Roman, Jr. et al v. Travelers Home and Marine Insurance Company et al
| Jose Roman, Jr. and Stacy Roman |
| Alan D Schnitzer, Travelers Home and Marine Insurance Company and Brian W MacLean |
| 3:2017cv08151 |
| July 27, 2017 |
| US District Court for the District of Arizona |
| Prescott Division Office |
| Navajo |
| James A Teilborg |
| Contract: Insurance |
| 28 U.S.C. § 1446 Breach of Contract- Insurance |
| None |
Docket Report
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This docket was last retrieved on December 13, 2017. A more recent docket listing may be available from PACER.
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Filing 56
ORDER pursuant to #55 Stipulation of Dismissal, this matter is dismissed with prejudice, each party to bear their own costs and attorneys' fees. Signed by Senior Judge James A Teilborg on 12/13/17. (EJA)
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| Filing 55 STIPULATION of Dismissal of Plaintiffs' Complaint with Prejudice by Travelers Home and Marine Insurance Company. (Attachments: #1 Text of Proposed Order)(Stein, Amy) |
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Filing 54
ORDER vacating the settlement conference currently set December 19, 2017. FURTHER ORDERED denying Plaintiff Jose Roman's Motion for an Order re: Telephonic Appearance at the Settlement Conference (Doc. #51 ), as moot. Signed by Magistrate Judge David K Duncan on 12/8/17. (EJA)
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| Filing 53 NOTICE of Settlement by Travelers Home and Marine Insurance Company. (Stein, Amy) |
| Filing 52 NOTICE OF PARTY'S CHANGE OF ADDRESS by Travelers Home and Marine Insurance Company: Two North Central Avenue, 18th Floor, Phoenix AZ 85004. (Stein, Amy) |
| Filing 51 MOTION for an Order re: Telephonic Appearance at the Settlement Conference scheduled for 12/19/2017 at 1:30 PM. by Jose Roman, Jr. (ATD) (4 pages; titled as "Proposed Order for Appearing Telephonically") |
| Filing 50 NOTICE of Service re: Plaintiff's Demand Document Pursuant to CRCVP Rule 16 and 28 U.S.C. 473(b)(5) Section 3 by Jose Roman, Jr. (ATD) (3 pages) |
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Filing 49
SCHEDULING ORDER: Discovery due by 9/14/2018. Dispositive motions due by 11/16/2018 [see attached Order for details]. Signed by Senior Judge James A Teilborg on 11/8/17. (MAW)
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| Filing 48 MINUTE ENTRY for proceedings held before Senior Judge James A Teilborg: Scheduling Conference held on 11/8/2017. Deadlines discussed and entered. Scheduling Order to follow. APPEARANCES: Plaintiffs Jose Roman, Jr. [telephonically] and Stacy Roman appearing pro se. Amy Stein for Defendant. (Court Reporter Elva Cruz-Lauer) Hearing held 1:31 PM to 2:02 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
| Filing 47 NOTICE of Service of Discovery filed by Travelers Home and Marine Insurance Company. (Stein, Amy) |
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Filing 46
SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 12/19/2017 at 01:30 PM in Courtroom 305, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge David K Duncan. ORDERED that Plaintiff Stacy Roman will be required to attend the settlement conference. Plaintiff Jose Roman may appear at the settlement conference telephonically by calling into the Court at 602-322-7630 at the time of the conference; but Mr. Roman will be responsible for making his own arrangements to make such call. See document for complete details. Signed by Magistrate Judge David K Duncan on 11/1/17. (EJA)
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| Filing 45 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) Revised filed by Defendant Travelers Home and Marine Insurance Company. (Stein, Amy) |
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Filing 44
