Banafsheha Trust 2014 et al v. Amtrust North America, Inc. et al
| Banafsheha Trust 2014 and Dabkoski Family |
| Amtrust North America, Inc. and Corby Schmautz |
| 1:2023cv01497 |
| October 20, 2023 |
| US District Court for the Eastern District of California |
| No District Court Judge |
| Erica P Grosjean |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 20 OPPOSITION by Banafsheha Trust 2014 to #14 Motion to Dismiss,. (Shaver, Cody) |
Filing 19
MINUTE ORDER (Text Only Entry) signed by Magistrate Judge Erica P. Grosjean on 12/04/2023: Defendant noticed a hearing on Defendant's motion to dismiss for January 22, 2024, at 1:30 p.m. (ECF No. #14 ). However, the motion will be addressed by the assigned District Judge on the papers, with no hearing being held. Accordingly, IT IS ORDERED that the hearing noticed for January 22, 2024, is vacated. Moreover, in light of the current District Judge vacancy, the parties are advised that they may consent to Magistrate Judge jurisdiction for the case or for this motion only. (Yang, Pa Gnia)
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Filing 18
ORDER by Chief Judge Kimberly J. Mueller: Due to the elevation of U.S. District Judge Ana I. de Alba to the Ninth Circuit Court of Appeals, the court finds it necessary to temporarily reassign this case to No District Court Judge (NODJ) until a new district judge is appointed. (Nguyen, J)
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| Filing 17 STATEMENT of Notice of Failure to File Reply Brief on Motion to Remand by Defendants Amtrust North America, Inc., Corby Schmautz re #8 Motion to Remand,. (Downs, Andrew) |
| Filing 16 NOTICE of Joinder in Opposition to Motion to Remand by Corby Schmautz re #12 Opposition to Motion,. (Downs, Andrew) |
| Filing 15 NOTICE of Joinder in Notice of Removal by Corby Schmautz re #1 Notice of Removal,. (Downs, Andrew) |
| Filing 14 MOTION to DISMISS by Corby Schmautz. Attorney Downs, Andrew B. added. Motion Hearing set for 1/22/2024 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Downs, Andrew) |
| Filing 13 ANSWER with Jury Demand by Amtrust North America, Inc..(Downs, Andrew) |
| Filing 12 OPPOSITION by Amtrust North America, Inc. to #8 Motion to Remand,. (Attachments: #1 Declaration of Corby Schmautz, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Declaration of Andrew B. Downs, #8 Exhibit 6, #9 Proposed Order)(Downs, Andrew) |
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Filing 11
MINUTE ORDER signed by District Judge Ana de Alba on 11/2/2023: (Text Only Entry) *The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed #8 motion to remand will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The Court orders the parties to reconsider Magistrate Judge consent for all purposes or for the limited purpose of deciding this motion as this may alleviate some of the delays caused by the resource emergency. Unfortunately, despite all diligent efforts to address the backlog of more than 130 motions in Judge de Alba's recently re-assigned caseload, it may still be months before the parties' pending motion is resolved. The Court understands the impact that such a backlog has on the parties and is working to resolve all pending motions expeditiously.(Hernandez, M)
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Filing 10
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on 11/2/2023: As Plaintiffs have filed a motion to remand this action to state court (ECF No. #8 ), the Court vacates the scheduling conference set for January 16, 2024, before Magistrate Judge Erica P. Grosjean. (ECF No. #3 ). Within ten days after the issuance of the ruling on the motion to remand, should the matter go forward, the parties are directed to contact Courtroom Deputy Michelle Rooney (mrooney@caed.uscourts.gov) to secure a new scheduling conference date. (Text Only Entry)(Rooney, M)
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| Filing 9 PROPOSED ORDER re Motion to Remand re #8 MOTION to REMAND by Banafsheha Trust 2014. (Shaver, Cody) |
| Filing 8 MOTION to REMAND by Banafsheha Trust 2014. Attorney Shaver, Cody J added. Motion Hearing set for 12/4/2023 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Declaration Shaver declaration)(Shaver, Cody) |
| Filing 7 ANSWER with Jury Demand by Amtrust North America, Inc..(Downs, Andrew) |
| Filing 6 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Ana de Alba and Magistrate Judge Erica P. Grosjean. The new case number is: 1:23-cv-01497-ADA-EPG. (Rivera, O) |
| Filing 5 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Downs, Andrew) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Defendant Amtrust North America, Inc.. (Downs, Andrew) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 1/16/2024 at 11:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: #1 Appendix A(m), #2 Order re Consent, #3 VDRP) (Sant Agata, S) |
| Filing 2 CIVIL COVER SHEET filed by Amtrust North America, Inc. (Downs, Andrew) |
| Filing 1 NOTICE of REMOVAL from Merced County Superior Court, case number 23CV-02360 by All Plaintiffs. (Filing fee $ 402, receipt number ACAEDC-11142635) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Downs, Andrew) |
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