Aguado v. XL Insurance America et al
Plaintiff: Sergio Mireles Aguado
Defendant: XL Insurance America, Intercare Holdings Incorporated, Maria E Flores and Saul Rodriguez
Case Number: 2:2023cv02528
Filed: December 6, 2023
Court: US District Court for the District of Arizona
Presiding Judge: David G Campbell
Nature of Suit: Contract: Insurance
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Insurance Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 5, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 1, 2024 Filing 22 SERVICE EXECUTED filed by Maria E Flores: Rule 4 Waiver of Service of Summons. Waiver sent on January 8, 2024 to Maria E. Flores . (Wittwer, John)
February 1, 2024 Filing 21 SERVICE EXECUTED filed by Saul Rodriguez: Rule 4 Waiver of Service of Summons. Waiver sent on January 8, 2024 to Saul Rodriguez . (Wittwer, John)
January 25, 2024 Opinion or Order Filing 20 CASE MANAGEMENT ORDER: Discovery due by 10/25/2024. Dispositive motions due by 3/14/2025. See attached Order for deatils. Signed by Senior Judge David G Campbell on 1/25/2024. (KFZ)
January 24, 2024 Filing 19 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Scheduling Conference held on 1/24/2024. Deadlines discussed and entered. Order to follow. TELEPHONIC APPEARANCES: Patrick Dennis for Plaintiff. John Wittwer for Defendant Intercare Holdings, Incorporated. Philip Moncla for Defendant XL Insurance America. (Court Reporter Elaine Cropper.) Hearing held 3:34 PM to 3:49 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ)
January 24, 2024 Filing 18 REPLY to Response to Motion re: #13 MOTION to Dismiss for Failure to State a Claim as To Intercare Holdings, Inc. filed by Intercare Holdings Incorporated. (Bunch, Parker)
January 24, 2024 Filing 17 NOTICE of Appearance by Philip Moncla on behalf of XL Insurance America. (Moncla, Philip)
January 22, 2024 Filing 16 RESPONSE to Motion re: #13 MOTION to Dismiss for Failure to State a Claim as To Intercare Holdings, Inc. filed by XL Insurance America. (Stein, Amy)
January 17, 2024 Filing 15 REPORT of Rule 26(f) Planning Meeting by Sergio Mireles Aguado. (Dennis, Patrick)
January 17, 2024 Filing 14 RESPONSE to Motion re: #13 MOTION to Dismiss for Failure to State a Claim as To Intercare Holdings, Inc. filed by Sergio Mireles Aguado. (Dennis, Patrick)
January 8, 2024 Filing 13 *MOTION to Dismiss Case for Failure to State a Claim as To Intercare Holdings, Inc. by Intercare Holdings Incorporated. (Attachments: #1 Attachment Certificate of Compliance)(Wittwer, John) *Modified to correct event on 1/9/2024 (CSL).
January 2, 2024 Filing 12 Corporate Disclosure Statement by XL Insurance America identifying Corporate Parent XL Insurance America, Inc., Corporate Parent AXA SA for XL Insurance America. (Stein, Amy)
January 2, 2024 Filing 11 Amended ANSWER to Complaint with Jury Demand by XL Insurance America.(Stein, Amy)
December 27, 2023 Opinion or Order Filing 10 ORDER granting the parties' #9 Stipulation For Extension of Time To Answer Complaint. Defendant Intercare Holdings Inc.'s answer deadline is extended to 1/8/2024. Ordered by Senior Judge David G Campbell on 12/27/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
December 27, 2023 Filing 9 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Intercare Holdings Incorporated. (Attachments: #1 Proposed Order)(Wittwer, John)
December 20, 2023 Filing 8 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 XL Insurance America. (CLB)
December 19, 2023 Opinion or Order Filing 7 ORDER SETTING TELEPHONIC RULE 16 CASE MANAGEMENT CONFERENCE: A Telephonic Case Management Conference is set for 1/24/2024 at 03:30 PM before Senior Judge David G Campbell. See attached order for details. Signed by Senior Judge David G Campbell on 12/19/2023. (CLB)
December 18, 2023 Filing 6 ANSWER to #1 Notice of Removal, with Jury Demand by XL Insurance America.(Stein, Amy)
December 13, 2023 Opinion or Order Filing 5 ORDER granting the parties' #4 Stipulation For Extension of Time To Answer Complaint. Defendant Intercare Holdings Inc.'s answer deadline is extended to 12/27/2023. Ordered by Senior Judge David G. Campbell on 12/13/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
December 13, 2023 Filing 4 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Intercare Holdings Incorporated. (Attachments: #1 Proposed Order)(Wittwer, John)
December 6, 2023 Filing 3 Filing fee paid, receipt number AAZDC-22551571. This case has been assigned to the Honorable David G Campbell. All future pleadings or documents should bear the correct case number: CV-23-02528-PHX-DGC. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK)
December 6, 2023 Filing 2 Corporate Disclosure Statement by Intercare Holdings Incorporated. (submitted by John Wittwer) (REK)
December 6, 2023 Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2023-013555. Filing fee received: $405.00, receipt number AAZDC-22551571 filed by Intercare Holdings Incorporated. (submitted by John Wittwer) (Attachments: #1 Exhibit A-M, #2 Civil Cover Sheet, #3 Supplemental Cover Sheet) (REK)
December 6, 2023 ***State Court record received on 12/06/2023***SERVICE EXECUTED filed by Sergio Mireles Aguado: Affidavit of Service re: Amended Summons and Complaint upon XL Insurance America Incorporated on 11/27/2023.***Affidavit of Service filed in Maricopa County Superior Court on 11/29/2023, docketed in U.S. District Court on 12/06/2023 for case management purposes.*** (REK) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
December 6, 2023 ***State Court record received on 12/06/2023***SERVICE EXECUTED filed by Sergio Mireles Aguado: Notice of Service re: Summons, Complaint, Notice of Claim Status, and Decision upon Hearing and Findings of Award upon Intercare Holdings Incorporated on 11/06/2023.***Service of Process Receipt docketed in U.S. District Court on 12/06/2023 for case management purposes.*** (REK) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.

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Plaintiff: Sergio Mireles Aguado
Represented By: Jeffrey Avery
Represented By: Michael Patrick Doyle
Represented By: Patrick Mason Dennis
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Defendant: XL Insurance America
Represented By: Amy Michelle Samberg
Represented By: Amy Lynn Stein
Represented By: Philip Moncla
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Defendant: Intercare Holdings Incorporated
Represented By: John Kristian Wittwer
Represented By: Parker Conlan Bunch
Represented By: Phillip Edward LaPointe
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Defendant: Maria E Flores
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Defendant: Saul Rodriguez
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