ORDER: This matter has been reassigned by random lot to Magistrate Judge David K. Duncan for the purpose of conducting a settlement conference only. The parties are instructed to contact Magistrate Judge Duncan's chambers at 602-322-7630 within ten (10) days of the date of this order to schedule a settlement conference. Signed by Magistrate Judge Bridget S Bade on 10/26/17. (EJA)
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Filing 43
ORDER: Pursuant to the Parties' Joint Motion for Order Referring Action to a Magistrate Judge for Settlement Conference (Doc. #40 ), IT IS ORDERED referring the above action to Magistrate Judge Bridget S. Bade (selected by random draw) for a settlement conference. IT IS FURTHER ORDERED that Defense counsel and Plaintiff Stacy Roman shall jointly contact Judge Bade's chambers within one week to schedule a time for the settlement conference [see attached Order for details]. Signed by Senior Judge James A Teilborg on 10/24/17. (MAW)
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Filing 42
ORDER: Pursuant to the Stipulation of the parties (Doc. #39 ), IT IS ORDERED dismissing Defendants Alan D. Schnitzer and Brian W. MacLean only with prejudice, each party to bear their own costs and attorneys' fees. IT IS FURTHER ORDERED that Alan D. Schnitzer and Brian W. MacLean's motion to dismiss (Doc. #35 ) is denied as moot. Signed by Senior Judge James A Teilborg on 10/24/17. (MAW)
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| Filing 41 NOTICE re: Service by Jose Roman, Jr (33 pages). (DXD) |
| Filing 40 STIPULATION Joint Motion for Order Referring Action to Magistrate Judge for Settlement Conference by Travelers Home and Marine Insurance Company. (Attachments: #1 Text of Proposed Order)(Stein, Amy) |
| Filing 39 *STIPULATION of Dismissal Defendants Alan D. Schnitzer and Brian W. MacLean Only by Alan D Schnitzer, Brian W MacLean. (Attachments: #1 Text of Proposed Order)(Stein, Amy) *Modified to remove/add filers on 10/23/2017 (EJA). |
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Filing 38
ORDER: IT IS ORDERED that Plaintiffs' motion to amend the complaint (Doc. #37 ) is denied, without prejudice, for failing to comply with Local Rule Civil 15.1 (requiring Plaintiffs to attach the proposed amended complaint with the changes marked as required in the Rule). Ordered by Senior Judge James A Teilborg on 10/20/17. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 37 MOTION to Amend/Correct #1 Notice of Removal/Complaint by Jose Roman, Jr (17 pages). (DXD) |
| Filing 36 RESPONSE to Motion re: #28 MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction filed by Jose Roman, Jr, Stacy Roman (11 pages). (DXD) *Modified linkage on 10/11/2017 (DXD). |
| Filing 35 *MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Brian W MacLean, Alan D Schnitzer. (Stein, Amy). *Modified to correct event/add motion/remove filer on 10/10/2017 (DXD). |
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Filing 34
ORDER: IT IS ORDERED that the motion for default (Doc. #32 ) is denied; IT IS FURTHER ORDERED that the motion to dismiss for lack of service (Doc. #28 ) is denied; the motion to dismiss for lack of personal jurisdiction (Doc. #28 ) is denied without prejudice to refiling within 7 days [see attached Order for details]. Signed by Senior Judge James A Teilborg on 10/4/17.(MAW)
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| Filing 33 ANSWER to Complaint with Jury Demand by Brian W MacLean, Alan D Schnitzer.(Stein, Amy) |
| Filing 32 *MOTION for Default Judgment by Plaintiff Jose Roman, Jr against Alan D Schnitzer and Brian W MacLean. (SLQ) (26 pages). *Modified to change event on 10/4/2017 (SLQ). |
| Filing 31 NOTICE OF PARTY'S CHANGE OF ADDRESS by Jose Roman, Jr for Stacy Roman: 17119 W. Saguaro Lane, Surprise, AZ 85388. (SLQ) (3 pages). |
