Miletak v. Acuity Mutual Insurance Company
| Nick Miletak |
| Acuity Mutual Insurance Company |
| Darcel Lang |
| 5:2022cv00633 |
| January 31, 2022 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| Beth Labson Freeman |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on November 21, 2022. A more recent docket listing may be available from PACER.
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Filing 37
PROOF OF SERVICE re #26 Notice (by Nick Miletak (bw, COURT STAFF) (Filed on 3/31/2022)
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Filing 36
Proof of Service by Nick Miletak re #20 MOTION to Strike #6 Exhibits, (bw, COURT STAFF) (Filed on 3/31/2022)
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Filing 35
Proof of Service E re #33 Reply to Opposition/Response by Nick Miletak (bw, COURT STAFF) (Filed on 3/31/2022)
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Filing 34
Declaration of Plaintiff Nick Miletak in Reply to Defendant's Oppostion to his Motion to Strike or Dismiss #20 MOTION to Strike #6 Exhibits, filed by Nick Miletak. (Attachments: #1 Proposed Order)(Related document(s) #20 ) (bw, COURT STAFF) (Filed on 3/29/2022)
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Filing 33
Plaintiff's Reply to Defendants Opposition to Plaintiff's Motion to Strike or Dismiss (re #20 MOTION to Strike #6 Exhibits, ) filed byNick Miletak. (bw, COURT STAFF) (Filed on 3/29/2022)
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#Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #32 Opposition/Response to Motion, filed by Darcel Lang (dhm, COURT STAFF) (Filed on 3/22/2022)
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Filing 32
Declaration of Lynn V. Rivera in Support of #31 Opposition to (re #20 MOTION to Strike #6 Exhibits, ) filed by Darcel Lang. (Rivera, Lynn) (Filed on 3/21/2022) Modified on 3/22/2022. Incorrect event selected when posting document (dhm, COURT STAFF).
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Filing 31
OPPOSITION/RESPONSE (re #20 MOTION to Strike #6 Exhibits, ) CROSS-COMPLAINT PURSUANT TO CCP 425.16 AND REQUEST FOR SANCTIONS OF $3,500 filed byDarcel Lang. (Rivera, Lynn) (Filed on 3/21/2022)
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Filing 30
Proposed Order re ({28}, {29{ Document by Nick Miletak. (bw, COURT STAFF) (Filed on 3/14/2022)
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Filing 29
DECLARATION OF PLAINTIFF NICK MILETAK IN REPLY TO DEFENDANT'S OPPOSITION TO HIS MOTION TO DISMISS CROSS COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED PURSUANT TO FED. R. CIV. P. 12(B)(6) by Nick Miletak re #28 FILED BY NICK MILETAK (Attachments: #1 Exhibits 1 - 6) (bw, COURT STAFF) (Filed on 3/14/2022)
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Filing 28
PLAINTIFF'S REPLY TO DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION TO DISMISS CROSS COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED PURSUANT TO FED R. CIV. P. 12(B)(6) re #16 MOTION to Dismiss Cross Complaint filed by Nick Miletak. (bw, COURT STAFF) (Filed on 3/14/2022)
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Filing 27
Proposed Order re #26 Notice, #25 Response by Nick Miletak. (bw, COURT STAFF) (Filed on 3/14/2022)
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Filing 26
Declaration of Plaintiff Nick Miletak in Reply to Defendant's Opposition to his Motion to Remand Pursuant Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion to Remand Pursuant to 28. U.S.C. 1447(C) re #25 (Attachments: #1 Exhibits 1 - 3) filed by Nick Miletak (bw, COURT STAFF) (Filed on 3/14/2022)
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Filing 25
Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion to Remand Pursuant to 28. U.S.C. 1447(C) re #23 by Nick Miletak. (bw, COURT STAFF) (Filed on 3/14/2022)
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Filing 24
OPPOSITION/RESPONSE (re #17 MOTION to Remand ) Declaration of Lynn R. Rivera filed byAcuity Mutual Insurance Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Rivera, Lynn) (Filed on 3/9/2022)
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Filing 23
OPPOSITION/RESPONSE (re #17 MOTION to Remand ) to State Court filed byAcuity Mutual Insurance Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Rivera, Lynn) (Filed on 3/9/2022)
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Filing 22
OPPOSITION/RESPONSE (re #16 MOTION to Dismiss Cross Complaint ) filed byDarcel Lang. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Rivera, Lynn) (Filed on 3/9/2022)
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Filing 21
Statement Joint Report by Acuity Mutual Insurance Company. (Rivera, Lynn) (Filed on 3/9/2022)
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Filing 20
MOTION to Strike #6 Cross-Complaint, filed by Nick Miletak. Motion Hearing set for 6/30/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 3/21/2022. Replies due by 3/28/2022. (Attachments: #1 Memorandum of Points and Authorities in Support, #2 Declaration of Nick Miletak, #3 Certificate/Proof of Service)(dhm, COURT STAFF) (Filed on 3/7/2022)
