Overfelt v. Hagerty Insurance Agency, LLC et al
Plaintiff: Terry Guy Overfelt
Defendant: Hagerty Insurance Agency, LLC and Essentia Insurance Company
Interested Party: The Hagerty Group, LLC and Markel Corporation
Case Number: 3:2019cv04297
Filed: July 26, 2019
Court: US District Court for the Northern District of California
Presiding Judge: Susan Illston
Referring Judge: Sallie Kim
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 24, 2019 Opinion or Order Filing 20 ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS AND GRANTING PLAINTIFF LEAVE TO AMEND #5 #6 . (Illston, Susan) (Filed on 9/24/2019)
September 13, 2019 Filing 19 CLERK'S NOTICE. (This is a text-only entry generated by the court. There is no document associated with this entry.) Initial Case Management Conference set for 10/18/19 has been advanced to 10/17/2019 02:30 PM in San Francisco, Courtroom 01, 17th Floor. (tfS, COURT STAFF) (Filed on 9/13/2019)
September 12, 2019 Filing 18 Minute Entry for proceedings held before Judge Susan Illston: Motion Hearing not held on 9/12/2019. Because plaintiffs counsel was not there, the Court stated the matter would be deemed submitted on the papers. Total Time in Court: 5 minutes. Court Reporter: Debra Pas. (tfS, COURT STAFF) (Date Filed: 9/12/2019)
August 23, 2019 Filing 17 REPLY (re #6 MOTION to Dismiss Plaintiff's Complaint ) filed byHagerty Insurance Agency, LLC. (Carmel, Rina) (Filed on 8/23/2019)
August 23, 2019 Filing 16 REPLY (re #5 MOTION to Dismiss Plaintiff's Complaint ) filed byEssentia Insurance Company. (Carmel, Rina) (Filed on 8/23/2019)
August 15, 2019 Filing 15 OPPOSITION/RESPONSE (re #6 MOTION to Dismiss Plaintiff's Complaint ) Opposition to Hagerty's MTD filed byTerry Guy Overfelt. (Attachments: #1 Proposed Order)(Timpano, Salvatore) (Filed on 8/15/2019)
August 15, 2019 Filing 14 OPPOSITION/RESPONSE (re #5 MOTION to Dismiss Plaintiff's Complaint ) Opposition to Essentia's MTD filed byTerry Guy Overfelt. (Attachments: #1 Proposed Order)(Timpano, Salvatore) (Filed on 8/15/2019)
August 15, 2019 Filing 13 CLERK'S NOTICE Advancing Motion Hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to #6 MOTION to Dismiss Plaintiff's Complaint, #5 MOTION to Dismiss Plaintiff's Complaint. Motion Hearing set for 9/12/2019 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. (Related documents(s) #6 , #5 )(tfS, COURT STAFF) (Filed on 8/15/2019)
August 14, 2019 Filing 12 CLERK'S NOTICE Case Management Statement due by 10/11/2019. Initial Case Management Conference set for 10/18/2019 02:30 PM in San Francisco, Courtroom 01, 17th Floor. (Attachments: #1 Standing Order, #2 Standing Order, #3 Notice of Eligibility for Video Recording) (tfS, COURT STAFF) (Filed on 8/14/2019)
August 14, 2019 Filing 11 CLERK'S NOTICE setting hearing date on motions for summary judgment. (This is a text-only entry generated by the court. There is no document associated with this entry.), Set/Reset Deadlines as to #6 MOTION to Dismiss Plaintiff's Complaint, #5 MOTION to Dismiss Plaintiff's Complaint. Motion Hearing set for 9/13/2019 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. No adjustments are made to the briefing schedule. (Related documents(s) #6 , #5 )(tfS, COURT STAFF) (Filed on 8/14/2019)
August 9, 2019 Opinion or Order Filing 10 ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Susan Illston for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 8/9/19. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 8/9/2019)
August 9, 2019 Filing 9 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 8/9/2019)
August 8, 2019 Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Essentia Insurance Company, Hagerty Insurance Agency, LLC.. (McCormick, Donald) (Filed on 8/8/2019)
August 6, 2019 Filing 7 CLERK'S NOTICE Re: Consent or Declination: Plaintiff/Defendants shall file a consent or declination to proceed before a magistrate judge by 8/13/2019. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (mklS, COURT STAFF) (Filed on 8/6/2019)
August 2, 2019 Filing 6 MOTION to Dismiss Plaintiff's Complaint filed by Hagerty Insurance Agency, LLC. Motion Hearing set for 9/16/2019 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 8/16/2019. Replies due by 8/23/2019. (Attachments: #1 Proposed Order)(Carmel, Rina) (Filed on 8/2/2019)
August 2, 2019 Filing 5 MOTION to Dismiss Plaintiff's Complaint filed by Essentia Insurance Company. Motion Hearing set for 9/16/2019 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 8/16/2019. Replies due by 8/23/2019. (Attachments: #1 Proposed Order)(Carmel, Rina) (Filed on 8/2/2019)
July 29, 2019 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 10/21/2019. Initial Case Management Conference set for 10/28/2019 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (tnS, COURT STAFF) (Filed on 7/29/2019)
July 26, 2019 Filing 3 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/9/2019. (srnS, COURT STAFF) (Filed on 7/26/2019)
July 26, 2019 Filing 2 Certification of Interested Entities or Persons filed by Essentia Insurance Company and Hagerty Insurance Agency, LLC identifying Corporate Parent Markel Corporation for Essentia Insurance Company; Corporate Parent The Hagerty Group, LLC for Hagerty Insurance Agency, LLC re #1 Notice of Removal (Carmel, Rina) (Filed on 7/26/2019)
July 26, 2019 Filing 1 NOTICE OF REMOVAL of Action Under 28 U.S.C. Section 1441 from Superior Court of the State of California County of Alameda, Unlimited Civil Department. Their case number is RG19018566, (Filing Fee: $400.00, receipt number 0971-13556119). Filed by Essentia Insurance Company and Hagerty Insurance Agency, LLC. (Attachments: #(1) Exhibit, #(2) Civil Cover Sheet)(Carmel, Rina) (Filed on 7/26/2019) Modified on 7/29/2019 (tnS, COURT STAFF).

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Defendant: Hagerty Insurance Agency, LLC
Represented By: Rina Carmel
Represented By: Donald William McCormick
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Defendant: Essentia Insurance Company
Represented By: Rina Carmel
Represented By: Donald William McCormick
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Plaintiff: Terry Guy Overfelt
Represented By: Salvatore Carmine Timpano
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Interested party: The Hagerty Group, LLC
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Interested party: Markel Corporation
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