| Filing 30 SERVICE EXECUTED filed by Jose Roman, Jr: Certified Mail Receipt upon Brian MacLean. Date of service (possibly 8/9/17) and documents served not specified. (SLQ) |
| Filing 29 SERVICE EXECUTED filed by Jose Roman, Jr: Certified Mail Receipt upon Alan D. Schnitzer on 8/9/17 (documents served not specified). (SLQ) |
| Filing 28 MOTION to Dismiss Party Alan D. Schnitzer and Brian W. MacLean by Travelers Home and Marine Insurance Company. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Stein, Amy) |
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Filing 27
ORDER: IT IS ORDERED that the motion for default judgment (Doc. #25 ) is denied. IT IS FURTHER ORDERED continuing the Rule 16 scheduling conference from September 27, 2017 to November 8, 2017 at 1:30 p.m. Plaintiff Jose Roman is still permitted to appear telephonically. All other counsel or pro se parties must appear in person [see attached Order for details]. Signed by Senior Judge James A Teilborg on 9/18/17.(MAW)
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| Filing 26 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Defendant Travelers Home and Marine Insurance Company. (Stein, Amy) |
| Filing 25 MOTION for Default Judgment as to Alan D. Schnitzer and Brian MacLean by Jose Roman, Jr. (13 pages) (KAS) |
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Filing 24
ORDER: IT IS ORDERED denying Plaintiffs' Motion to Dispute, Oppose and Dismiss Defendant's Petition for Removal of Action from State Court (Arizona), (Doc. #7 ). IT IS FURTHER ORDERED denying Plaintiffs' Motion for Entering a Default Judgment, (Doc. #15 ). IT IS FURTHER ORDERED denying Plaintiffs' Motion for Court Order to Secure Appearance of a Pro Per Prisoner to Attend Court Ordered Scheduling Conference, (Doc. #14 ) IT IS FURTHER ORDERED granting Plaintiffs' Motion for Leave to Appear Telephonically (Doc. #23 ) at the Rule 16 conference, but Plaintiff will be responsible for arranging the call himself as specified above. Plaintiff shall give a copy of this Order permitting his telephonic appearance to the appropriate staff at the prison to allow his access to the Court. IT IS FINALLY ORDERED that Plaintiff's request to file an independent case management plan (Doc. #22 ) is denied; the parties may exchange and approve a joint case management plan by mail [see attached Order for details]. Signed by Senior Judge James A Teilborg on 9/11/17.(MAW)
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| Filing 23 MOTION for Leave to Appear Telephonically by Jose Roman, Jr.(4 pages) (KAS) |
| Filing 22 MOTION for Leave to File Independent Filing of Case Management Plan by Jose Roman, Jr. (14 pages)(KAS) |
| Filing 21 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Travelers Home and Marine Insurance Company. (Stein, Amy) |
| Filing 18 RESPONSE to Motion re: #15 MOTION for Default Judgment as to Travelers Home and Marine Insurance Company filed by Travelers Home and Marine Insurance Company. (Stein, Amy) |
| Filing 20 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff Jose Roman, Jr. (57 pages) (KAS) |
| Filing 19 REPLY to Response to Motion re: #15 MOTION for Default Judgment as to Travelers Home and Marine Insurance Company filed by Jose Roman, Jr. (13 pages) (KAS) |
| Filing 17 SUPPLEMENT and Affidavit re: #15 MOTION for Default Judgment as to Travelers Home and Marine Insurance Company by Plaintiff Jose Roman, Jr. (8 pages) (KAS) |
| Filing 16 RESPONSE to Motion re: #15 MOTION for Default Judgment as to Travelers Home and Marine Insurance Company filed by Travelers Home and Marine Insurance Company. (Attachments: #1 Affidavit)(Stein, Amy) |
| Filing 15 MOTION for Default Judgment as to Travelers Home and Marine Insurance Company by Jose Roman, Jr, Stacy Roman. (6 pages) (EJA) |
| Filing 14 MOTION for Court Order to Secure Appearance of a Pro Per Prisoner to Attend Court Order Scheduling Conference by Jose Roman, Jr. (7 pages) (EJA) |
