Kerr v. USAA Casualty Insurance Company
Plaintiff: Bernard Kerr
Defendant: USAA Casualty Insurance Company
Case Number: 3:2021cv07649
Filed: September 29, 2021
Court: US District Court for the Northern District of California
Presiding Judge: James Donato
Referring Judge: Joseph C Spero
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 11, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 11, 2021 Opinion or Order Filing 20 ORDER. Plaintiff's opposition to the motion to dismiss, Dkt. No. 18, was due on October 26, 2021. Plaintiff did not meet this deadline, or file any response at all to the motion. Consequently, the unopposed motion to dismiss is granted with leave to amend. Plaintiff may file an amended complaint by December 3, 2021. Plaintiff is advised that a further failure to follow the Court's order and the District's local rules may lead to dismissal of the case for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. Signed by Judge James Donato on 11/11/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 11/11/2021)
November 2, 2021 Filing 19 NOTICE by USAA Casualty Insurance Company re #18 Second MOTION to Dismiss Plaintiff's First Amended Complaint re: Notice of Plaintiff's Lack of Opposition (Kastan, Joshua) (Filed on 11/2/2021)
October 12, 2021 Filing 18 Second MOTION to Dismiss Plaintiff's First Amended Complaint filed by USAA Casualty Insurance Company. Motion Hearing set for 11/18/2021 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 10/26/2021. Replies due by 11/2/2021. (Attachments: #1 Proposed Order)(Kastan, Joshua) (Filed on 10/12/2021)
October 5, 2021 Opinion or Order Filing 17 CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 1/13/2022 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 1/6/2022. Signed by Judge James Donato on 10/5/2021. (lrcS, COURT STAFF) (Filed on 10/5/2021)
October 4, 2021 Opinion or Order Filing 16 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to 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 Clerk on 10/04/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(mbcS, COURT STAFF) (Filed on 10/4/2021)
September 30, 2021 Filing 15 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. (klhS, COURT STAFF) (Filed on 9/30/2021)
September 30, 2021 Filing 14 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/31/2021. Initial Case Management Conference set for 1/7/2022 02:00 PM. (mclS, COURT STAFF) (Filed on 9/30/2021)
September 29, 2021 Filing 13 Case transferred in from District of California Eastern; Case Number 2:20-cv-00687. Original file certified copy of transfer order and docket sheet received.
September 28, 2021 Opinion or Order Filing 12 ORDER signed by District Judge Troy L. Nunley on 9/27/2021 GRANTING #5 Motion to Change Venue and TRANSFERRING this case to the Northern District of California. The Court does not rule on Defendant's Motion to Dismiss. ELECTRONIC TRANSFER SENT. CASE CLOSED. (Donati, J)
May 11, 2020 Filing 11 NOTICE of APPEARANCE by Jeffrey C. Arnold on behalf of Bernard Kerr. Attorney Arnold, Jeffrey C. added. (Arnold, Jeffrey)
May 5, 2020 Filing 10 REPLY by USAA Casualty Insurance Company re #5 Motion to Change Venue. (Attachments: #1 Declaration, #2 Proof of Service)(Kastan, Joshua)
May 5, 2020 Filing 9 REPLY by USAA Casualty Insurance Company re #4 Motion to Dismiss. (Attachments: #1 Proof of Service)(Kastan, Joshua)
April 30, 2020 Filing 8 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 4/30/2020: On the Court's own motion, Defendant's Motion to Dismiss and Motion to Change Venue (ECF Nos. #4 and #5 ) are hereby SUBMITTED without oral argument. Accordingly, the hearing set for 5/14/2020 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. Defendant may still file reply briefs in accordance with Local Rule 230(d) and the 5/14/2020 date. (TEXT ONLY ENTRY) (Krueger, M)
April 30, 2020 Filing 7 OPPOSITION by Bernard Kerr to #4 Motion to Dismiss. (Antoine, Richard)
April 30, 2020 Filing 6 OPPOSITION by Bernard Kerr to #5 Motion to Change Venue. (Attachments: #1 Declaration)(Antoine, Richard)
April 8, 2020 Filing 5 MOTION to CHANGE VENUE by USAA Casualty Insurance Company. Motion Hearing set for 5/14/2020 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Proposed Order, #11 Proof of Service)(Kastan, Joshua) Modified on 4/9/2020 (Huang, H).
April 8, 2020 Filing 4 MOTION to DISMISS by USAA Casualty Insurance Company. Motion Hearing set for 5/14/2020 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Memorandum, #2 Proposed Order, #3 Proof of Service)(Kastan, Joshua)
April 6, 2020 Filing 3 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. (Kastan, Joshua)
April 3, 2020 Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Becknal, R)
April 2, 2020 Filing 1 NOTICE of REMOVAL from Sacramento County Superior Court, case number 34-2019-00264629 by USAA Casualty Insurance Company. (Filing fee $ 400, receipt number 0972-8825837) (Attachments: #1 Exhibit 1A-1H, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet, #6 Certificate of Interested Entities, #7 Proof of Service)(Kastan, Joshua)

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Plaintiff: Bernard Kerr
Represented By: Richard F. Antoine
Represented By: Jeffrey C. Arnold
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Defendant: USAA Casualty Insurance Company
Represented By: Jessica Jones Ross
Represented By: Joshua Nathan Kastan
Represented By: Robert Stewart McLay
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