Pitkin et al v. State Farm General Insurance Company et al
| Melissa Pitkin and Dan Grout |
| State Farm General Insurance Company and State Farm Fire and Casualty Company |
| 3:2023cv00924 |
| March 1, 2023 |
| US District Court for the Northern District of California |
| William H Orrick |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 25, 2023. A more recent docket listing may be available from PACER.
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Filing 40
ORDER GRANTING IN PART AND DENYING IN PART #16 MOTION TO DISMISS by Judge William H. Orrick. The motion to dismiss is GRANTED in part and DENIED in part. The UCL and declaratory relief claims may proceed, but State Farm Fire is DISMISSED as a defendant, with leave to amend. Any amended complaint is due within 20 days of the issuance of this Order. (jmd, COURT STAFF) (Filed on 7/25/2023)
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| Filing 38 TRANSCRIPT ORDER for proceedings held on 07/18/2023 before Judge William H. Orrick by State Farm Fire and Casualty Company, State Farm General Insurance Company, for Court Reporter Susan Zielie. (Hoffman, Jennifer) (Filed on 7/20/2023) |
| Filing 37 TRANSCRIPT ORDER for proceedings held on 07/18/2023 before Judge William H. Orrick by Dan Grout, Melissa Pitkin, for Court Reporter Susan Zielie. (Kirtley, Andrew) (Filed on 7/19/2023) |
| Filing 39 Minute Entry for proceedings held before Judge William H. Orrick: Hearing on #16 Motion to Dismiss and Case Management Conference held on 7/18/2023. Motion taken under submission; written order to follow. Further Case Management Conference set for 10/17/2023 02:00 PM via Videoconference (Case Management Statement due by 10/10/2023). Total Time in Court: 24 minutes. Court Reporter: Susan Zielie. (jmd, COURT STAFF) (Date Filed: 7/18/2023) |
| Filing 36 JOINT CASE MANAGEMENT STATEMENT filed by State Farm Fire and Casualty Company. (Hoffman, Jennifer) (Filed on 7/11/2023) |
| Filing 35 RESPONSE re #29 Notice (Other) of Pendency of Other Action Under Civil Local Rule 3-13 by Dan Grout, Melissa Pitkin. (Pitre, Frank) (Filed on 6/9/2023) |
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Filing 34
Order by Judge William H. Orrick granting #27 Motion for Pro Hac Vice by Jessica W. Hayes. (jmd, COURT STAFF) (Filed on 6/5/2023)
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Filing 33
Order by Judge William H. Orrick granting #32 Motion for Pro Hac Vice by Arthur Mahony Murray. (jmd, COURT STAFF) (Filed on 6/5/2023)
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| Filing 32 Proposed MOTION for leave to appear in Pro Hac Vice Arthur M. Murray ( Filing fee $ 317, receipt number ACANDC-18315250.) filed by Dan Grout, Melissa Pitkin. (Attachments: #1 Exhibit Certificates of Good Standing)(Murray, Arthur) (Filed on 5/31/2023) |
| Filing 31 CLERKS NOTICE RESETTING ZOOM HEARING - Case Management Conference and Hearing on #16 MOTION to Dismiss reset for 7/18/2023 02:00 PM via Videoconference before Judge William H. Orrick. This proceeding will be held via Zoom webinar. Case Management Statement due by 7/11/2023.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmd, COURT STAFF) (Filed on 5/30/2023) |
| Filing 30 CLERKS NOTICE RE ZOOM HEARING - The hearing on #16 Motion to Dismiss set for 5/31/2023 at 2:00 PM will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmd, COURT STAFF) (Filed on 5/30/2023) |
| Filing 29 NOTICE by State Farm Fire and Casualty Company, State Farm General Insurance Company of Pendency of Other Action or Proceeding (Hoffman, Jennifer) (Filed on 5/26/2023) |
| Filing 28 Certificate of Interested Entities by Dan Grout, Melissa Pitkin (Weaver, Jack) (Filed on 5/24/2023) |
| Filing 27 MOTION for leave to appear in Pro Hac Vice [Jessica W. Hayes (Louisiana 28927) / Murray Law Firm] ( Filing fee $ 317, receipt number ACANDC-18293769.) filed by Dan Grout, Melissa Pitkin. (Hayes, Jessica) (Filed on 5/23/2023) |
| Filing 26 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options State Farm General Insurance and State Farm Fire and Casualty Company (Hoffman, Jennifer) (Filed on 5/22/2023) |
| Filing 25 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel (Weaver, Jack) (Filed on 5/19/2023) |
| Filing 24 REPLY (re #16 MOTION to Dismiss Portions of Plaintiffs' Complaint ) filed byState Farm Fire and Casualty Company, State Farm General Insurance Company. (Hoffman, Jennifer) (Filed on 5/15/2023) |
| Filing 23 OPPOSITION/RESPONSE (re #16 MOTION to Dismiss Portions of Plaintiffs' Complaint ) filed byDan Grout, Melissa Pitkin. (Pitre, Frank) (Filed on 5/8/2023) |
