Acuity Insurance Company v. Vivint Incorporated et al
Plaintiff: Acuity Insurance Company
Defendant: Vivint Incorporated, Radio Thermostat Company of America, Inc., Nortek Security & Control LLC, Genz-Ryan Plumbing and Heating Co. and Nortek Security & Control LLC d/b/a 2gig Technologies
Case Number: 0:2023cv00101
Filed: January 12, 2023
Court: US District Court for the District of Minnesota
Presiding Judge: Dulce J Foster
Referring Judge: Donovan W Frank
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28 U.S.C. § 1446 Petition for Removal- Property Damage (P.I
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 10, 2023 Opinion or Order Filing 26 (Text-Only) Order: Plaintiff shall file proof of service for all defendants it has served in this action on or before March 17, 2023. Ordered by Magistrate Judge Dulce J. Foster on 3/10/2023. (JC)
March 10, 2023 Opinion or Order Filing 25 CERTIFICATE OF SERVICE by Vivint Incorporated re #24 Reply to Response to Motion, (Yetka, Christopher)
March 9, 2023 Opinion or Order Filing 24 Reply to Response to Motion re #12 MOTION to Dismiss/General Complaint MOTION to Compel Arbitration filed by Vivint Incorporated. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Yetka, Christopher)
February 24, 2023 Opinion or Order Filing 23 RESPONSE in Opposition re #12 MOTION to Dismiss/General Complaint MOTION to Compel Arbitration filed by Nortek Security & Control LLC. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Forde, Maren)
February 24, 2023 Opinion or Order Filing 22 DECLARATION of Erik R. Overlid in Opposition to #12 MOTION to Dismiss/General Complaint MOTION to Compel Arbitration filed by Acuity Insurance Company. (Attachments: #1 Exhibit(s) 1-4, #2 Exhibit(s) 5-7)(Brown, Mark)
February 24, 2023 Opinion or Order Filing 21 RESPONSE in Opposition re #12 MOTION to Dismiss/General Complaint MOTION to Compel Arbitration filed by Acuity Insurance Company. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate Word Count Compliance re: Opposition to Motion to Compel Arbitration)(Brown, Mark)
February 7, 2023 Opinion or Order Filing 20 ANSWER to Complaint filed by Nortek Security & Control LLC. (Forde, Maren)
February 6, 2023 Opinion or Order Filing 19 (Text-Only) ORDER: Due to the pending Motion to Dismiss (ECF No. #12 ), the Court finds there is good cause to delay the entry of a pretrial scheduling order. The Court will schedule a pretrial conference, if needed, promptly after a decision is issued on the pending motion. Ordered by Magistrate Judge Dulce J. Foster on 2/6/2023.(LNP)
February 3, 2023 Opinion or Order Filing 18 CERTIFICATE OF SERVICE by Vivint Incorporated re #17 Proposed Order to Judge, #15 Declaration in Support, #14 Memorandum in Support of Motion, #13 Notice of Hearing on Motion, #12 MOTION to Dismiss/General Complaint MOTION to Compel Arbitration , #16 Meet and Confer Statement (Yetka, Christopher)
February 3, 2023 Opinion or Order Filing 17 PROPOSED ORDER TO JUDGE re #12 MOTION to Dismiss/General Complaint MOTION to Compel Arbitration filed by Vivint Incorporated.(Yetka, Christopher)
February 3, 2023 Opinion or Order Filing 16 MEET and CONFER STATEMENT re #12 Motion to Dismiss/General, Motion to Compel Arbitration filed by Vivint Incorporated.(Yetka, Christopher)
February 3, 2023 Opinion or Order Filing 15 Declaration of Christopher H. Yetka in Support of #12 MOTION to Dismiss/General Complaint MOTION to Compel Arbitration filed by Vivint Incorporated. (Attachments: #1 Exhibit(s) A-E)(Yetka, Christopher)
February 3, 2023 Opinion or Order Filing 14 MEMORANDUM in Support re #12 MOTION to Dismiss/General Complaint MOTION to Compel Arbitration filed by Vivint Incorporated. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Yetka, Christopher)
