Winding v. Allstate
Plaintiff: Jacob Winding
Defendant: Allstate
Case Number: 2:2009cv03526
Filed: December 21, 2009
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: San Joaquin
Presiding Judge: Kendall J. Newman
Presiding Judge: Frank C. Damrell
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Breach of Contract
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 27, 2015 Opinion or Order Filing 209 DEFAULT JUDGMENT against Jacob Winding signed by Judge Kimberly J. Mueller on 3/27/2015. (Michel, G.)
February 27, 2015 Opinion or Order Filing 204 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/27/15 RECOMMENDING that Allstate's 194 Motion for Default Judgment be granted and that judgment in the amount of $15,704.85 be entered in Allstate's favor. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Manzer, C)
February 9, 2015 Opinion or Order Filing 203 ORDER signed by Judge Kimberly J. Mueller on 2/6/2015 ORDERING that the 197 Motion for Reconsideration and 198 Motion to Stay are DENIED. (Zignago, K.)
December 17, 2014 Opinion or Order Filing 192 ORDER signed by Judge Kimberly J. Mueller on 12/16/2014 DISMISSING CASE; INSTRUCTING the Clerk of Court to enter default against Plaintiff Jacob Winding on 42 Counterclaim; DIRECTING the defendant to apply to the assigned magistrate judge for a default judgment under F.R.Cv.P. Rule 55(b)(2) and Local Rule 302(c)(19) within thirty days. (Michel, G)
November 14, 2014 Opinion or Order Filing 189 ORDER to SHOW CAUSE signed by Judge Kimberly J. Mueller on 11/14/2014 VACATING the 12/8/2014 trial and ORDERING Mr. Winding to SHOW CAUSE why the facts and authorities set forth do not warrant dismissal of his claims for lack of prosecution and entry of default as to Allstate's counterclaim. Response due within 14 days. (Donati, J)
September 6, 2012 Opinion or Order Filing 151 ORDER signed by Magistrate Judge Kendall J. Newman on 9/5/12 DENYING 147 Reply without prejudice to re-filing a procedurally proper motion before the District Judge. (Manzer, C)
August 3, 2012 Opinion or Order Filing 143 ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 8/3/2012 ORDERING that on or before 8/7/2012, at 5:00 p.m., Allstate shall show cause in writing why its motion to compel a property inspection is properly before the court. Specifically, Allstate must identify an order of this court that reopened discovery in a manner that permits Allstate to file a motion to compel compliance with a property inspection. (Zignago, K.)
July 18, 2012 Opinion or Order Filing 141 ORDER denying 139 Motion for Reconsideration signed by Judge Kimberly J. Mueller on 7/17/12. (Kaminski, H)
June 8, 2012 Opinion or Order Filing 138 MEMORANDUM and ORDER signed by Judge Kimberly J. Mueller on 6/7/2012 ORDERING that Allstate Insurance Company's 133 motion to reopen discovery is GRANTED. Plaintiff's 136 motion to continue all matters for 90 days is DENIED AS MOOT. (Zignago, K.)
May 2, 2012 Opinion or Order Filing 135 MEMORANDUM and ORDER signed by Judge Kimberly J. Mueller on 5/1/12 DENYING 129 Request for Leave to File an Interlocutory Appeal. (Meuleman, A)
March 8, 2012 Opinion or Order Filing 124 ORDER signed by Judge Kimberly J. Mueller on 3/7/12 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 11/1/11 105 are ADOPTED, with the exception of pages 17, line 15 through 20, line 13, as this court need not reach the issues covered by those pages for the reasons set forth in the Findings and Recommendations themselves. Defendant Allstate Insurance Company's Alternative Motion for Partial Summary Judgement/Summary Adjudication addressed to Plaintiff's claims against it 60 is GRANTED in part and DENIED in part. Specifically, it is ordered that defendant Allstate Insurance Company is granted summary judgment as to Plaintiff's claim for insurance bad faith and the corresponding request for punitive damages, but that the motion for summary judgment is DENIED in all other respects. Defendant Allstate Insurance Company's MOTION FOR SUMMARY JUDGMENT addressed to its counter-claim 59 is DENIED.(Mena-Sanchez, L)
November 1, 2011 Opinion or Order Filing 105 ORDER, FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/31/2011 SUSTAINING in part, OVERRULING in part 82 Written Objections to Evidence; DENYING 92 Request for Judicial Notice, in its entirety; RECOMMENDING that th e 60 Alternative Motion for PartialSummary Judgment/Summary Adjudication be granted in part and denied in part; RECOMMENDING the the 59 Motion for Summary Judgment be denied. Motions referred to Judge Kimberly J. Mueller. Objections to F&R due within 14 days. (Michel, G)
October 20, 2011 Opinion or Order Filing 95 ORDER signed by Magistrate Judge Kendall J. Newman on 10/19/2011 ORDERING that the hearing on Allstate's 59 and 60 Motions for Summary Judgment or Partial Summary Judgment shall remain on the Court's 10/27/2011 calendar. (Zignago, K.)
