Moore et al v. Travelers Property Casualty Company of America et al
| Kevin J Moore and GKJ Properties AZ LLC |
| Travelers Property Casualty Company of America, Automobile Insurance Company of Hartford Connecticut, Uknown Parties and Unknown Parties |
| 3:2023cv08561 |
| September 25, 2023 |
| US District Court for the District of Arizona |
| Steven P Logan |
| James F Metcalf |
| Contract: Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Declaratory Judgement |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 36 ANSWER to #35 Second Amended Complaint by Automobile Insurance Company of Hartford Connecticut. (Carroll, Sean) Modified to remove terminated party on 11/7/2023 (WLP). |
| Filing 35 SECOND AMENDED COMPLAINT against All Defendants filed by Kevin J Moore, GKJ Properties AZ LLC.(Wieder, Adam) Modified text on 10/30/2023 (WLP). |
Filing 34
ORDER granting #29 Stipulation : IT IS ORDERED that Plaintiff shall file an Amended Complaint with the Clerk of Court no later than October 27, 2023. IT IS FURTHER ORDERED that Defendants shall have until November 6, 2023, to file an answer or otherwise respond in accordance with Rule 12 of the Federal Rules of Civil Procedure. Signed by Judge Steven P Logan on 10/5/23. (MJW)
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Filing 33
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Steven P Logan on 10/5/23. (MJW)
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| Filing 32 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-23-8561-PCT-SPL. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 31 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 29 STIPULATION re: #24 Order,, Set Deadlines, Stipulation RE Amended Complaint and Defendant's Response Deadline by Automobile Insurance Company of Hartford Connecticut, Travelers Property Casualty Company of America. (Attachments: #1 Proposed Order Order)(Carroll, Sean) |
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Filing 28
ORDER granting #25 Motion to Substitute Attorney. Counsel Sean M. Carroll, Jarin Giesler, and the law firm of Clark Hill PLC are substituted in place of Kathleen M. Delaney and Usery & Associates as counsel for Defendant Automobile Insurance Company of Hartford, Connecticut. Signed by Magistrate Judge James F Metcalf on 10/3/2023. (WLP)
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| Filing 27 Additional Attachments to Main Document re: #25 MOTION to Substitute Attorney with Client Consent Proposed Order by Defendants Automobile Insurance Company of Hartford Connecticut, Travelers Property Casualty Company of America. (Carroll, Sean) |
| Filing 26 *Additional Attachments to Main Document re: #25 MOTION to Substitute Attorney with Client Consent Proposed Order by Defendants Automobile Insurance Company of Hartford Connecticut, Travelers Property Casualty Company of America. (Carroll, Sean) *Modified docket text on 10/3/2023 to indicate this document is a duplicate of Doc. #25 . The correct document has been refiled at Doc. #27 (NKS). |
| Filing 25 MOTION to Substitute Attorney with Client Consent by Automobile Insurance Company of Hartford Connecticut, Travelers Property Casualty Company of America. (Carroll, Sean) Modified text on 10/2/2023 (WLP). |
| Remark: Pro hac vice motion(s) granted for David R Scheidemantle, Adam David Wieder on behalf of Plaintiffs GKJ Properties AZ LLC, Kevin J Moore. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 24
ORDER - Defendant Automobile Insurance Company of Hartford Connecticut has through October 5, 2023 to answer the First Amended Complaint (Doc. #13 ). See document for complete details. Signed by Magistrate Judge James F Metcalf on 9/27/2023. (WLP)
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| Filing 23 NOTICE Re Transfer of 2:23-cv-00343-DMG (SK) from the Central District of California to the District of Arizona. New Case Number: CV-23-8561-PCT JFM. (Attachments: #1 Instructions, #2 Consent Form)(MAP) |
| Filing 22 CASE TRANSFERRED IN from District of California Central; Case Number 2:23-cv-00343 . Original file certified copy of transfer order and docket sheet received |
| Magistrate Election Form Deadline. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
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Filing 21
MINUTES OF IN CHAMBERS - ORDER RE DEFENDANTS' MOTIONS TO DISMISS OR, IN THE ALTERNATIVE, TRANSFER VENUE TO THE DISTRICT OF ARIZONA by Judge Dolly M. Gee: The Court GRANTS Defendant Travelers Property Casualty Company of America's ("TPCCA") Rule 12(b)(6) motion for failure to state a claim #15 , without leave to amend and without prejudice. Defendant The Automobile Insurance Company of Hartford Connecticut's ("AIC") Rule 12(b)(2) motion for lack of personal jurisdiction #14 is GRANTED. The Court also GRANTS AIC's motion to transfer this action to the United States District Court for the District of Arizona #14 . AIC's Rule 12(b)(3) motion to dismiss for improper venue #14 is DENIED as moot. (MD JS-6. Case Terminated) Court Reporter: Not Reported. (gk) [Transferred from cacd on 9/25/2023.]
