Cento v. Allstate Property & Casualty Insurance Company
||Allstate Property & Casualty Insurance Company
||January 17, 2012
||US District Court for the Eastern District of Missouri
||St. Louis Office
||Frederick R. Buckles
|Nature of Suit:
|Cause of Action:
||12 U.S.C. § 635
|Jury Demanded By:
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|December 16, 2014
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Allstate Property and Casualty Insurance Company's motion for leave to file its Answer and an Amended Counterclaim is DENIED. [Doc. 106 ] Signed by District Judge Charles A. Shaw on 12/16/14. (KXS)
|September 16, 2014
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that consistent with the terms of this Memorandum and Order, defendant Allstate Property and Casualty Insurance Company's motion for summary judgment is GRANTED in part and DENIED in part. [Doc. 77] Th e Motion is GRANTED as to plaintiff's claims for breach of contract and vexatious refusal to pay based on the allegations that Allstate failed to reimburse plaintiff under the terms of the homeowners policy at issue for water damage to plaint iff's dwelling, for mold damage, and for living expenses. The motion is DENIED as to plaintiff's claims for breach of contract and vexatious refusal to pay based on the allegations that Allstate failed to reimburse plaintiff for water dam age to her personal property, except that plaintiff may not claim any damage to personal property that was (1) a result of mold, or (2) thrown away before defendant had an opportunity to inspect the personal property. IT IS FURTHER ORDERED that wi thin ten (10) days of the date of this Memorandum and Order, plaintiff shall answer or otherwise respond to Allstate's counterclaim. If plaintiff fails to comply, Allstate shall promptly file a motion for entry of default by the Clerk of the C ourt under Federal Rule of Civil Procedure 55(a) and, if appropriate, a motion for default judgment under Rule 55(b), supported by all necessary affidavits and documentation, as well as proposed orders for the Court's consideration. IT IS FUR THER ORDERED that the October 14, 2014 trial date is VACATED. IT IS FURTHER ORDERED that the Court will refer this case to court-sponsored alternative dispute resolution (mediation), and an order of referral will issue shortly. An appropriate partial judgment will accompany this Memorandum and Order. Signed by District Judge Charles A. Shaw on 9/16/14. (KXS)
|January 4, 2013
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants Motion To StrikePlaintiffs Amended Complaint For Failure To State A Claim (Docket No. 12) is denied without prejudice. IT IS FURTHER ORDERED that plaintiff shall have to and including January 14, 2013 to file an amended pleading. No extensions will be granted. Plaintiff is cautioned that failure to respond to this Order may result in the imposition of sanctions, including the dismissal of her case. Denying 12 Motion to Strike Response to Court due by 1/14/2013. Signed by Magistrate Judge Frederick R. Buckles on 1/4/13. (JWJ)
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