Swain v. Nationwide General Insurance Company
| David Swain |
| Nationwide General Insurance Company |
| 2:2023cv02176 |
| October 20, 2023 |
| US District Court for the District of Arizona |
| Deborah M Fine |
| Steven P Logan |
| Contract: Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Defendant |
Docket Report
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| Document Text |
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| Filing 26 RESPONSE to Motion re: #21 CROSS-MOTION to Dismiss for Lack of Subject Matter Jurisdiction Under Rule 12(B)(1) and for Failure to State a Claim Under Rule 12(B)(6) filed by David Swain. (Attachments: #1 Exhibit No. 1, #2 Exhibit No. 2, #3 Exhibit No. 3, #4 Exhibit No. 4, #5 Exhibit No. 5, #6 Exhibit No. 6)(Christoffel, David) |
Filing 25
ORDER granting #23 Motion for Clarification. Plaintiff shall have until December 20, 2023, to file any Response to the Cross-Motion to Dismiss. Signed by Judge Steven P Logan on 11/29/23. (MJW)
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| Filing 24 REPLY to Response to Motion #9 Supplemental MOTION to Compel Appraisal filed by David Swain. (Attachments: #1 Exhibit No. 7 - Email between appraisers, #2 Exhibit No. 8 - Case Law, #3 Exhibit No. 9 - Case Law)(Christoffel, David) Modified to correct links and text on 11/28/2023 (WLP). |
| Filing 23 MOTION for Ruling re: #21 CROSS-MOTION to Dismiss for Lack of Subject Matter Jurisdiction Under Rule 12(B)(1) and for Failure to State a Claim Under Rule 12(B)(6) by David Swain. (Attachments: #1 Proposed Order)(Christoffel, David) |
| Filing 22 NOTICE re: Cert of Good Faith Consultation Under LRCiv 12.1(c) by Nationwide General Insurance Company . (Sharlot, Laurence) |
| Filing 21 RESPONSE to Motion re: #9 Supplemental MOTION to Compel Appraisal, CROSS-MOTION to Dismiss for Lack of Subject Matter Jurisdiction Under Rule 12(B)(1) and for Failure to State a Claim Under Rule 12(B)(6) filed by Nationwide General Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Sharlot, Laurence) Modified to add cross motion on 11/21/2023 (WLP). |
| Filing 20 SERVICE EXECUTED filed by Nationwide General Insurance Company: Certificate of Service re: SDT re Barcia & Associates upon Charles Barcia on 11-10-2023. (Sharlot, Laurence) |
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Filing 19
ORDER granting #18 Stipulation : Defendant shall have until November 20, 2023, to file a Response to the Supplemental Motion to Compel Appraisal. Signed by Judge Steven P Logan on 11/13/23. (MJW)
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| Filing 18 STIPULATION to Extend Deadline to Respond to Plaintiff's Supplemental Motion to Compel Appraisal by Nationwide General Insurance Company. (Sharlot, Laurence) |
| Filing 17 NOTICE re: of Service by David Swain re: #16 Order . (Christoffel, David) |
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Filing 16
PRELIMINARY ORDER: Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. [See attached for additional information.] Signed by Judge Steven P. Logan on 11/8/2023. (RMW)
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| Filing 15 *SERVICE EXECUTED filed by Nationwide General Insurance Company: Certificate of Service re: SDT re Schembri Engineers, Inc. upon Philip Schembri on 11-03-2023. (Sharlot, Laurence) *Modified to correct service date on 11/9/2023 (CSL). |
| Filing 14 SERVICE EXECUTED filed by Nationwide General Insurance Company: Certificate of Service re: SDT re ProWest, LLC upon Lauren on 11-02-2023. (Sharlot, Laurence) |
| Filing 13 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 Steven P Logan. All further pleadings/papers should now list the following COMPLETE case number: CV-23-2176-PHX-SPL. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 12 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 11 AMENDED ANSWER to #1 Motion to Compel Appraisal and Complaint by Nationwide General Insurance Company. (Sharlot, Laurence) Modified to add link on 10/31/2023 (WLP). |
| Filing 9 Supplemental MOTION to Compel Appraisal by David Swain. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Proposed Order)(Christoffel, David) |
| Filing 8 ANSWER to #1 Notice of Removal, with Jury Demand by Nationwide General Insurance Company.(Sharlot, Laurence) |
| Filing 7 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) |
| Filing 5 NOTICE re: Plaintiff's Certificate of Interested Parties by David Swain . (Christoffel, David) |
| Filing 4 NOTICE of Appearance by David Andrew Christoffel on behalf of David Swain. (Christoffel, David) |
| Filing 3 Filing fee paid, receipt number AAZDC-22409634. This case has been assigned to the Honorable Deborah M Fine. All future pleadings or documents should bear the correct case number: CV-23-2176-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. (JAM) |
| Filing 2 Corporate Disclosure Statement by Nationwide General Insurance Company. (Sharlot, Laurence) (JAM) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2023-014066. Filing fee received: $ 402.00, receipt number AAZDC-22409634 filed by Nationwide General Insurance Company. (Sharlot, Laurence) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit)(JAM) |
| ***STATE COURT RECORDS RECEIVED*** SERVICE EXECUTED: Notice of Service re: Summons/Complaint upon Nationwide General Insurance Company on 9/28/23. (Original filed in Maricopa County Superior Court on 9/29/23.) (JAM) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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| Plaintiff: David Swain | |
| Represented By: | David Andrew Christoffel |
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| Defendant: Nationwide General Insurance Company | |
| Represented By: | Joseph Andrew Brophy |
| Represented By: | Laurence Randall Sharlot |
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