Safranek et al v. Nat'l Gen'l Ins. Co. et al
| David Safranek and Darci Safranek |
| Melvin Green IV, National General Insurance Company, USAA Casualty Insurance Company and Imperial Fire and Casualty Insurance Company |
| 3:2020cv00198 |
| April 1, 2020 |
| US District Court for the Middle District of Louisiana |
| Brian A Jackson |
| Erin Wilder-Doomes |
| Insurance |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on September 30, 2021. A more recent docket listing may be available from PACER.
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| Filing 39 JUDGMENT: This action is dismissed with prejudice, with each party to bear its own costs. Signed by Judge Brian A. Jackson on 9/30/2021. (DCB) |
| Filing 38 Motion to Dismiss/ Joint STIPULATION of Dismissal by Darci Safranek, David Safranek. (Attachments: #1 Proposed Pleading; Order)(Mitchell, Jonathan) Modified on 9/29/2021 to edit text and event type (ELW). |
Filing 37
GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order Signed by Chief Judge Shelly D. Dick on 7/8/2019. (ELW)
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Filing 36
ORDER OF DISMISSAL: This action is hereby DISMISSED without prejudice to the right, upon good cause shown within sixty (60) days, to reopen the action if the settlement is not consummated. Signed by Judge Brian A. Jackson on 8/18/2021. (ELW)
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| Filing 35 NOTICE of Settlement by Darci Safranek, David Safranek (Mitchell, Jonathan) |
| Filing 34 Notice to Counsel: The Scheduling Conference set for 7/22/2021 is CANCELED at this time pending review of the #33 Joint Status Report. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
| Filing 33 Joint STATUS REPORT by All Plaintiffs. (Mitchell, Jonathan) |
| Filing 32 R. Doc. 32 no longer exists. Entered in error by case manager. (This is is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR) Modified on 6/8/2021 (BLR). |
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Filing 31
SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 7/22/2021 at 03:30 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 7/8/2021. Signed by Magistrate Judge Erin Wilder-Doomes on 6/8/2021. (BLR)
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Filing 30
RULING AND ORDER Adopting #28 Report and Recommendation of the U.S. Magistrate Judge. Plaintiffs #16 Motion to Remand is DENIED. Plaintiffs request to sever and remand non-class claims is DENIED. IT IS FURTHER ORDERED that this matter is referred back to the Magistrate Judge for a scheduling conference. Signed by Judge Brian A. Jackson on 3/12/2021. (KMW)
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Filing 29
ORDER granting #25 Motion for Voluntary Partial Dismissal, all claims against Defendant Melvin Green, IV are DISMISSED WITH PREJUDICE. Signed by Judge Brian A. Jackson on 3/2/2021. (SWE)
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| Filing 28 REPORT AND RECOMMENDATIONS regarding #16 MOTION to Remand filed by Darci Safranek, David Safranek. It is the recommendation of the Magistrate Judge that the #16 Motion to Remand, filed by Plaintiffs Bruce David Andrew Safranek and Darci Felder Safranek, individually, and on behalf of their minor children, be DENIED as the Notice of Removal was timely filed, the requirements of CAFA have been established, and none of the CAFA abstention exceptions are inapplicable. Plaintiffs' request to sever and remand non-class claims be DENIED. In the event this Recommendation is adopted, that the matter be referred for a scheduling conference. Objections to R&R due by 3/11/2021. Signed by Magistrate Judge Erin Wilder-Doomes on 2/25/2021. (EDC) |
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Filing 27
ORDER granting #26 MOTION to Substitute Voluntary Order of Dismissal filed by Darci Safranek, David Safranek. Signed by Judge Brian A. Jackson on 7/17/2020. (KMW)
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| Filing 26 MOTION to Substitute Motion and Order for Voluntary Partial Dismissal by All Plaintiffs. (Attachments: #1 Exhibit incorrect Motion, #2 Exhibit incorrect Order, #3 Exhibit corrected Motion, #4 Exhibit corrected Order, #5 Proposed Pleading; Order Granting Substitution)(Manning, Joseph) |
| Filing 25 MOTION for Voluntary Partial Dismissal by All Plaintiffs. (Attachments: #1 Proposed Pleading; Order of Voluntary Partial Dismissal)(Manning, Joseph) Modified on 6/30/2020 to edit the docket text (KMW). (Main Document 25 replaced on 7/20/2020 in accordance with record document 27) (KMW). |
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Filing 24
