State Farm Mutual Automobile Insurance Company, Inc., v. Smith et al
| State Farm Mutual Automobile Insurance Company, Inc., |
| Bain Smith and Vincent Beardsley |
| 5:2023cv03922 |
| August 4, 2023 |
| US District Court for the Northern District of California |
| Beth Labson Freeman |
| Susan van Keulen |
| Insurance |
| 28 U.S.C. § 2201 Declaratory Judgement (Insurance) |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.
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Filing 26
ORDER ADMONISHING DEFENDANT REGARDING COMPLIANCE WITH STANDING ORDERS. Signed by Judge Beth Labson Freeman on 9/22/2023. (blflc3, COURT STAFF) (Filed on 9/22/2023)
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Filing 25
ORDER GRANTING #24 STIPULATION TO EXTEND TIME FOR DEFENDANT SMITH TO RESPOND TO COMPLAINT, AND EXTEND TIME FOR OPPOSITION AND REPLY TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. Signed by Judge Beth Labson Freeman on 9/21/2023. (blflc3, COURT STAFF) (Filed on 9/21/2023)
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| Filing 24 STIPULATION WITH PROPOSED ORDER to Extend time for Defendant Smith to Respond to Complaint and Extend time for Opposition and Reply to Plaintiff's Motion for Summary Judgment re #13 Notice of Motion and Motion for Summary Judgment, #20 Certificate of Service, filed by State Farm Mutual Automobile Insurance Company, Inc., Vincent Beardsley and Bain Smith. (Keller, Ryan) (Filed on 9/21/2023) Modified on 9/22/2023 (anj, COURT STAFF). |
| Filing 23 REPLY (re #12 MOTION to Dismiss [FRCP, Rule 12(b)(6) ) filed by Vincent Beardsley. (Simon, Brandon) (Filed on 9/21/2023) Modified on 9/22/2023 (anj, COURT STAFF). |
| Filing 22 NOTICE of Appearance by Travis Davis (Davis, Travis) (Filed on 9/18/2023) |
| #Electronic filing error. NOTICE TO COUNSEL: Counsel must file their own Notice of Appearance using their own ECF Profiles to appear on the docket. This filing will not be processed by the clerks office. Please re-file in its entirety. Re: #21 Notice of Appearance filed by Vincent Beardsley (anj, COURT STAFF) (Filed on 9/18/2023) |
| Filing 21 NOTICE of Appearance by Brandon Joseph Simon Travis E. Davis (Simon, Brandon) (Filed on 9/15/2023) |
| Filing 20 PROOF OF SERVICE by State Farm Mutual Automobile Insurance Company, Inc., re #1 Complaint, #14 Declaration in Support, #6 Initial Case Management Scheduling Order with ADR Deadlines, 10 Clerk's Notice,, Set Motion and Deadlines/Hearings, #13 Notice of Motion and Motion for Summary Judgment , #12 MOTION to Dismiss [FRCP, Rule 12(b)(6), #2 Proposed Summons, #9 Order Reassigning Case,,, Case Assigned/Reassigned,, 4 Case Assigned by Intake,, 8 Clerk's Notice of Impending Reassignment - Text Only,, #7 Consent/Declination to Proceed Before a US Magistrate Judge, #5 Summons Issued, #3 Certificate of Interested Entities (Keller, Ryan) (Filed on 9/15/2023) Modified on 9/18/2023 (anj, COURT STAFF). |
| #Electronic filing error. Incorrect Court listed in header of document. Please correct filing noting the correct court (The Northern District of California).This filing will not be processed by the clerks office. Please re-file in its entirety. Re: #18 Notice of Appearance filed by Vincent Beardsley (anj, COURT STAFF) (Filed on 9/15/2023) |
| Filing 19 OPPOSITION/RESPONSE (re #12 MOTION to Dismiss [FRCP, Rule 12(b)(6) ) filed byState Farm Mutual Automobile Insurance Company, Inc.,. (Keller, Ryan) (Filed on 9/14/2023) |
| Filing 18 NOTICE of Appearance by Brandon Joseph Simon Travis E. Davis (Simon, Brandon) (Filed on 9/14/2023) |
| Filing 17 CLERK'S NOTICE RESETTING MOTION FOR SUMMARY JUDGMENT HEARING.Motion Hearing as to #13 Notice of Motion and Motion for Summary Judgment reset for 2/8/2024 09:00 AM before Judge Beth Labson Freeman. Deadlines currently set for this motion remain.The Pending Motion to Dismiss and Hearing remain as currently set. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Filed on 9/14/2023) |