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Filing 19
NOTICE by Acuity Mutual Insurance Company Statement of Removal (Rivera, Lynn) (Filed on 2/28/2022)
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Filing 18
CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 6/23/2022. Initial Case Management Conference set for 6/30/2022 11:00 AM in San Jose, Courtroom 3, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Filed on 2/23/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 17
MOTION to Remand filed by Nick Miletak. Motion Hearing set for 6/30/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 3/9/2022. Replies due by 3/16/2022. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration, #3 Proposed Order)(dhm, COURT STAFF) (Filed on 2/23/2022)
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Filing 16
MOTION to Dismiss Cross Complaint filed by Nick Miletak. Motion Hearing set for 6/30/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 3/9/2022. Replies due by 3/16/2022. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration, #3 Proposed Order)(dhm, COURT STAFF) (Filed on 2/23/2022)
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Filing 15
RESPONSE to #6 Answer (Exhibit 2 to Notice of Removal) by Nick Miletak. (dhm, COURT STAFF) (Filed on 2/23/2022)
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#Electronic filing error. Judge name or initials are incorrect. Counsel need not re-file the document, but should reference the correct judge name/initials on future filings. Re:[1 5] Response to Answer filed by Nick Miletak (dhm, COURT STAFF) (Filed on 2/23/2022)
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Filing 14
NOTICE by Acuity Mutual Insurance Company of Proof of Service (Rivera, Lynn) (Filed on 2/16/2022)
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Filing 13
Civil Cover Sheet by Acuity Mutual Insurance Company with Proof of Service. (Rivera, Lynn) (Filed on 2/16/2022)
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Filing 12
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Beth Labson Freeman for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins remains as referral judge assigned to case. Reassignment Order signed by Clerk on 2/16/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 2/16/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified on 2/16/2022 (sp, COURT STAFF).
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Filing 11
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 a party has not consented to the jurisdiction of a Magistrate Judge. 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. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 2/15/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 10
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Acuity Mutual Insurance Company.. (Rivera, Lynn) (Filed on 2/15/2022)
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Filing 9
CLERK'S NOTICE RE: Consent or Declination. Parties are requested to file a consent or declination to proceed before a magistrate judge by 2/28/2022. 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. (Plaintiff sent pro se welcome letter) (lmh, COURT STAFF) (Filed on 2/14/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 8
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/27/2022. Initial Case Management Conference set for 5/4/2022 10:00 AM in San Jose, Courtroom 5, 4th Floor. (dhm, COURT STAFF) (Filed on 1/31/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 7
EXHIBITS re #1 Notice of Removal, filed byAcuity Mutual Insurance Company. (Attachments: #1 Exhibit Exhibit A to Dec, #2 Exhibit Exhibit B to Dec)(Related document(s) #1 ) (Rivera, Lynn) (Filed on 1/31/2022)
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Filing 6
EXHIBITS re #1 Notice of Removal, filed byAcuity Mutual Insurance Company. (Attachments: #1 Exhibit Exhibit 1 - Complaint, #2 Exhibit 2 - Answer and Cross-Claim, #3 Exhibit 3 - Declaration)(Related document(s) #1 ) (Rivera, Lynn) (Filed on 1/31/2022)
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Filing 5
Case assigned to Magistrate Judge Nathanael M. Cousins. 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 2/14/2022. (bw, COURT STAFF) (Filed on 1/31/2022)
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Filing 4
NOTICE by Acuity Mutual Insurance Company (Rivera, Lynn) (Filed on 1/31/2022)
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Filing 3
Case can not be randomly assigned to judge by Clerk until Completed Civil Cover Sheet (JS CAND 44 (Rev. 10/2020) has been filed (bw, COURT STAFF) (Filed on 1/31/2022)
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Filing 2
Civil Cover Sheet by Acuity Mutual Insurance Company . (Rivera, Lynn) (Filed on 1/31/2022)
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Filing 1
NOTICE OF REMOVAL from Santa Clara. Their case number is 21CV390222. (Filing fee $402 receipt number ACANDC-16856131). Filed byAcuity Mutual Insurance Company. (Attachments: #1 Exhibit Exhibit A - Summons & Complaint)(Rivera, Lynn) (Filed on 1/31/2022)
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