ORDER granting #21 Motion to Withdraw Attorney Brian A. Richie. Signed by Magistrate Judge Erin Wilder-Doomes on 6/22/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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Filing 23
ORDER: As referenced in the Court's 22 June 16, 2020 Order, Plaintiffs David and Darci Safranek's claims against Defendants Imperial Fire and Casualty Ins. Co. ("Imperial") and National General Ins. Co. ("National General") were dismissed with prejudice by order of the 19th Judicial District Court on May 15, 2019, nearly a year before removal of the case to this Court. See R. Doc. 21-2, p. 2. No party has filed a Notice indicating an opposition to the termination of Imperial and National General. Accordingly, IT IS ORDERED that Imperial Fire and Casualty Ins. Co. and National General Ins. Co. are TERMINATED as defendants in this proceeding. Signed by Magistrate Judge Erin Wilder-Doomes on 6/22/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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Filing 22
NOTICE AND ORDER: The pleadings attached to the #21 Motion for Byron A. Richie to Withdraw as Attorney for Defendants Imperial Fire and Casualty Ins. Co. ("Imperial") and National General Ins. Co. ("National General") reflect that Plaintiffs' claims against Imperial and National General were dismissed with prejudice by order of the 19th Judicial District Court on May 15, 2019, nearly a year before removal of the case to this Court. See R. Doc. 21-2, p. 2. Accordingly, by no later than June 19, 2020, any party who opposes the termination of Imperial and National General as defendants in this matter shall file a Notice with the Court indicating their opposition. If no opposition is timely filed, Imperial and National General shall be terminated as defendants in this suit. Signed by Magistrate Judge Erin Wilder-Doomes on 6/16/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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| MOTION(S) REFERRED: #21 MOTION for Byron A. Richie to Withdraw as Attorney . This motion is now pending before the USMJ. (LT) |
| Filing 21 MOTION for Byron A. Richie to Withdraw as Attorney by Imperial Fire and Casualty Insurance Company, National General Insurance Company. (Attachments: #1 Proposed Pleading;, #2 Exhibit)(Richie, Byron) |
| Filing 20 RESPONSE in Opposition to #16 MOTION to Remand filed by USAA Casualty Insurance Company. (Attachments: #1 Exhibit 1 - Affidavit of Gregory Moroux, Jr., #2 Exhibit 2 - Affidavit of Leigh Creasman)(Grant, Ashlee) |
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Filing 19
ORDER granting #18 Unopposed Motion for Extension of Time to Respond to Plaintiff's #16 MOTION to Remand. For good cause shown, USAA Casualty Insurance Company's response to the Motion to Remand shall be filed by no later than June 5, 2020. Signed by Magistrate Judge Erin Wilder-Doomes on 05/08/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD)
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| MOTION(S) REFERRED: #18 Unopposed MOTION for Extension of Time to File Response to #16 MOTION to Remand . This motion is now pending before the USMJ. (KMW) |
| Filing 18 Unopposed MOTION for Extension of Time to File Response to #16 MOTION to Remand by USAA Casualty Insurance Company. (Attachments: #1 Attachment proposed Order Granting Unopposed Motion for Extension of Time to File Response)(Grant, Ashlee) |
| Filing 17 Notice to Counsel: In light of the pending #16 Motion to Remand, the Scheduling Conference set for 5/28/2020 is CANCELED. No status report is due at this time. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) |
| MOTION(S) REFERRED: #16 MOTION to Remand . This motion is now pending before the USMJ. (ELW) |
| Filing 16 MOTION to Remand by All Plaintiffs. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading; Order)(Mitchell, Jonathan) |
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Filing 15
ORDER: In light of the #14 Answer filed by Defendant USAA Casualty Insurance Company, USAA's #7 Motion for Extension is DENIED AS MOOT. Signed by Magistrate Judge Erin Wilder-Doomes on 4/9/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| Filing 14 ANSWER to Complaint Plaintiffs' Fourth Supplemental and Amending Petition by USAA Casualty Insurance Company.(Grant, Ashlee) |
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Filing 13