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Filing 16
ORDER ADVISING PLAINTIFF OF STANDING ORDER. Signed by Judge Beth Labson Freeman on 9/14/2023. (blflc3, COURT STAFF) (Filed on 9/14/2023)
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| Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Vincent Beardsley.. (Simon, Brandon) (Filed on 9/12/2023) |
| Filing 14 Declaration of Michelle Stevens-Hudson in Support of #13 MOTION for Summary Judgment filed byState Farm Mutual Automobile Insurance Company, Inc.,. (Related document(s) #13 ) (Keller, Ryan) (Filed on 9/8/2023) |
| Filing 13 Notice of Motion and Motion for Summary Judgment filed by State Farm Mutual Automobile Insurance Company, Inc.,. Motion Hearing set for 1/25/2024 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 9/22/2023. Replies due by 9/29/2023. (Attachments: #1 Supplement Memorandum of Points & Authorities ISO Motion for Summary Judgment, #2 Declaration of Michelle Stevens-Hudson In Support of Motion for Summary Judgment, #3 Proposed Order Granting Motion for Summary Judgment)(Keller, Ryan) (Filed on 9/8/2023) Modified on 9/11/2023 (anj, COURT STAFF). |
| Filing 12 MOTION to Dismiss [FRCP, Rule 12(b)(6) filed by Vincent Beardsley. Motion Hearing set for 1/25/2024 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 9/14/2023. Replies due by 9/21/2023. (Attachments: #1 Declaration of Travis Davis, esq. in support of defendant Vincent Beardsleys motion to dismiss, #2 defendant Vincent Beardsleys memorandum of points and authorities in support of motion to dismiss, #3 defendant Vincent Beardsleys request for judicial notice in support of motion to dismiss, #4 proposed order granting defendant Vincent Beardsleys notice of motion to dismiss [FRCP, RULE 12(b)(6)])(Simon, Brandon) (Filed on 8/31/2023) Modified on 9/1/2023 (anj, COURT STAFF). |
| Filing 11 SUMMONS Returned Executed by State Farm Mutual Automobile Insurance Company, Inc.,. Vincent Beardsley served on 8/11/2023, answer due 9/1/2023. (Keller, Ryan) (Filed on 8/14/2023) |
| Filing 10 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT. Case Management Statement due by 11/9/2023. Initial Case Management Conference set for 11/16/2023 11:00 AM before Judge Beth Labson Freeman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Filed on 8/10/2023) |
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Filing 9
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 Susan van Keulen remains as referral judge assigned to case. Reassignment Order signed by Clerk on 8/9/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 8/9/2023)
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| Filing 8 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 AND WILL 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. (lmh, COURT STAFF) (Filed on 8/9/2023) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by State Farm Mutual Automobile Insurance Company, Inc.,.. (Keller, Ryan) (Filed on 8/8/2023) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/31/2023. Initial Case Management Conference set for 11/7/2023 09:30 AM in San Jose, Courtroom 6, 4th Floor. (jml, COURT STAFF) (Filed on 8/7/2023) |
| Filing 5 Summons Issued as to Vincent Beardsley, Bain Smith. (jml, COURT STAFF) (Filed on 8/7/2023) |
| Filing 4 Case assigned to Magistrate Judge Susan van Keulen. 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 8/18/2023. (bar, COURT STAFF) (Filed on 8/4/2023) |
| Filing 3 Certificate of Interested Entities by State Farm Mutual Automobile Insurance Company, Inc., (Keller, Ryan) (Filed on 8/4/2023) |
| Filing 2 Proposed Summons. (Keller, Ryan) (Filed on 8/4/2023) |
| Filing 1 COMPLAINT FOR DECLARATORY RELIEF; and JURY DEMAND against Vincent Beardsley, Bain Smith ( Filing fee $ 402, receipt number ACANDC-18515866.). Filed byState Farm Mutual Automobile Insurance Company, Inc.,. (Attachments: #1 Civil Cover Sheet)(Keller, Ryan) (Filed on 8/4/2023) |
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