October 7, 2011 Opinion or Order Filing 94 ORDER signed by Magistrate Judge Kendall J. Newman on 10/7/2011 ORDERING that the hearing on Allstate's 59 Motion for Summary Judgment shall remain on the court's 10/27/2011 calendar; plaintiff shall file a notice of change of address no later than 10/17/2011 which also indicates whether plaintiff intends to appear at the 10/27/2011 hearing. (Waggoner, D)
September 21, 2011 Opinion or Order Filing 89 ORDER signed by Magistrate Judge Kendall J. Newman on 9/20/2011 ORDERING that plaintiff's 84 85 86 87 "amended" documents filed on September 19, 2011 and 88 September 20, 2011 are DISREGARDED and will not be considered by the court.(Duong, D)
September 6, 2011 Opinion or Order Filing 76 ORDER signed by Magistrate Judge Kendall J. Newman on 09/06/11 ORDERING that the hearing on Allstate's 59 , 60 Motions for Summary Judgment are CONTINUED to 10/27/11 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; plf shall file and serve separate written oppositions to Allstate's motions, or statements of non-opposition, by 09/15/11; Allstate may file a written reply to plf's oppositions by 09/28/11. (Benson, A.)
June 13, 2011 Opinion or Order Filing 57 ORDER granting 53 Motion to Withdraw as Attorney signed by Judge Frank C. Damrell, Jr on 6/13/11: Plaintiff Jacob Winding is substituted in propria persona. (Kaminski, H)
May 3, 2011 Opinion or Order Filing 51 ORDER signed by Judge Frank C. Damrell, Jr. on 5/2/2011 ORDERING that Pltf's motion for leave to amend is GRANTED. All discovery shall be completed by 7/15/2011. Expert designations and disclosures shall be made by 9/16/2011. Supplemental expert disclosures shall be made by 10/7/2011. All dispositive motions shall be heard by 1/13/2012. All other dates remain unchanged. (Zignago, K.)
March 3, 2011 Opinion or Order Filing 41 ORDER signed by Judge Frank C. Damrell, Jr on 3/2/11 ORDERING that defendant's motion for leave to amend is GRANTED. Defendant shall file an amended answer within ten (10) days of the issuance of this order. (Becknal, R)
February 15, 2011 Opinion or Order Filing 39 ORDER signed by Judge Frank C. Damrell, Jr. on 2/14/2011 GRANTING 38 Request to Appear Telephonically at the 2/25/2011 hearing on Dft's Motion to Amend Answer and File Counterclaims. (Zignago, K.)
September 24, 2010 Opinion or Order Filing 29 ORDER signed by Magistrate Judge Kendall J. Newman on 9/23/10: Plaintiff's deposition in this matter shall take place at the court, located at 501 "I" Street, Sacramento, California, 95814, on a date and time when the court has available space and that is agreeable to the parties. Plaintiff remains under an obligation to produce at his deposition documents that are responsive to the Amended Notice of Deposition and Request for Documents served by defendant. (Kaminski, H)
September 22, 2010 Opinion or Order Filing 27 ORDER signed by Magistrate Judge Kendall J. Newman on 9/22/2010 ORDERING that Plaintiff's counsel's 25 request to telephonically appear at the hearing ondefendant's motion to appoint a special master, which is set for September 23, 2 010, is GRANTED. Plaintiff's counsel shall immediately contact Courtroom Deputy Casey Shultz, at (916) 930-4193, and provide her with a dedicated, hard telephone line at which the court may contact plaintiff's counsel at the time of the he aring. Plaintiff's counsel shall attend the September 23, 2010 hearing in person if he is no longer scheduled to attend the conflicting mediation in San Francisco, California. In such case, plaintiff's counsel shall immediately notify Ms. Schultz of the same.(Duong, D)
May 13, 2010 Opinion or Order Filing 22 MEMORANDUM and ORDER signed by Judge Frank C. Damrell, Jr on 5/12/10 ORDERING that Defendant's objections to the Pretrial Scheduling Order is SUSTAINED. Trial in this matter will be by the Court.(Mena-Sanchez, L)
February 26, 2010 Opinion or Order Filing 11 ORDER signed by Magistrate Judge Kendall J. Newman on 2/25/10 ORDERING this matter REFERRED back to the US District Judge assigned to this action; all dates before the Magistrate Judge, including the 3/18/10 Status Conference is VACATED; the caption on the documents in this action shall be 2:09-cv-3526 FCD KJN. (Carlos, K)
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Plaintiff: Jacob Winding
Represented By: Vernon C. Goins, II
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Defendant: Allstate
Represented By: Dennis M. Campos
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