Gaar v. Everest National Insurance Company et al
| Mitchell Gaar |
| Everest National Insurance Company, Sedgwick Claims Services Incorporated and Unknown Parties |
| 2:2024cv00412 |
| February 27, 2024 |
| US District Court for the District of Arizona |
| David G Campbell |
| James F Metcalf |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on April 26, 2024. A more recent docket listing may be available from PACER.
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| Filing 20 REPORT of Rule 26(f) Planning Meeting by Mitchell Gaar. (Kennedy, Simon) |
Filing 19
ORDER: The Court has reviewed Plaintiff's pending motion for remand and the subsequent briefing. The Court finds Plaintiff's argument that he does not know the extent of his injuries because Defendants have not conducted an investigation to be entirely unreasonable. Plaintiff has an obligation to investigate his own claims; he has personal knowledge of his injuries and medical treatment; he has access to his own medical records. The Court also finds Plaintiff's repeated failures to respond to Defendants' multiple inquiries before removal to be entirely unreasonable. Such stonewalling shall stop. Plaintiff's counsel will respond to Defendants' communications in the future. The Court has set a case management conference for May 1, 2024. Plaintiff shall, at least five days before that conference, provide Defendants with Plaintiff's current best estimate of his damages in this case. The parties shall be prepared to address the motion to remand at the conference, in addition to matters addressed in their Rule 26(f) report. Ordered by Senior Judge David G Campbell on 4/16/24. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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| Filing 18 REPLY to Response to Motion re: #16 MOTION to Remand to State Court filed by Mitchell Gaar. (Attachments: #1 Exhibit Exhibit A)(Kennedy, Simon) |
| Filing 17 RESPONSE in Opposition re: #16 MOTION to Remand to State Court filed by Everest National Insurance Company, Sedgwick Claims Services Incorporated. (Attachments: #1 Exhibit Ex 1 - 4, #2 Exhibit Ex 5 - 8, #3 Exhibit Ex 9, #4 Exhibit Ex 10, #5 Exhibit Ex 11, #6 Exhibit Ex 12)(Hunnicutt, Kathryn) |
| Filing 16 MOTION to Remand to State Court by Mitchell Gaar. (Kennedy, Simon) |
| Filing 14 NOTICE of Appearance by Simon Kennedy on behalf of Mitchell Gaar. (Kennedy, Simon) |
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Filing 13
ORDER SETTING TELEPHONIC RULE 16 CASE MANAGEMENT CONFERENCE: Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a telephonic Case Management Conference is set for May 1, 2024 at 11:00 a.m. The parties will receive a dial-in number by email after the Joint Case Management Report is filed. In preparation for this Case Management Conference, it is hereby ordered as follows: The parties are directed to meet and confer at least 10 days before the Case Management Conference as required by Federal Rule of Civil Procedure 26(f). The parties shall jointly file the Case Management Report with the Clerk not less than seven days before the Case Management Conference. See document for complete details. Signed by Senior Judge David G Campbell on 3/22/2024. (KLG)
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| Filing 12 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 David G Campbell. All further pleadings/papers should now list the following COMPLETE case number: CV-24-00412-PHX-DGC. FURTHER ORDERED that the Order to Show Cause Hearing scheduled for April 8, 2024 is hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 11 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) |
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Filing 9
ORDER that Everest National Insurance Company, Sedgwick Claims Services Incorporated show cause for failure to comply with LRCiv 3.7(b) before Chief Judge G Murray Snow. Show Cause Hearing set for 4/8/2024 at 09:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G Murray Snow. (Attachments: #1 Instructions, #2 Consent Form)(MAP)
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Filing 8
ORDER that Mitchell Gaar show cause for failure to comply with LRCiv 3.7(b) before Chief Judge G Murray Snow. Show Cause Hearing set for 4/8/2024 at 09:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Chief Judge G Murray Snow. (Attachment(s): #1 Instructions, #2 Consent Form) (MAP).
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| Filing 7 DEFENDANT'S DEMAND for Jury Trial by Everest National Insurance Company, Sedgwick Claims Services Incorporated. (Hunnicutt, Kathryn) |
| Filing 6 ANSWER to #1 Notice of Removal, Defendants' Answer to Plaintiff's Complaint by Everest National Insurance Company, Sedgwick Claims Services Incorporated.(Hunnicutt, Kathryn) |
| Filing 5 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Everest National 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. (REK) |
| Filing 4 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 Sedgwick Claims Services Incorporated. (REK) |
| Filing 3 Filing fee paid, receipt number AAZDC-22792781. This case has been assigned to the Honorable James F Metcalf. All future pleadings or documents should bear the correct case number: CV-24-00412-PHX-JFM. 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. (Attachments: #1 Magistrate Consent Form)(REK) |
| Filing 2 Corporate Disclosure Statement by Everest National Insurance Company. (submitted by Kathryn Hunnicutt) (REK) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2024-050145. Filing fee received: $405.00, receipt number AAZDC-22792781 filed by Everest National Insurance Company. (submitted by Kathryn Hunnicutt) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet, #6 Supplemental Civil Cover Sheet)(REK) |
| ***State Court record received on 2/27/2024***SERVICE EXECUTED filed by Mitchell Gaar: Certificate of Service re: Summons, Complaint, and Certificate of Arbitration upon Everest National Insurance Company on 1/23/2024.***Certificate of Service docketed in U.S. District Court on 2/27/2024 for case management purposes.*** (REK) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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