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Filing 20
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendant the Automobile Insurance Company of Hartford, Connecticut's Motion (1) to Dismiss for Lack of Personal Jurisdiction (Rule 12(b)(2)), Or, in the Alternative, (2) to Dimiss for Improper Venue (Rule 12(b)(3)), or Alternatively, to Transfer Venue (28 U. S.C. 1404) #14 and Defendant Travelers Property Casualty Company of America's Motion (1) to Dismiss for Failure to State a Claim (Rule 12(b)(6)), or, in the Alternative, (2) to Dismiss for Improper Venue (Rule 12(b)(3)), or Alternatively, to Transfer Venue (28 U. S.C. 1404) #15 presently scheduled for hearing on March 24, 2023, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motions are taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY [Transferred from cacd on 9/25/2023.]
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| Filing 19 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #15 filed by Defendant Travelers Property Casualty Company of America. (DeLaney, Kathleen) [Transferred from cacd on 9/25/2023.] |
| Filing 18 REPLY IN SUPPORT NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #14 filed by Defendant The Automobile Insurance Company of Hartford, Connecticut. (DeLaney, Kathleen) [Transferred from cacd on 9/25/2023.] |
| Filing 17 OPPOSITION in opposition re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #15 filed by Plaintiffs GKJ Properties AZ, LLC, Kevin J. Moore. (Attachments: #1 Declaration of Kevin J. Moore, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Declaration of David R. Scheidemantle, #8 Exhibit A)(Scheidemantle, David) [Transferred from cacd on 9/25/2023.] |
| Filing 16 OPPOSITION in opposition re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #14 filed by Plaintiffs GKJ Properties AZ, LLC, Kevin J. Moore. (Attachments: #1 Declaration of Kevin J. Moore, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Scheidemantle, David) [Transferred from cacd on 9/25/2023.] |
| Filing 15 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Travelers Property Casualty Company of America. Motion set for hearing on 3/24/2023 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (DeLaney, Kathleen) [Transferred from cacd on 9/25/2023.] |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant The Automobile Insurance Company of Hartford, Connecticut. Motion set for hearing on 3/24/2023 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration Declaration of Mulcahy, #2 Declaration Declaration of Schutte, #3 Declaration Declaration of DeLaney, #4 Proposed Order Proposed Order) (DeLaney, Kathleen) [Transferred from cacd on 9/25/2023.] |
| Filing 13 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery),, filed by Plaintiffs Kevin J. Moore, GKJ Properties AZ, LLC(Scheidemantle, David) [Transferred from cacd on 9/25/2023.] |
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Filing 12
ORDER REGARDING OPERATIVE COMPLAINT by Judge Dolly M. Gee: Upon Stipulation #10 , the Court orders as follows: (1) The First Amended Complaint attached to the Stipulation as Exhibit A shall be the operative complaint in this matter; (2) Within three court days of this Order, the First Amended Complaint attached to the Stipulation as Exhibit A shall be filed as a separate document on the docket; (3) The First Amended Complaint attached to the Stipulation as Exhibit A shall be deemed filed and served on Defendants upon it being filed as a separate document on the docket; and (4) Defendants shall file their response to the First Amended Complaint by 2/23/2023. (gk) [Transferred from cacd on 9/25/2023.]
