Wilson v. State Farm Fire and Casualty Company
| Deborah Wilson |
| State Farm Fire and Casualty Company |
| 1:2023cv00352 |
| December 4, 2023 |
| US District Court for the Southern District of Mississippi |
| Halil S Ozerden |
| Bradley W Rath |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on January 17, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 3/1/2024 at 10:00 AM before Magistrate Judge Bradley W. Rath. (AB) |
| Filing 15 ANSWER to #13 Amended Complaint by State Farm Fire and Casualty Company.(Wills, Calen) |
TEXT ONLY ORDER granting Defendant's Motion #14 for Extension of Time to File Answer as unopposed. Defendant's responsive pleading to Plaintiff's Amended Complaint #13 is due on January 11, 2024. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 1/2/2024 (rjc)
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| Filing 14 MOTION for Extension of Time to File Answer by State Farm Fire and Casualty Company (Wills, Calen) |
| DOCKET ANNOTATION as to #13: When filing an Amended Complaint, All Defendants should not be selected as the party that the filing is against, but each individual defendant should be selected instead. There is only one defendant in this case. Attorney is not required to re-file. (RLW) |
| Filing 13 AMENDED COMPLAINT against All Defendants, filed by Deborah Wilson. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Webster, Jason) |
| DOCKET ANNOTATION as to # 13. L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Also, if "Exhibit" is selected from the drop-down category box, it is not necessary to type in the word "Exhibit" again in the description, because it duplicates the description to read "Exhibit Exhibit", which is incorrect. Attorney is advised to follow this rule in future filings. (JCH) |
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Filing 12
ORDER granting #11 Unopposed Motion to Sever Claims. Instead of severing Plaintiffs claims in Civil Action No. 1:23cv352 HSO-BWR into two individual actions, Clerk shall keep this case, Civil Action No. 1:23cv352 HSO-BWR, open and open a new individual action also for Plaintiff with a new civil action number. Plaintiff is required to pay the filing fee for the new individual action. Within 15 days of this Order, Plaintiff shall file an amended complaint in both this civil action and the new civil action assigned to her. See Order for more details. Signed by Magistrate Judge Bradley W. Rath on 12/14/23 (RLW).
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| Remark: Per #12 Order to sever claims, the new case number for the severed claims is 1:23cv362 HSO-BWR (RLW). |
| Filing 11 Unopposed MOTION to Sever Claims by State Farm Fire and Casualty Company (Wills, Calen) |
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Filing 10
ORDER granting in part and denying in part #5 Motion to Sever. Denied to the extent that it requests that the Court sanction Plaintiffs. Plaintiffs' claims shall be severed into individual actions, one for each Plaintiff. Plaintiffs are required to pay the filing fee for each of their new individual actions. The current case, 1:23cv268, shall be terminated. See Order for more details. Signed by Magistrate Judge Bradley W. Rath on 12/4/23. (RLW)
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| Filing 9 RESPONSE in Support re #5 MOTION to Sever filed by State Farm Fire and Casualty Company (Wills, Calen) |
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TEXT ONLY ORDER granting Defendant's Unopposed Motion #8 for Time. Defendant's deadline to file a pleading responsive to Plaintiffs' Complaint [1-1] is now five days after the Court issues an order on Defendant's Motion #5 to Sever. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 11/17/2023 (rjc)
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| Filing 8 Unopposed MOTION for Extension of Time to File Answer by State Farm Fire and Casualty Company (Wills, Calen) |
| Filing 7 RESPONSE in Opposition re #5 MOTION to Sever filed by Marjorie Jackson, Marc Radich, Susan Taylor, Deborah Wilson (Webster, Jason) |
| Filing 6 MEMORANDUM IN SUPPORT re #5 MOTION to Sever filed by State Farm Fire and Casualty Company (Wills, Calen) |
| Filing 5 MOTION to Sever by State Farm Fire and Casualty Company (Attachments: #1 Exhibit A Complaint, #2 Exhibit B Certified Policy Destiny Oaks, #3 Exhibit C Certified Policy Pringle Cir., #4 Exhibit D Certified Policy Longwood Dr., #5 Exhibit E Certified Policy Jackson Landing, #6 Exhibit F Certified Policy Ridgeland Rd., #7 Exhibit G Letter to Pl's Counsel 10.13.23, #8 Exhibit H Emails regarding severance)(Wills, Calen) |
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TEXT ONLY ORDER granting Defendant's Unopposed Motion #4 for Time. Defendant's responsive pleading to Plaintiffs' Complaint [1-1] is now due on November 17, 2023. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 10/19/2023 (rjc)
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| Filing 4 Unopposed MOTION for Extension of Time to File Answer by State Farm Fire and Casualty Company (Wills, Calen) |
| Filing 3 State Court Record by Defendant State Farm Fire and Casualty Company (Banahan, John) |
| Filing 2 NOTICE of Appearance by John A. Banahan on behalf of State Farm Fire and Casualty Company (Banahan, John) |
| Filing 1 NOTICE OF REMOVAL by State Farm Fire and Casualty Company from Circuit Court of Harrison County, MS, case number A2401-23-325. ( Filing fee $ 402.00 receipt number 5242493) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit A - State Court Complaint, #2 Civil Cover Sheet)(PKS) |
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| Plaintiff: Deborah Wilson | |
| Represented By: | Jason C. Webster |
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| Defendant: State Farm Fire and Casualty Company | |
| Represented By: | Calen J. Wills |
| Represented By: | John A. Banahan |
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