(PS) Winding et al v. Allstate Insurance
| Jacob Winding and Belinda Smith |
| Allstate Insurance |
| 2:2024cv00242 |
| January 18, 2024 |
| US District Court for the Eastern District of California |
| Dale A Drozd |
| Kendall J Newman |
| Insurance |
| 28 U.S.C. ยง 1983 Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 4, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 SUMMONS RETURNED EXECUTED: Allstate Insurance served on 2/9/2024. (Nair, C) |
| Filing 9 SUMMONS RETURNED EXECUTED: Allstate Insurance served on 2/12/2024. (Nair, C) |
Filing 8
MINUTE ORDER issued by Courtroom Deputy A. Waldrop for Chief Magistrate Judge Carolyn K. Delaney on 3/4/2024: On February 28, 2024, defendant filed a motion to consolidate this case with 2:23-cv-2363 and set the matter before the assigned district judge. (ECF No. 5.) However, as plaintiff proceeds without counsel, the district judge vacated the hearing and directed defendant to notice the matter before the assigned magistrate judge. (ECF No. 6.) Defendant noticed the motion for a hearing on April 16, 2024 before the incoming magistrate judge. (ECF No. 7.)Unfortunately, the motion is still improperly noticed, as motions for consolidation are to be considered by the judge in the lower-numbered case. See In re Paris Air Crash of Mar. 3, 1974, 69 F.R.D. 310, 314 (C.D. Cal. 1975) ("A Rule 42 motion... is appropriate that it be decided by the transferee judge."); see also, e.g., Toyo Tire & Rubber Co., Ltd v. Wheel Grp. Holdings, LLC, 2016 WL 11525318, at *2 (C.D. Cal. Oct. 26, 2016) (directing future filings to be submitted only under the lower number case). Therefore, the April 16th hearing is VACATED, and defendant's motion (ECF No. 5) is DENIED WITHOUT PREJUDICE. The court directs defendant to file its motion in the lower-numbered case, 2:23-cv-2363-DAD-JDP, to be set for a hearing before Magistrate Judge Peterson. (Text Only Entry) (Waldrop, A)
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| Filing 7 NOTICE of Rescheduling #5 Motion to Consolidate and Stay by Allstate Insurance . (Phillips, Mark) Modified on 3/5/2024 (Licea Chavez, V). |
| SERVICE BY MAIL: 8 Minute Order served on Belinda Smith, Jacob Winding. (Waldrop, A) |
| Filing 6 MINUTE ORDER (Text Only Entry) issued by Courtroom Deputy for District Judge Dale A. Drozd on 3/1/2024: The parties are notified that Defendant's #5 MOTION to CONSOLIDATE CASES and STAY has been improperly noticed before District Judge Dale A. Drozd, and therefore, the Motion Hearing set for 4/16/2024 at 01:30 PM before District Judge Dale A. Drozd is VACATED. Pursuant to Local Rule (302(c)(21), this motion shall be heard before the assigned Magistrate Judge. The filer is instructed to contact the assigned Magistrate Judge's courtroom clerk for an available hearing date and time.(Buzo, P) |
| SERVICE BY MAIL: 6 Minute Order Terminate Deadlines and Hearings served on Belinda Smith, Jacob Winding. (Buzo, P) |
| Filing 5 MOTION to CONSOLIDATE CASES and STAY by Allstate Insurance. Motion Hearing set for 4/16/2024 at 01:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum Points and Authorities #2 Declaration of Erik Overlid #3 Proposed Order)(Phillips, Mark) Modified on 2/29/2024 (Lopez, K). |
| Filing 4 ANSWER with Jury Demand, COUNTERCLAIM against All Plaintiffs by Allstate Insurance. Attorney Phillips, Mark Charles added. by Allstate Insurance. ( Phillips, Mark) |
| Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form) (Nair, C) |
| Filing 2 SUMMONS ISSUED as to *Allstate Insurance* with answer to complaint due within *21* days. Attorney *Jacob Winding* *6 West Main Street, Suite N* *Stockton, CA 95202*. (Nair, C) |
| Filing 1 COMPLAINT against Allstate Insurance by Jacob Winding, Belinda Smith. (Attachments: #1 Civil Cover Sheet)(Nair, C) |
| SERVICE AT FRONT COUNTER: #3 Civil New Case Documents for DAD, #2 Summons served on Belinda Smith, Jacob Winding. (Nair, C) |
| RECEIPT number 200005120 for $405.00 for Civil Filling from Jacob Winding. (Nair, C) |
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