Helfet v. Birdsall et al
| Barton Helfet |
| Pamela Birdsall, Gary Birdsall and USAA Casualty Insurance Company |
| 4:2024cv09010 |
| December 12, 2024 |
| U.S. District Court for the Northern District of California |
| Haywood S Gilliam |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 11, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 REPLY (re #20 MOTION to Remand ) Plaintiff's Reply in Support of Motion to Remand to State Court filed byBarton Helfet. (Coleman, Terrence) (Filed on 1/23/2025) |
| Filing 27 OPPOSITION/RESPONSE (re #20 MOTION to Remand ) filed byUSAA Casualty Insurance Company. (Attachments: #1 Certificate/Proof of Service)(Kastan, Joshua) (Filed on 1/16/2025) |
| Filing 26 REPLY (re #18 MOTION to Dismiss ) Plaintiff's Third Cause of Action Against Defendants Gary and Pamela Birdsall filed byUSAA Casualty Insurance Company. (Attachments: #1 Certificate/Proof of Service)(Kastan, Joshua) (Filed on 1/9/2025) |
| Filing 25 Statement of Non-Opposition to re #20 Plaintiff's Motion to Remand to State Court filed by Gary Birdsall. (Shapiro, Jacob) (Filed on 1/9/2025) |
| Filing 24 OPPOSITION/RESPONSE (re #20 MOTION to Remand ) Non-Opposition filed byGary Birdsall. (Shapiro, Jacob) (Filed on 1/8/2025) |
| #Electronic filing error. Re: #24 Opposition/Response to Motion filed by Gary Birdsall. Incorrect event used. [err101]. This filing will not be processed by the clerks office. Please re-file in its entirety by using Civil Events > Motions and Related Filings (cont.) > Other Supporting Documents > Statement of Non-Opposition. (tn, COURT STAFF) (Filed on 1/8/2025) |
Filing 23
ORDER GRANTING #22 STIPULATION to Continue Hearing Date for Defendant USAA Casualty Insurance Company's Motion to Dismiss signed by Judge Haywood S. Gilliam, Jr. on 1/7/2025. Reset Hearing as to #18 Defendant USAA Casualty Insurance Company's Motion to Dismiss : Motion Hearing set for 2/20/2025 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 1/7/2025)
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| Filing 22 STIPULATION WITH PROPOSED ORDER re Joint Stipulation to Continue Hearing Date for Defendant USAA Casualty Insurance Company's Motion to Dismiss filed by Barton Helfet. (Attachments: #1 Proposed Order [Proposed] Order Granting Joint Stipulation to Continue Hearing Date for Defendant USAA Casualty Insurance Company's Motion to Dismiss)(Coleman, Terrence) (Filed on 1/7/2025) |
| Filing 21 OPPOSITION/RESPONSE (re #18 MOTION to Dismiss ) Plaintiff's Opposition to Defendant USAA Casualty Insurance Company's Motion to Dismiss Plaintiff's Third Cause of Action Against Defendants Gary and Pamela Birdsall or in the Alternative for Realignment of Parties filed byBarton Helfet. (Attachments: #1 Certificate/Proof of Service Proof of Service)(Coleman, Terrence) (Filed on 1/2/2025) |
| Filing 20 MOTION to Remand filed by Barton Helfet. Motion Hearing set for 2/20/2025 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 1/16/2025. Replies due by 1/23/2025. (Attachments: #1 Proposed Order [Proposed] Order Granting Plaintiff's Motion to Remand to State Court, #2 Certificate/Proof of Service Proof of Service)(Coleman, Terrence) (Filed on 1/2/2025) |
| Reset Hearing as to #18 MOTION to Dismiss, Counsel set the wrong date: Motion Hearing set for 2/13/2025 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. (ndr, COURT STAFF) (Filed on 12/20/2024) |
| Filing 19 Request for Judicial Notice re #18 MOTION to Dismiss filed byUSAA Casualty Insurance Company. (Related document(s) #18 ) (Kastan, Joshua) (Filed on 12/19/2024) |
| Filing 18 MOTION to Dismiss filed by USAA Casualty Insurance Company. Motion to Dismiss Hearing set for 2/3/2025 02:00 PM in Oakland, Courtroom 2, 4th Floor. Responses due by 1/2/2025. Replies due by 1/9/2025. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Kastan, Joshua) (Filed on 12/19/2024) |