| Filing 13 * RESPONSE to #7 MOTION to Remand to State Court filed by Travelers Home and Marine Insurance Company. (Stein, Amy) * Modified to correct event on 8/23/2017 (LAD). |
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Filing 12
ORDER: IT IS ORDERED that pursuant to Rule 16 of the Federal Rules of Civil Procedure a Scheduling Conference is set for Wednesday, September 27, 2017, at 3:00 p.m., Fifth Floor, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2151. IT IS FURTHER ORDERED that Counsel for all parties are directed to Rule 16 of the Federal Rules of Civil Procedure and Gen. Ord. No. 17-08 (D. Ariz. Apr. 14, 2017) for the objectives of the conference [see attached Order for details]. Signed by Senior Judge James A Teilborg on 8/10/17. (MAW)
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| Filing 11 DEFENDANT'S DEMAND for Jury Trial by Travelers Home and Marine Insurance Company. (Stein, Amy) |
| Filing 10 DEFENDANT ANSWER to Complaint by Travelers Home and Marine Insurance Company.(Stein, Amy) |
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Filing 9
ORDER: IT IS ORDERED that the motion for extension of time to answer (Doc. #8 ) is denied [see attached Order for details]. Signed by Senior Judge James A Teilborg on 8/9/17.(MAW)
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| Filing 8 MOTION for Extension of Time to File Answer by Travelers Home and Marine Insurance Company. (Attachments: #1 Text of Proposed Order)(Stein, Amy) |
| Filing 6 NOTICE of Errata re: #1 Notice of Removal by Defendant Travelers Home and Marine Insurance Company.. (Stein, Amy) |
| Filing 7 *MOTION to Remand by Stacy Roman, Jose Roman, Jr. Styled as Motion to Dispute, Oppose and Dismiss. (EJA). *Modified to correct event type on 8/9/2017 (EJA). |
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Filing 5
STANDARD CIVIL TRACK INITIAL ORDER: IT IS ORDERED that that the parties must comply with Gen. Ord. No. 17-08 (D. Ariz. Apr. 14, 2017) regarding the mandatory initial discovery responses [see attached Order for details]. Signed by Senior Judge James A Teilborg on 7/27/17. (MAW)
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| Filing 4 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. (SLQ) |
| Filing 3 Filing fee paid, receipt number 0970-14480088. This case has been assigned to the Honorable James A Teilborg. All future pleadings or documents should bear the correct case number: CV-17-08151-PCT-JAT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SLQ) |
| Filing 2 Corporate Disclosure Statement by Travelers Home and Marine Insurance Company identifying Other Affiliate Travelers Property Casualty Corporation, Other Affiliate Travelers Companies Incorporated, Other Affiliate Travelers Insurance Group Holdings Incorporated, Other Affiliate Travelers Indemnity Company for Travelers Home and Marine Insurance Company. (SLQ) |
| Filing 1 NOTICE OF REMOVAL from Navajo County Superior Court, case number CV2017-00334. Filing fee received: $ 400.00, receipt number 0970-14480088 filed by Travelers Home and Marine Insurance Company (submitted by Amy Stein). (Attachments: #1 State Court Record 1, #2 State Court Record 2, #3 State Court Record 3, #4 State Court Record 4, #5 Civil Cover Sheet, #6 Supplemental Civil Cover Sheet)(SLQ) |
| *****State Court record received on 7/27/17*****SERVICE EXECUTED filed by Stacy Roman, Jose Roman, Jr.: Notice of Service of Process re: summons, complaint upon Travelers Home and Marine Insurance Company on 7/12/17 (via certified mail). No state court file date provided.*****Notice of Service of Process docketed in U.S. District Court on 7/27/17 for case management purposes.***** (SLQ) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
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