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| Filing 11 Joint STIPULATION Extending Time to Answer the complaint as to The Automobile Insurance Company of Hartford, Connecticut answer now due 2/23/2023; Travelers Property Casualty Company of America answer now due 2/23/2023, filed by Defendants The Automobile Insurance Company of Hartford, Connecticut; Travelers Property Casualty Company of America.(DeLaney, Kathleen) [Transferred from cacd on 9/25/2023.] |
| Filing 10 Joint STIPULATION for Order Re: Operative Complaint filed by Defendants The Automobile Insurance Company of Hartford, Connecticut, Travelers Property Casualty Company of America. (Attachments: #1 Proposed Order Proposed Order)(DeLaney, Kathleen) [Transferred from cacd on 9/25/2023.] |
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Filing 9
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti) [Transferred from cacd on 9/25/2023.]
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| Filing 8 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Corporate Disclosure Statement, #3 , Corporate Disclosure Statement, #4 . The following error(s) was found: Other error(s) with document(s): Incorrect event selected. Correct event to be used is Certificate/Notice of Interested Parties. You need not take any action in response to this notice unless and until the Court directs you to do so.. (ghap) [Transferred from cacd on 9/25/2023.] |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) [Transferred from cacd on 9/25/2023.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) [Transferred from cacd on 9/25/2023.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Steve Kim. (ghap) [Transferred from cacd on 9/25/2023.] |
| NON CONFORM COPY OF FIRST AMENDED COMPLAINT against Defendants Does, The Automobile Insurance Company of Hartford, Connecticut, Travelers Property Casualty Company of America amending Complaint - (Discovery),, filed by plaintiffs Kevin J. Moore, GKJ Properties AZ, LLC. (SUBMITTED ATTACHED EXHIBIT C)(ghap) [Transferred from cacd on 9/25/2023.] |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 25, inclusive, The Automobile Insurance Company of Hartford, Connecticut, Travelers Property Casualty Company of America.Jury Demanded., filed by plaintiffs Kevin J. Moore, GKJ Properties AZ, LLC. (FILED IN STATE COURT ON 12/14/2022 SUBMITTED ATTACHED EXHIBIT A) (ghap) [Transferred from cacd on 9/25/2023.] |
| Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Defendant THE AUTOMOBILE INSURANCE COMPANY OF HARTFORD, CONNECTICUT identifying The Automobile Insurance Company of Hartford, Connecticut, The Standard Fire Insurance Company, Travelers Insurance Group Holdings Inc., Travelers Property Casualty Corp., The Travelers Companies, Inc. as Corporate Parent. (DeLaney, Kathleen) [Transferred from cacd on 9/25/2023.] |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendant Travelers Property Casualty Company of America identifying Travelers Property Casualty Company of America, The Phoenix Insurance Company, The Travelers Indemnity Company, Travelers Insurance Group Holdings Inc., Travelers Property Casualty Corp., The Travelers Companies, Inc. as Corporate Parent. (DeLaney, Kathleen) [Transferred from cacd on 9/25/2023.] |
| Filing 2 CIVIL COVER SHEET filed by Defendants THE AUTOMOBILE INSURANCE COMPANY OF HARTFORD, CONNECTICUT, Travelers Property Casualty Company of America. (DeLaney, Kathleen) [Transferred from cacd on 9/25/2023.] |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 22STCV38859 Receipt No: ACACDC-34630651 - Fee: $402, filed by Defendant THE AUTOMOBILE INSURANCE COMPANY OF HARTFORD, CONNECTICUT, Travelers Property Casualty Company of America. (Attachments: #1 Exhibit Ex. A to Notice of Removal, #2 Exhibit Ex. B to Notice of Removal, #3 Exhibit Ex. C to Notice of Removal) (Attorney Kathleen M. DeLaney added to party THE AUTOMOBILE INSURANCE COMPANY OF HARTFORD, CONNECTICUT(pty:dft), Attorney Kathleen M. DeLaney added to party Travelers Property Casualty Company of America(pty:dft))(DeLaney, Kathleen) [Transferred from cacd on 9/25/2023.] |
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