Mitchell et al v. USAA Casualty Insurance Company
Plaintiff: Stephen R. Mitchell and Irene Mitchell
Defendant: USAA Casualty Insurance Company, United States Automobile Association and United Services Automobile Association
Case Number: 1:2022cv03234
Filed: August 15, 2022
Court: US District Court for the Northern District of Georgia
Presiding Judge: Leigh Martin May
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1446 Breach of Contract- Insurance
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 12, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 12, 2022 Filing 18 Proposed JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by USAA Casualty Insurance Company. (Bingham, William)
October 6, 2022 Opinion or Order Filing 17 ORDER TO SHOW CAUSE: The parties are hereby ORDERED to file the Joint Preliminary Report and Discovery Plan required by Local Rule 16.2 within 14 days of entry of this Order, or SHOW CAUSE why this case should not be dismissed pursuant to LR 41.3. Signed by Judge Leigh Martin May on 10/6/2022. (kxm)
September 19, 2022 Filing 16 Initial Disclosures by USAA Casualty Insurance Company.(Bingham, William)
September 19, 2022 Filing 15 ANSWER to #3 Amended Complaint by USAA Casualty Insurance Company. Discovery ends on 2/16/2023.(Bingham, William) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 9, 2022 Opinion or Order Filing 14 ORDER granting #13 Motion for Extension of Time for Filing the Parties' Joint Preliminary Report and Discovery Plan. The Parties will have until 9/26/2022 to file their Joint Preliminary Report and Discovery Plan in this action. Signed by Judge Leigh Martin May on 9/9/2022. (kxm)
September 9, 2022 Filing 13 Joint MOTION for Extension of Time for Filing the Parties' Joint Preliminary Report and Discovery Plan by USAA Casualty Insurance Company. (Attachments: #1 Text of Proposed Order)(Bingham, William)
September 6, 2022 Filing 12 *DOCKETED ERRONEOUSLY* CLERK'S JUDGMENT dismissing action (jra)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- Modified on 9/6/2022 (jra).
September 6, 2022 Opinion or Order Filing 11 ORDER: The Court presumes that Plaintiffs have abandoned the claim for attorney's fees and expenses of litigation under O.C.G.A. 13-6-11 and GRANTS the motion to dismiss the claim #8 as unopposed. Signed by Judge Leigh Martin May on 9/6/2022. (jra)
September 6, 2022 *DOCKETED ERRONEOUSLY* Civil Case Terminated. (jra) Modified on 9/6/2022 (jra).
September 6, 2022 Submission of #8 MOTION to Dismiss and Incorporated Memorandum of Law to District Judge Leigh Martin May. (bnp)
August 24, 2022 Filing 10 RESPONSE re #9 Order,,, Set Submission Deadline,, filed by USAA Casualty Insurance Company. (Attachments: #1 Exhibit A - Residence Confirmation email)(Bingham, William)
August 18, 2022 Opinion or Order Filing 9 ORDER: Defendant is ORDERED to state facts establishing Plaintiffs' citizenships within 10 days of the entry of this Order. Failure to do so shall result in remand of this action. If Defendant does not have Plaintiffs information in its possession, custody, or control, then Plaintiffs are ORDERED to provide Defendant with the relevant information upon request. The Clerk is DIRECTED to resubmit the matter to the undersigned 11 days after the entry of this Order. Signed by Judge Leigh Martin May on 8/18/2022. (kxm)
August 18, 2022 Filing 8 MOTION to Dismiss and Incorporated Memorandum of Law with Brief In Support by USAA Casualty Insurance Company. (Bingham, William)
August 18, 2022 Filing 7 RESPONSE re #6 Order,,, Set Submission Deadline,, filed by USAA Casualty Insurance Company. (Attachments: #1 Exhibit A - Certifeid Policy)(Bingham, William)
August 17, 2022 Opinion or Order Filing 6 ORDER: Defendant is ORDERED to state facts establishing Plaintiffs' citizenships within 10 days of the entry of this Order. Failure to do so may result in remand of this action. If Defendant does not have Plaintiffs' information in its possession, custody, or control, then Plaintiffs are ORDERED to provide Defendant with the relevant information upon request. The Clerk is DIRECTED to resubmit the matter to the undersigned 11 days after the entry of this Order. Signed by Judge Leigh Martin May on 8/17/2022. (kxm)
August 16, 2022 Opinion or Order Filing 5 STANDING ORDER REGARDING CIVIL LITIGATION Signed by Judge Leigh Martin May on 8/16/2022. (bnp)
August 16, 2022 Filing 4 Certificate of Interested Persons and Corporate Disclosure Statement by USAA Casualty Insurance Company identifying Corporate Parent United Services Automobile Association for USAA Casualty Insurance Company.(Bingham, William) Modified on 8/17/2022 (kxm).
August 15, 2022 Filing 3 Corrected-AMENDED COMPLAINT against USAA Casualty Insurance Company with Jury Demand filed by Stephen R. Mitchell, Irene Mitchell. (Originally Filed at the State Court of Gwinnett County on 8/12/2022.)(ane) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
August 15, 2022 Filing 2 AMENDED COMPLAINT against United Services Automobile Association with Jury Demand filed by Stephen R. Mitchell, Irene Mitchell. (originally filed at the State Court of Gwinnett County on 7/5/2022).(ane) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
August 15, 2022 Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by USAA Casualty Insurance Company. (Filing fee $ 402 receipt number AGANDC-11995523) (Attachments: #1 Exhibit A - Court Record, #2 Exhibit B - Notice of Filing Notice of Removal (For State Court), #3 Civil Cover Sheet)(ane) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.

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Plaintiff: Stephen R. Mitchell
Represented By: Ralph J. Villani
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Plaintiff: Irene Mitchell
Represented By: Ralph J. Villani
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Defendant: USAA Casualty Insurance Company
Represented By: Lee Whatling
Represented By: William Shawn Bingham
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Defendant: United States Automobile Association
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Defendant: United Services Automobile Association
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