Avery v. United Service Automobile Association
| Jay A. Avery |
| United Service Automobile Association |
| 1:2025cv00899 |
| July 18, 2025 |
| U.S. District Court for the District of Delaware |
| Maryellen Noreika |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 29, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 ACKNOWLEDGMENT OF RECEIPT by NCC Prothonotary of #25 Letter. (mdb) |
| Filing 25 Letter to Prothonotary for Superior Court of New Castle County, Delaware from Clerk enclosing Memorandum Order and docket sheet for remand - re #24 Memorandum Order. (mdb) |
Filing 24
MEMORANDUM ORDER GRANTING #4 MOTION to Remand to State Court - IT IS HEREBY ORDERED that Defendant's Motion for Remand is GRANTED and this matter is REMANDED to the Superior Court of the State of Delaware in and for New Castle County. Plaintiff's subsequently filed motions (D.I. 6, 7, 8, 9, 12, and 15) are DENIED as moot. ***Civil Case Terminated. Signed by Judge Maryellen Noreika on 10/20/2025. ***Copy mailed to Pro Se Plaintiff 10/20/2025*** (dlw)
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| Filing 23 REPLY to Response to Motion re #4 MOTION to Remand to State Court filed by United Service Automobile Association. (Attachments: #1 Certificate of Service)(Chasanov, Shae) |
| Filing 22 RESPONSE to D.I. #4 MOTION to Remand to State Court and Response to Defendant's Notice of Motion to Dismiss - filed by Jay A. Avery. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Certificate of Service)(slk) |
| Filing 21 Response to #20 Plaintiff's Request for Judicial Notice by United Service Automobile Association. (Attachments: #1 Certificate of Service)(Chasanov, Shae) Modified on 8/26/2025 (dlw). |
| Filing 20 Judicial Notice Regarding Proper Party Naming, Service, and Preservation of Rights- filed by Jay A. Avery (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(scs) |
| Filing 19 RESPONSE to Motion re #12 MOTION for Procedural Clarification and Protection, #15 MOTION Caption filed by United Service Automobile Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service)(Chasanov, Shae) Modified on 8/15/2025 (dlw). |
| Filing 18 ACKNOWLEDGMENT OF RECEIPT of Rule 4 Documents. Acknowledgment filed by Jay A. Avery. (cdd) |
| Filing 17 ACKNOWLEDGMENT OF RECEIPT of Magistrate Consent Documents. Acknowledgment filed by Jay A. Avery. (cdd) |
| Filing 16 COMPREHENSIVE CERTIFICATE OF SERVICE by Jay A. Avery (cdd) |
| Filing 15 MOTION to Amend Caption - filed by Jay A. Avery. (Attachments: #1 Certificate of Service)(slk) |
| Filing 14 Plaintiff's Opposition to Defendant's D.I. #11 NOTICE of Motion to Dismiss Filed in State Court by Jay A. Avery. (Attachments: #1 Certificate of Service)(slk) |
| Filing 13 Judicial Notice in Support of #12 Emergency MOTION for Procedural Clarification and Protection - filed by Jay A. Avery. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(jfm) |
| Filing 12 Emergency MOTION for Procedural Clarification and Protection - filed by Jay A. Avery. (Attachments: #1 Certificate of Service)(jfm) |
| Filing 11 NOTICE of Motion to Dismiss Filed In State Court by United Service Automobile Association re #4 MOTION to Remand to State Court (Attachments: #1 Exhibit, #2 Certificate of Service)(Chasanov, Shae) |
| Filing 10 RESPONSE to Motion re #9 MOTION for Permission to File Electronically, #7 MOTION for Expedited Consideration of Motion to Compel Early Target Discovery, #6 MOTION to Compel, #8 MOTION to Reaffirm Scope of Prior Motion to Compel and Expedited Consideration filed by United Service Automobile Association. (Attachments: #1 Certificate of Service)(Chasanov, Shae) |
| CORRECTING ENTRY: Replaced D.I. #8 with correct pleading. Initial pleading filed in error. (mrr) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (alb) |
| Filing 9 MOTION for Permission to File Electronically - filed by Jay A. Avery. (mrr) |
| Filing 8 MOTION to Reaffirm Scope of Prior Motion to Compel and Expedited Consideration - filed by Jay A. Avery. (mrr) |
| Filing 7 MOTION for Expedited Consideration of #6 Motion to Compel Early Target Discovery - filed by Jay A. Avery. (mrr) |
| Filing 6 MOTION to Compel - filed by Jay A. Avery. (Attachments: #1 Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Text of Proposed Order)(mrr) |
| Filing 5 AMENDED COMPLAINT against United Service Automobile Association- filed by Jay A. Avery.(mrr) |
| Filing 4 MOTION to Remand to State Court - filed by United Service Automobile Association. (Attachments: #1 Notice of Motion, #2 Text of Proposed Order, #3 Certificate of Service)(Chasanov, Shae) |
| Filing 3 CERTIFICATE of Service for Notice of Removal (D.I. #1 ), by United Service Automobile Association. (Chasanov, Shae) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mpb) |
| Filing 1 NOTICE OF REMOVAL and copies of documents from DE Superior Court, Case Number N25C-06-128 SKR (Filing fee $405, receipt number ADEDC-4737242)- filed by United Service Automobile Association. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(mpb) |
| DEFICIENCY NOTICE by the Court issued to Defendant re #1 Notice of Removal. Upon review it was noted this filing did not contain a certificate of service providing proof that pro se Plaintiff Jay A. Avery was served (see Local Rule 5.2(b)(1). Counsel for Defendant is requested to supplement the docket with a certificate of service for the Notice of Removal. (nms) |
| DEFICIENCY NOTICE issued by the Court to Defendant: Pursuant to Fed. R. Civ. P. 7.1 (b)(1), A party must: (1) file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Counsel is requested to supplement the docket with an appropriate Rule 7.1 Disclosure Statement. (mpb) |
| Remark: A Magistrate Consent Form, Acknowledgment of Receipt of Magistrate Consent Form, Pro-Se Privacy Notice, Rule 4 Pack, Acknowledgment of Receipt of Rule 4, a blank summons have been mailed to the Plaintiff. (mpb) |
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| Plaintiff: Jay A. Avery | |
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| Defendant: United Service Automobile Association | |
| Represented By: | Shae Lyn Chasanov |
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