February 3, 2023 Opinion or Order Filing 13 NOTICE OF HEARING ON MOTION #12 MOTION to Dismiss/General Complaint MOTION to Compel Arbitration : Motion Hearing set for 3/17/2023 at 09:00 AM in Courtroom 7C (STP) before Judge Donovan W. Frank. (Yetka, Christopher)
February 3, 2023 Opinion or Order Filing 12 MOTION to Dismiss/General Complaint, MOTION to Compel Arbitration filed by Vivint Incorporated. (Yetka, Christopher)
January 31, 2023 Opinion or Order Filing 11 AMENDED NOTICE OF REMOVAL Second Amended from Scott County District Court, District of Minnesota, case number 70-cv-22-13756 filed by Vivint Incorporated. (Attachments: #1 Exhibit(s) A-D) (Yetka, Christopher)
January 30, 2023 Opinion or Order Filing 10 ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT. See Order for details. Signed by Magistrate Judge Dulce J. Foster on 1/30/2023. (JC)
January 27, 2023 Opinion or Order Filing 9 AMENDED NOTICE OF REMOVAL from Scott County District Court, District of Minnesota, case number 70-cv-22-13756 filed by Vivint Incorporated. (Attachments: #1 Exhibit(s) A-D) (Yetka, Christopher)
January 19, 2023 Opinion or Order Filing 8 NOTICE of Appearance by Brayanna Bergstrom on behalf of Nortek Security & Control LLC. (Bergstrom, Brayanna)
January 19, 2023 Opinion or Order Filing 7 NOTICE of Appearance by Maren M. Forde on behalf of Nortek Security & Control LLC. (Forde, Maren)
January 19, 2023 Opinion or Order Filing 6 NOTICE of Appearance by Thomas J Basting, Jr on behalf of Nortek Security & Control LLC. (Basting, Thomas)
January 18, 2023 Opinion or Order Filing 5 ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT. See Order for details. Signed by Magistrate Judge Dulce J. Foster on 1/18/2023. (JC)
January 17, 2023 Opinion or Order Filing 4 CORRECTED EXHIBIT B to Notice of Removal re #1 Notice of Removal, filed by Vivint Incorporated. (Yetka, Christopher) Modified text on 1/18/2023 (ABR).
January 13, 2023 Opinion or Order Filing 3 RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation owning 10 percent or more of its stock, or subsidiary reported for Vivint Incorporated. (Yetka, Christopher)
January 12, 2023 Opinion or Order Filing 2 (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Donovan W. Frank per 3rd 4th Master list, referred to Magistrate Judge Dulce J. Foster. Please use case number 23-cv-101 (DWF/DJF).Notice: All Nongovernmental Corporate Parties must file a #Rule 7.1 Corporate Disclosure Statement. (MMP)
January 12, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL from Scott County District Court, District of Minnesota, case number 70-cv-22-13756 (filing fee $ 402, receipt number AMNDC-10007002) filed by Vivint Incorporated. No summons requested. (Attachments: #1 Exhibit(s) A-D, #2 Civil Cover Sheet) (Yetka, Christopher)

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Search for this case: Acuity Insurance Company v. Vivint Incorporated et al
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Plaintiff: Acuity Insurance Company
Represented By: Mark S Brown
Represented By: Erik R Overlid
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Defendant: Vivint Incorporated
Represented By: Christopher H Yetka
Represented By: Sarah DeWitt Greening
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Defendant: Radio Thermostat Company of America, Inc.
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Defendant: Nortek Security & Control LLC
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Defendant: Genz-Ryan Plumbing and Heating Co.
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Defendant: Nortek Security & Control LLC d/b/a 2gig Technologies
Represented By: Brayanna Bergstrom
Represented By: Maren M. Forde
Represented By: Thomas J Basting, Jr
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