Reaper v. ACE American Insurance Company
Plaintiff: Red Reaper and Brett C. Huska
Defendant: ACE American Insurance Company
Case Number: 4:2021cv05876
Filed: July 30, 2021
Court: US District Court for the Northern District of California
Presiding Judge: Haywood S Gilliam
Referring Judge: Donna M Ryu
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 2, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 28, 2021 Opinion or Order Filing 20 OPPOSITION/RESPONSE (re #11 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6) ) filed byRed Reaper. (Attachments: #1 Declaration of Michael P. Lavigne, #2 Exhibit A)(McKennon, Robert) (Filed on 9/28/2021)
September 13, 2021 Opinion or Order Filing 19 ORDER by Judge Haywood S. Gilliam, Jr. Granting #18 Stipulated Request for Order Changing Briefing Schedule in Regards to Defendant Ace American Insurance Company's #11 Motion to Dismiss Plaintiff's Complaint. (ndrS, COURT STAFF) (Filed on 9/13/2021)
September 13, 2021 Opinion or Order Reset Deadlines as to #11 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6), See Docket No. #19 : Responses due by 9/28/2021 and Replies due by 10/19/2021. (ndrS, COURT STAFF) (Filed on 9/13/2021)
September 10, 2021 Opinion or Order Filing 18 STIPULATION WITH PROPOSED ORDER re #11 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6), #17 Notice (Other), Stipulated Request for Order Changing Briefing Schedule in Regards to Defendant Ace American Insurance Company's Motion to Dismiss Plaintiff's Complaint filed by Red Reaper. (Attachments: #1 Declaration of Michael P. Lavigne, #2 Proposed Order)(McKennon, Robert) (Filed on 9/10/2021)
September 8, 2021 Opinion or Order Reset Hearing as to #11 MOTION to Dismiss, See Docket No. #17 : Motion Hearing set for 1/13/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 9/8/2021)
September 8, 2021 Opinion or Order Filing 17 NOTICE of Amended Hearing Scheduled Before Judge Haywood S. Gilliam on January 13, 2022at 2:00 p.m.by ACE American Insurance Company re #11 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6) (Davisson, Michael) (Filed on 9/8/2021) Modified on 9/9/2021 (gbaS, COURT STAFF).
September 8, 2021 Opinion or Order Filing 16 CLERK'S NOTICE. Notice is hereby given that counsel must re-notice not re-file the #11 motion to dismiss. Hearing date of October 14, 2021, is vacated. The briefing schedule remains in effect. Counsel is directed to check the Court's scheduling notes before re-noticing the motion for a new hearing date. October 14th was not the Court's next available hearing date when this motion was e-filed. If counsel would like to request an earlier date, an administrative motion or a stipulation and proposed order should be filed after the motion is re-noticed. And if granted, the Court will advance the hearing date. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 9/8/2021)
September 7, 2021 Opinion or Order Filing 15 NOTICE of Amended Hearing Scheduled before Judge Haywood S. Gilliam on October 14, 2021 at 2:00 p.m. by ACE American Insurance Company re #11 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6 (Davisson, Michael) (Filed on 9/7/2021) Modified on 9/8/2021 (gbaS, COURT STAFF).
September 3, 2021 Opinion or Order Filing 14 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for November 9, 2021, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by November 2nd. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:21-cv-05876-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 9/3/2021)
September 2, 2021 Opinion or Order Filing 13 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case, Signed by the Clerk on 9/2/2021. (anjS, COURT STAFF) (Filed on 9/2/2021)
September 1, 2021 Opinion or Order Filing 12 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. (ig, COURT STAFF) (Filed on 9/1/2021)
August 31, 2021 Opinion or Order Filing 11 MOTION to Dismiss Pursuant to F.R.C.P. 12(b)(6) filed by ACE American Insurance Company. Motion Hearing set for 10/14/2021 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 9/14/2021. Replies due by 9/21/2021. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of David A. Shimkin, #3 Exhibit 1 to Declaration of David A. Shimkin, #4 Request for Judicial Notice, #5 Proposed Order)(Davisson, Michael) (Filed on 8/31/2021)
August 31, 2021 Opinion or Order Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by ACE American Insurance Company.. (Davisson, Michael) (Filed on 8/31/2021)
August 31, 2021 Opinion or Order Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Red Reaper.. (McKennon, Robert) (Filed on 8/31/2021)
August 16, 2021 Opinion or Order Filing 8 CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. 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. Consent/Declination due by 8/30/2021. (ig, COURT STAFF) (Filed on 8/16/2021)
August 11, 2021 Opinion or Order Filing 7 SUMMONS Returned Executed by Red Reaper. ACE American Insurance Company served on 8/10/2021, answer due 8/31/2021. (McKennon, Robert) (Filed on 8/11/2021)
August 2, 2021 Opinion or Order Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/27/2021. Initial Case Management Conference set for 11/3/2021 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (bnsS, COURT STAFF) (Filed on 8/2/2021)
August 2, 2021 Opinion or Order Filing 5 Summons Issued as to ACE American Insurance Company. (bnsS, COURT STAFF) (Filed on 8/2/2021)
July 30, 2021 Opinion or Order Filing 4 Case assigned to Magistrate Judge Donna M. Ryu. 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 8/13/2021. (mbcS, COURT STAFF) (Filed on 7/30/2021)
July 30, 2021 Opinion or Order Filing 3 Proposed Summons. (McKennon, Robert) (Filed on 7/30/2021)
July 30, 2021 Opinion or Order Filing 2 Certificate of Interested Entities by Red Reaper re #1 Complaint (McKennon, Robert) (Filed on 7/30/2021)
July 30, 2021 Opinion or Order Filing 1 COMPLAINT with Jury Demand against ACE American Insurance Company ( Filing fee $ 402, receipt number 0971-16234699.). Filed byRed Reaper. (Attachments: #1 Civil Cover Sheet)(McKennon, Robert) (Filed on 7/30/2021) Modified on 8/2/2021 (bnsS, COURT STAFF).

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Plaintiff: Red Reaper
Represented By: Robert John McKennon
Represented By: Michael Paul Lavigne
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Plaintiff: Brett C. Huska
Represented By: Michael Paul Lavigne
Represented By: Robert John McKennon
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Defendant: ACE American Insurance Company
Represented By: Michael Russell Davisson
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