing 3 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 Acadia Insurance Company, Black Mountain Paving Incorporated. (SCA) |
| Filing 2 Filing fee paid, receipt number AAZDC-20966743. This case has been assigned to the Honorable Deborah M Fine. All future pleadings or documents should bear the correct case number: CV-22-01328-PHX-DMF. Magistrate Election form attached. PLEASE NOTE: Plaintiff(s) and defendants that have already appeared in this case are required to file the attached Magistrate Election form within FOURTEEN (14) days of this filing. Please read attached instructions. (SCA) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2022-004348. Filing fee received: $ 402.00, receipt number AAZDC-20966743 filed by Acadia Insurance Company. (Rebholz, Jennifer) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4)(SCA) |
| ***STATE COURT RECORDS RECEIVED*** SERVICE EXECUTED : Return of Service re: Summons, Complaint, Certificate of Compulsory Arbitration, Motion to Compel upon Richard, Security Guard and Authorized Representative for Acadia Insurance Company on 04/08/2022. (Original filed in Maricopa County Superior Court on 04/11/2022) (SCA) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
| ***STATE COURT RECORDS RECEIVED: ANSWER to Complaint with Jury Demand by Acadia Insurance Company. ENTERED IN DISTRICT COURT FOR CASE MANAGEMENT PURPOSES***(SCA) |
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