| Filing 17 Disclosure Statement Pursuant to FRCP Rule 7.1(A)(2) filed by Gary Birdsall and Pamela Birdsall (Shapiro, Jacob) (Filed on 12/17/2024) |
| Filing 16 Certification of Interested Entities or Persons filed by Gary Birdsall and Pamela Birdsall (Shapiro, Jacob) (Filed on 12/17/2024) |
| Filing 15 Rule 7.1 Disclosure Statement filed by Barton Helfet - Plaintiff's Disclosure Statement Pursuant to FRCP Rule 7.1(a)(2) (Coleman, Terrence) (Filed on 12/16/2024) |
| Filing 14 Certificate of Interested Entities by Barton Helfet (Coleman, Terrence) (Filed on 12/16/2024) |
| Filing 13 CLERK'S NOTICE SETTING A CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference via a Zoom webinar has been set for March 18, 2025, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by March 11th. 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 4:24-cv-09010-HSG. All attorneys and pro se litigants appearing for the case management conference are required to join at least 15 minutes before the hearing to check-in with the CRD. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/hsg 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.) (ndr, COURT STAFF) (Filed on 12/16/2024) |
| Filing 12 CERTIFICATE OF SERVICE by USAA Casualty Insurance Company re Standing Order for Civil Cases Before District Judge Haywood S. Gilliam, Jr. (Kastan, Joshua) (Filed on 12/13/2024) |
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Filing 11
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 Kandis A. Westmore no longer assigned to case. Signed by The Clerk on 12/13/2024. (kxo, COURT STAFF) (Filed on 12/13/2024)
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| Filing 10 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. (kc, COURT STAFF) (Filed on 12/13/2024) |
| Filing 9 DEMAND for Trial by Jury by Barton Helfet. (Coleman, Terrence) (Filed on 12/13/2024) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by USAA Casualty Insurance Company.. (Attachments: #1 Certificate/Proof of Service)(Kastan, Joshua) (Filed on 12/13/2024) |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 3/11/2025. Initial Case Management Conference set for 3/18/2025 at 1:30 PM in Oakland - Videoconference Only. (tn, COURT STAFF) (Filed on 12/13/2024) |
| Filing 6 Case assigned to Magistrate Judge Kandis A. Westmore. 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 12/27/2024. (as, COURT STAFF) (Filed on 12/13/2024) |
| Filing 5 NOTICE of Appearance filed by Keri Salet on behalf of USAA Casualty Insurance Company (Salet, Keri) (Filed on 12/13/2024) |
| Filing 4 NOTICE of Appearance filed by Jessica J Ross on behalf of USAA Casualty Insurance Company (Ross, Jessica) (Filed on 12/13/2024) |
| Filing 3 Corporate Disclosure Statement by USAA Casualty Insurance Company identifying Corporate Parent USAA for USAA Casualty Insurance Company. (Attachments: #1 Certificate/Proof of Service)(Kastan, Joshua) (Filed on 12/13/2024) |
| Filing 2 Civil Cover Sheet by USAA Casualty Insurance Company re: #1 Notice of Removal. (Kastan, Joshua) (Filed on 12/13/2024) |
| #Electronic filing error.Use current Civil Cover Sheet. No judge assignment will be made until the document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover Sheet Re: #1 Notice of Condemnation,, Notice of Removal, filed by USAA Casualty Insurance Company (as, COURT STAFF) (Filed on 12/13/2024) |
| Answer to Removal Complaint (refer to docket [1-8], page 2) by Pamela Birdsall, Gary Birdsall. (tn, COURT STAFF) (Filed on 12/12/2024) |
| Filing 1 NOTICE OF REMOVAL from San Francisco County Superior Court. Their case number is CGC-24-619709, (Filing Fee $405.00, receipt number ACANDC-20138797). Filed by USAA Casualty Insurance Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Civil Cover Sheet, #10 Certificate/Proof of Service)(Kastan, Joshua) (Filed on 12/12/2024) Modified on 12/13/2024 (tn, COURT STAFF). |
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