Garrison Property and Casualty Insurance Co. v. Steven Biakanja et al
Plaintiff: USAA and Garrison Property and Casualty Insurance Co. doing business as The United States Automobile Association
Defendant: Steven Biakanja, The Estate of Lisa Biakanja by and through its co-administrators, Kenneth M. McIntire and Joan McIntire, individually and on behalf of all wrongful death beneficiaries of Lisa Biakanja, Deceased, Joan McIntire, individually and on behalf of all wrongful death beneficiaries of Lisa Biakanja, Deceased, California Department of Transportation, Joan McIntire and Kenneth M. McIntire
Case Number: 5:2023cv05612
Filed: October 31, 2023
Court: US District Court for the Northern District of California
Presiding Judge: Nathanael M Cousins
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 2201 Declaratory Judgement (Insurance)
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on December 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 15, 2023 Filing 18 ANSWER to Amended Complaint , ANSWER to Complaint with Jury Demand by Joan McIntire. (Attachments: #1 Certificate/Proof of Service Proof of Service, #2 Signature Page (Declarations/Stipulations) Signature page)(McIntire, Kenneth) (Filed on 12/15/2023)
December 15, 2023 Filing 17 ANSWER to Amended Complaint , ANSWER to Complaint with Jury Demand by The Estate of Lisa Biakanja by and through its co-administrators, Kenneth M. McIntire and Joan McIntire, individually and on behalf of all wrongful death beneficiaries of Lisa Biakanja, Deceased. (Attachments: #1 Certificate/Proof of Service proof of service)(McIntire, Kenneth) (Filed on 12/15/2023)
December 15, 2023 Filing 16 ANSWER to Complaint with Jury Demand by Kenneth M. McIntire. (Attachments: #1 Certificate/Proof of Service certificate of service)(McIntire, Kenneth) (Filed on 12/15/2023)
December 8, 2023 Filing 15 SUMMONS Returned Executed by USAA, Garrison Property and Casualty Insurance Co.. Joan McIntire served on 12/6/2023, answer due 12/27/2023; Kenneth M. McIntire served on 12/1/2023, answer due 12/22/2023. (Tooth, Laurence) (Filed on 12/8/2023)
November 29, 2023 Filing 14 Summons Issued as to Joan McIntire, Kenneth M. McIntire. (anj, COURT STAFF) (Filed on 11/29/2023)
November 28, 2023 Filing 13 WAIVER OF SERVICE Returned Executed filed by USAA, Garrison Property and Casualty Insurance Co.. Service waived by Steven Biakanja waiver sent on 11/6/2023, answer due 1/5/2024. (Tooth, Laurence) (Filed on 11/28/2023)
November 28, 2023 Filing 12 Proposed Summons. (Tooth, Laurence) (Filed on 11/28/2023)
November 22, 2023 Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by USAA.. (Tooth, Laurence) (Filed on 11/22/2023)
November 21, 2023 Filing 10 CLERK'S NOTICE RE: Consent or Declination. Plaintiff is requested to 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 12/5/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 11/21/2023)
November 21, 2023 Filing 9 AMENDED COMPLAINT FOR DECLARATORY JUDGMENT against Joan McIntire, individually and on behalf of all wrongful death beneficiaries of Lisa Biakanja, Deceased, Steven Biakanja, The Estate of Lisa Biakanja by and through its co-administrators, Kenneth M. McIntire and Joan McIntire, individually and on behalf of all wrongful death beneficiaries of Lisa Biakanja, Deceased. Filed by USAA. (Attachments: #1 Exhibit Ex. A, Creditor's Claim, #2 Exhibit Ex. B, Parenting Schedule Information, #3 Exhibit Ex. C, CalTran Cross-Complaint against Biakanja Estate and Estate Complaint, #4 Exhibit Ex. D, USAA Auto Policy (Biakanja))(Tooth, Laurence) (Filed on 11/21/2023)
November 21, 2023 Filing 8 NOTICE of Voluntary Dismissal OF DEFENDANT, CALIFORNIA DEPARTMENT OF TRANSPORTATION AND OF AMENDMENT TO COMPLAINT FOR DECLARATORY JUDGMENT by USAA (Tooth, Laurence) (Filed on 11/21/2023)
November 3, 2023 Opinion or Order Filing 7 ORDER GRANTING #6 Application for Admission of Attorney Dora C. Lee Pro Hac Vice representing USAA. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 11/3/2023)
November 3, 2023 Filing 6 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18806018.) filed by USAA. (Lee, Dora) (Filed on 11/3/2023)
November 2, 2023 Opinion or Order Filing 5 ORDER GRANTING #4 Application for Admission of Attorney Lawrence J.W. Tooth Pro Hac Vice representing USAA. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 11/2/2023)
November 1, 2023 Filing 4 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18797377.) filed by USAA. (Tooth, Laurence) (Filed on 11/1/2023)
October 31, 2023 Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/24/2024. Initial Case Management Conference set for 1/31/2024 10:00 AM in San Jose, Courtroom 5, 4th Floor. (cjl, COURT STAFF) (Filed on 10/31/2023)
October 31, 2023 Filing 2 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 11/14/2023. (bar, COURT STAFF) (Filed on 10/31/2023)
October 31, 2023 Filing 1 COMPLAINT FOR DECLARATORY JUDGMENT (no process) against California Department of Transportation, Joan McIntire, individually and on behalf of all wrongful death beneficiaries of Lisa Biakanja, Deceased, Steven Biakanja, The Estate of Lisa Biakanja by and through its co-administrators, Kenneth M. McIntire and Joan McIntire, individually and on behalf of all wrongful death beneficiaries of Lisa Biakanja, Deceased ( Filing fee $ 402, receipt number ACANDC-18792521.). Filed by USAA. (Attachments: #1 Exhibit Ex. A, Creditor's Claim, #2 Exhibit Ex. B, Parenting Schedule Information, #3 Exhibit Ex. C, CalTran Cross-Complaint against Biakanja Estate and Estate Complaint, #4 Exhibit Ex. D, USAA Auto Policy (Biakanja), #5 Civil Cover Sheet)(Rubin, G) (Filed on 10/31/2023) Modified on 10/31/2023 (cjl, COURT STAFF).

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Search for this case: Garrison Property and Casualty Insurance Co. v. Steven Biakanja et al
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Plaintiff: USAA
Represented By: Laurence James William Tooth
Represented By: G David Rubin
Represented By: Dora Claire Lee
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Plaintiff: Garrison Property and Casualty Insurance Co. doing business as The United States Automobile Association
Represented By: Laurence James William Tooth
Represented By: G David Rubin
Represented By: Dora Claire Lee
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Defendant: Steven Biakanja
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Defendant: The Estate of Lisa Biakanja by and through its co-administrators, Kenneth M. McIntire and Joan McIntire, individually and on behalf of all wrongful death beneficiaries of Lisa Biakanja, Deceased
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Defendant: Joan McIntire, individually and on behalf of all wrongful death beneficiaries of Lisa Biakanja, Deceased
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Defendant: California Department of Transportation
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Defendant: Joan McIntire
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Defendant: Kenneth M. McIntire
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