ORDER granting #11 and #12 Motions for Michael Edward Mumford and Anthony Bernard Ponikvar to Appear Pro Hac Vice. Signed by Magistrate Judge Erin Wilder-Doomes on 4/8/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| MOTION(S) REFERRED: #11 MOTION for Michael Edward Mumford to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number BLAMDC-2098749). This motion is now pending before the USMJ. (LT) |
| MOTION(S) REFERRED: #12 MOTION for Anthony Bernard Ponikvar to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2098754). This motion is now pending before the USMJ. (LT) |
| Filing 12 MOTION for Anthony Bernard Ponikvar to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2098754) by USAA Casualty Insurance Company. (Attachments: #1 Exhibit 1 -- Certificate of Good Standing, #2 Exhibit 2 -- Certification of Anthony Bernard Ponikvar, #3 Exhibit 3 -- Oath of Anthony Bernard Ponikvar, #4 Attachment Proposed Order)(Grant, Ashlee) |
| Filing 11 MOTION for Michael Edward Mumford to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number BLAMDC-2098749) by USAA Casualty Insurance Company. (Attachments: #1 Exhibit 1 -- Certificate of Good Standing, #2 Exhibit 2 -- Certification of Michael Edward Mumford, #3 Exhibit 3 -- Oath of Michael Edward Mumford, #4 Attachment Proposed Order)(Grant, Ashlee) |
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Filing 10
ORDER: Scheduling Conference set for 5/28/2020 at 01:30 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 5/14/2020.. Signed by Magistrate Judge Erin Wilder-Doomes on 4/6/2020. (KMW)
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Filing 9
ORDER: It is ORDERED that, on or before April 8, 2020, Plaintiffs David and Darci Safranek shall file a Notice with the Court indicating whether Plaintiff opposes the #7 Motion for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Fourth Supplemental and Amending Petition filed by Defendant USAA Casualty Insurance Company. In the event Plaintiffs oppose the Motion for Extension, Plaintiffs opposition shall be filed within normal briefing delays. Signed by Magistrate Judge Erin Wilder-Doomes on 4/3/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
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Filing 8
ORDER granting #6 MOTION to Substitute Case Caption and Notice of Removal. The clerk shall replace R. Doc. 1 with 6-1 pp. 2-7. Signed by Magistrate Judge Erin Wilder-Doomes on 4/3/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
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| MOTION(S) REFERRED: #7 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Fourth Supplemental and Amending Petition. This motion is now pending before the USMJ. (SWE) |
| Filing 7 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiffs' Fourth Supplemental and Amending Petition by USAA Casualty Insurance Company. (Attachments: #1 Attachment proposed Order)(Grant, Ashlee) |
| Filing 6 MOTION to Substitute Case Caption and Notice of Removal by USAA Casualty Insurance Company. (Attachments: #1 Exhibit A, #2 Attachment proposed Order)(Grant, Ashlee) |
| Filing 5 Letter to Attorney William C. Rower regarding Leonard Penzo who is Co-Counsel for party David Safranek and Darci Safranek, individually and on behalf of their children, Evan Safranek and Elise Safranek. Attorney is not admitted to practice in LAMD. (LT) |
| Filing 4 Letter to Attorney Byron A. Riche regarding Patrick Woolbert who is Co-Counsel for party National General Insurance Company and Imperial Fire and Casualty Insurance Company. Attorney is not admitted to practice in LAMD. (LT) |
| MOTION(S) REFERRED: #6 MOTION to Substitute Case Caption and Notice of Removal . This motion is now pending before the USMJ. (ELW) |
| Filing 3 Corporate Disclosure Statement by USAA Casualty Insurance Company identifying Corporate Parent USAA for USAA Casualty Insurance Company.. (Grant, Ashlee) |
| Filing 2 NOTICE of Filing of Notice of Filing of Notice of Removal by USAA Casualty Insurance Company re #1 Notice of Removal,, (Grant, Ashlee) |
| Filing 1 NOTICE OF REMOVAL from 19th Court of East Baton Rouge Parish, Case Number 665835. (Filing fee $ 400 receipt number ALAMDC-2096501), filed by USAA Casualty Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D-1 thru D-7, #5 Exhibit D-8, #6 Exhibit D-9 thru D-22, #7 Exhibit D-23 thru D-40, #8 Exhibit D-41 thru D-42, #9 Exhibit D-43 thru D-63, #10 Exhibit D-64 thru D-67, #11 Exhibit D-68 thru D-81, #12 Exhibit D-82 thru D-90, #13 Exhibit D-91 thru D-94, #14 Exhibit D-95 thru D-100, #15 Attachment Civil Cover Sheet)(Grant, Ashlee) (Attachment 8-11 and 14 replaced on 4/2/2020 to edit page orientation) (LT). (Main Document 1 replaced on 4/7/2020 pursuant to rec. doc. 8) (LT). |
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