Huynh, et al v. Allstate Northbrook Indemnity Company
| Trucmai Huynh and Trucphuong Huynh |
| Allstate Northbrook Indemnity Company |
| 1:2024cv00157 |
| February 2, 2024 |
| US District Court for the Eastern District of California |
| Erica P Grosjean |
| Kirk E Sherriff |
| Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on April 17, 2024. A more recent docket listing may be available from PACER.
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| Filing 17 REPLY by Allstate Northbrook Indemnity Company to RESPONSE to #13 Motion to Compel,. (Attachments: #1 Declaration (Daniel Garcia))(Warren, Andrea) |
| Filing 16 OPPOSITION by Trucmai Huynh, Trucphuong Huynh to #13 Motion to Compel,. (Attachments: #1 Declaration of David G. Edwards, #2 Declaration of Trucmai Huynh, #3 Declaration of James H. Wilkins)(Wilkins, James) |
Filing 15
ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of District Judge Kirk E. Sherriff to the bench of the Eastern District of California, this action is reassigned from No District Court Judge (NODJ) to District Judge Kirk E. Sherriff for all further proceedings. All dates currently set in this reassigned action shall remain pending subject to further order of the court. (Attachments: #1 Standing Order) (Rivera, O)
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Filing 14
MINUTE ORDER ISSUED BY CHIEF JUDGE KIMBERLY J. MUELLER: on 3/07/2024: (Text Only Entry) The parties are advised that as provided by Local Rule 230(g), the recently filed #13 motion to compel will be decided on the papers unless or until further order of the Court. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The Court encourages the parties to consider 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 judicial resource emergency currently facing the Fresno courthouse. SO ORDERED. (Gonzales, V)
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| Filing 13 MOTION to COMPEL Arbitration and Dismiss the Action, or in the Alternative, to Stay this Action Pending Completion of UM Arbitration by Allstate Northbrook Indemnity Company. Motion Hearing set for 4/10/2024 at 09:00 AM in Courtroom 5 before No District Court Judge. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration (Andrea Warren), #3 Declaration (Daniel Garcia), #4 Declaration (Scott Vida), #5 Proposed Order)(Warren, Andrea) |
| Filing 12 DEMAND for TRIAL by JURY by Allstate Northbrook Indemnity Company. (Warren, Andrea) |
| Filing 11 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. (Warren, Andrea) |
| Filing 10 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to No District Court Judge and Magistrate Judge Erica P. Grosjean. The new case number is: 1:24-cv-00157-NODJ-EPG. (Maldonado, C) |
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Filing 9
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on February 8, 2024: On February 7, 2024, Plaintiffs filed a motion for summary adjudication, noticing the motion for a hearing before the undersigned for March 15, 2024. (ECF No. #6 ). However, as the parties have not yet consented to United States Magistrate Judge jurisdiction, the motion will be addressed by the to-be-assigned District Judge on the papers. The Clerk of Court is respectfully directed to assign a District Judge to this case. As the motion will be referred to the District Judge, the March 15, 2024, hearing on the motion is vacated. The District Judge will set a hearing on the motion at a later date if desired. The parties are reminded that they may voluntarily consent to United States Magistrate Judge jurisdiction, for purposes of this motion or for the entire case, but "they are free to withhold consent without adverse substantive consequences." Fed. R. Civ. P. 73(b)(2). (Text Only Entry) (Rooney, M)
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| Filing 8 CERTIFICATE / PROOF of SERVICE by Allstate Northbrook Indemnity Company re #4 Civil New Case Documents for Magistrate as Presider. (Warren, Andrea) |
| Filing 7 DEMAND for TRIAL by JURY by Trucmai Huynh, Trucphuong Huynh. (Wilkins, James) |
| Filing 6 MOTION FOR SUMMARY JUDGMENT by Trucmai Huynh, Trucphuong Huynh. Motion Hearing set for 3/15/2024 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: #1 Points and Authorities in Support of Plaintiffs' Motion for Summary Adjudication of Allstate's Affirmative Defenses Based on its Assertion of the Arbitration Provision, #2 Statement of Undisputed Material Facts in Support of Plaintiffs' Motion for Summary Adjudication of Allstate's Affirmative Defenses Based on its Assertion of the Arbitration Provision, #3 Declaration of Trucmai Huynh in Support of Plaintiffs' Motion for Summary Adjudication of Allstate's Affirmative Defenses Based on its Assertion of the Arbitration Provision, #4 Declaration of David Edwards in Support of Plaintiffs' Motion for Summary Adjudication of Allstate's Affirmative Defenses Based on its Assertion of the Arbitration Provision, #5 Exhibit Index of Exhibits in Support of Plaintiffs' Motion for Summary Adjudication of Allstate's Affirmative Defenses Based on its Assertion of the Arbitration Provision)(Wilkins, James) |
| 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. (Wilkins, James) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 4/30/2024 at 11:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: #1 Appendix A(m), #2 Consent Form, #3 VDRP) (Maldonado, C) |
| Filing 3 NOTICE OF INTERESTED PARTIES by Allstate Northbrook Indemnity Company. (Warren, Andrea) |
| Filing 2 CIVIL COVER SHEET filed by Allstate Northbrook Indemnity Company (Warren, Andrea) |
| Filing 1 NOTICE of REMOVAL from Fresno County Superior Court, case number 24CECG00012 by Trucmai Huynh, Trucphuong Huynh. (Filing fee $ 405, receipt number ACAEDC-11326201) (Attachments: #1 Declaration Andrea S. Warren, #2 Proof of Service By Mail)(Warren, Andrea) |
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