| Filing 22 NOTICE of Appearance by Frank Falzetta (Falzetta, Frank) (Filed on 5/3/2023) |
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Filing 21
Order by Judge William H. Orrick granting #20 Motion for Pro Hac Vice by Stephen B. Murray, Jr. (jmd, COURT STAFF) (Filed on 5/1/2023)
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| Filing 20 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18207659.) filed by Dan Grout, Melissa Pitkin. (Attachments: #1 Exhibit Exhibit A - Certificates of Good Standing, #2 Proposed Order)(Murray, Stephen) (Filed on 4/26/2023) |
| Filing 19 NOTICE by State Farm Fire and Casualty Company, State Farm General Insurance Company re #16 MOTION to Dismiss Portions of Plaintiffs' Complaint Proof of Service by Mail (Hoffman, Jennifer) (Filed on 4/25/2023) |
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Filing 18
Order by Judge William H. Orrick granting #17 Motion for Pro Hac Vice by Thomas M. Beh. (jmd, COURT STAFF) (Filed on 4/25/2023)
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| Filing 17 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18202260.) filed by Dan Grout, Melissa Pitkin. (Attachments: #1 Proposed Order, #2 Exhibit Ex. B - Texas Certificate of good standing, #3 Exhibit Ex. A - Louisiana Certificate of good standing)(Beh, Thomas) (Filed on 4/25/2023) |
| Filing 16 MOTION to Dismiss Portions of Plaintiffs' Complaint filed by State Farm Fire and Casualty Company, State Farm General Insurance Company. Motion Hearing set for 5/31/2023 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 5/8/2023. Replies due by 5/15/2023. (Attachments: #1 Proposed Order)(Hoffman, Jennifer) (Filed on 4/24/2023) |
| Filing 15 NOTICE of Appearance by Anna S. McLean (McLean, Anna) (Filed on 3/29/2023) |
| Filing 14 Certificate of Interested Entities by State Farm Fire and Casualty Company, State Farm General Insurance Company identifying Corporate Parent State Farm Mutual Automobile Insurance Company for State Farm Fire and Casualty Company, State Farm General Insurance Company. (Hoffman, Jennifer) (Filed on 3/29/2023) |
| Filing 13 STIPULATION re #1 Complaint, Extending Defendants' Time to Respond to Complaint filed by State Farm Fire and Casualty Company, State Farm General Insurance Company. (Hoffman, Jennifer) (Filed on 3/29/2023) |
| Filing 12 CERTIFICATE OF SERVICE by Dan Grout, Melissa Pitkin re #9 Case Management Scheduling Order (Pitre, Frank) (Filed on 3/16/2023) |
| Filing 11 SUMMONS Returned Executed by Dan Grout, Melissa Pitkin. State Farm Fire and Casualty Company served on 3/13/2023, answer due 4/3/2023. (Pitre, Frank) (Filed on 3/15/2023) |
| Filing 10 SUMMONS Returned Executed by Dan Grout, Melissa Pitkin. State Farm General Insurance Company served on 3/13/2023, answer due 4/3/2023. (Pitre, Frank) (Filed on 3/15/2023) |
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Filing 9
CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 6/6/2023 02:00 PM via Videoconference. Case Management Statement due by 5/30/2023. Signed by Judge William H. Orrick on 03/10/2023. (jmd, COURT STAFF) (Filed on 3/10/2023)
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Filing 8
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick 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 03/09/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(jlg, COURT STAFF) (Filed on 3/9/2023)
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| Filing 7 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. (klh, COURT STAFF) (Filed on 3/9/2023) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Dan Grout, Melissa Pitkin.. (Weaver, Jack) (Filed on 3/7/2023) |
| Filing 5 Summons Issued as to State Farm Fire and Casualty Company, State Farm General Insurance Company. (dhm, COURT STAFF) (Filed on 3/2/2023) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/2/2023. Initial Case Management Conference set for 6/9/2023 02:00 PM in San Francisco, Courtroom F, 15th Floor. (dhm, COURT STAFF) (Filed on 3/2/2023) |
| Filing 3 Case assigned to Magistrate Judge Joseph C. Spero. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/16/2023. (cv, COURT STAFF) (Filed on 3/2/2023) |
| Filing 2 Proposed Summons. (Pitre, Frank) (Filed on 3/1/2023) |
| Filing 1 COMPLAINT against State Farm Fire and Casualty Company, State Farm General Insurance Company ( Filing fee $ 402, receipt number ACANDC-18034343.). Filed byDan Grout, Melissa Pitkin. (Attachments: #1 Civil Cover Sheet)(Pitre, Frank) (Filed on 3/1/2023) |
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