Hawryszko v. USAA Insurance Agency, Inc.
| David Hawryszko |
| USAA Insurance Agency, Inc. |
| 4:2024cv00311 |
| February 29, 2024 |
| US District Court for the Eastern District of Missouri |
| John M Bodenhausen |
| Stephen R Clark |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on April 5, 2024. A more recent docket listing may be available from PACER.
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| Filing 24 MEMORANDUM AND ORDER: In accordance with the memorandum and order entered on this date, the Court remands this case to the Circuit Court for Jefferson County, Missouri. Signed by Chief District Judge Stephen R. Clark on 4/5/2024. (LNJ) (Remark: Copy of this order and docket sheet mailed to Circuit Court of Jefferson County on this date). |
| Filing 23 MEMORANDUM AND ORDER: For the reasons described above, the Court remands this case to the Circuit Court of Jefferson County. The Court denies USAA's pending #5 Motion to dismiss as moot. Finally, pursuant to 28 U.S.C. 1447(c), the Court directs the Clerk of Court to mail a certified copy of this order of remand to the clerk of the state court. A separate order of remand accompanies this memorandum and order. Signed by Chief District Judge Stephen R. Clark on 4/5/2024. (LNJ) (Remark: Copy of this order mailed to Circuit Court of Jefferson County on this date). |
| Filing 22 MEMORANDUM in Opposition re #5 MOTION to Dismiss Case filed by Plaintiff David Hawryszko. (Margolis, Joshua) |
| Filing 21 REPLY TO RESPONSE re #18 Response to Court Order, Reply to Plaintiff Response by Defendant USAA Insurance Agency, Inc.. (Wulff, Robert) Modified on 3/26/2024 (CLT). |
| Filing 20 RESPONSE to #18 Plaintiffs Reply to Defendants Response to Court Order dated March 6 2024, as to Additional Briefing Suggesting Evidence as to Amount in Controversy by Plaintiff David Hawryszko filed by Plaintiff David Hawryszko. (Attachments: #1 Errata Exhibit A, #2 Exhibit Exhibit B)(Margolis, Joshua) Modified on 3/26/2024 (CLT). |
| Filing 19 Docket Text ORDER: The Court in part grants Plaintiff David Hawryszko's unopposed #15 Motion for an extension of time, and extends the deadline by which he must respond to Defendant USAA Insurance Agency, Inc.'s #5 Motion to Dismiss to March 29, 2024. Signed by Chief District Judge Stephen R. Clark on 3/14/2024. (CLL) |
| Filing 18 RESPONSE TO COURT ORDER re #14 Order,, by Defendant USAA Insurance Agency, Inc. filed by Defendant USAA Insurance Agency, Inc.. (Attachments: #1 Exhibit A--dec sheet, #2 Exhibit B--police report, #3 Exhibit C--medical bills listing, #4 Exhibit D--demand)(Wulff, Robert) Modified on 3/26/2024 (CLT). |
| Filing 17 DISCLOSURE STATEMENT by David Hawryszko. No corporate parents or affiliates identified. (Margolis, Joshua) |
| Filing 16 Electronic Notice re: Disclosure Statement to Plaintiff David Hawryszko. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (CLT) |
| Filing 15 Consent MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by Plaintiff David Hawryszko. (Byrne, Joanna) (Remark: Termed on 3/15/2024 per entry 19) (LNJ). |
Filing 14
ORDER: Accordingly, the Court orders USAA to file, no later than March 20, 2024, supplemental briefing and evidence proving by a preponderance of the evidence their allegation that the amount in controversy exceeds $75,000. See Dart Cherokee, 574 U.S. at 8889; see also Fed. R. Civ. P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action."). The Court sets the times for response and reply as those set by Local Rule 4.01 for response and reply to motions. (Response to Court due by 3/20/2024.) Signed by Chief District Judge Stephen R. Clark on 3/6/24. (JAB) Modified on 3/6/2024; corrected response deadline (JAB).
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| Filing 13 Docket Text ORDER: The Court orders the parties to review and comply with the undersigned's Judge's Requirements, located on the Eastern District of Missouri's court website: #Chief Judge Stephen R. Clark's Requirements. The undersigned periodically updates his Judge's Requirements, and the parties must ensure that they are complying with the most recent version before filing any document. Failure to comply with the requirements may result in the imposition of "sanction[s] or other disadvantage." Fed. R. Civ. P. 83(b). Signed by Chief District Judge Stephen R. Clark on 3/6/2024. (KXS) |
| Filing 12 Docket Text ORDER: The Court orders the parties to review and comply with the undersigned's Judge's Requirements, located on the Eastern District of Missouri's court website. Failure to comply with these requirements may result in the imposition of "sanction[s] or other disadvantage." Fed. R. Civ. P. 83(b). Signed by Chief District Judge Stephen R. Clark on 3/4/24. (JAB) |
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Filing 11
ORDER: Pursuant to the order of recusal by the Honorable John M. Bodenhausen on March 1, 2024, IT IS HEREBY ORDERED that the above styled cause is reassigned to the Honorable Stephen R. Clark. Signed by Magistrate Judge John M. Bodenhausen on 3/1/2024. (KEK)
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| Filing 10 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant USAA Insurance Agency, Inc. Sent To: State Court - Executed (Wulff, Robert) |
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Filing 9
ORDER OF RECUSAL: IT IS HEREBY ORDERED that the undersigned United States Magistrate Judge is disqualified from handling any matters in this case, and the Clerk of Court shall randomly reassign the case to another Judge of this Court. Signed by Magistrate Judge John M. Bodenhausen on 3/1/2024. (KEK)
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| Filing 8 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (auto) |
| Filing 7 Petition (Removal/Transfer) Received From: Circuit Court of Jefferson County, filed by David Hawryszko.(JBH) |
| Filing 6 MEMORANDUM in Support of Motion re #5 MOTION to Dismiss Case filed by Defendant USAA Casualty Insurance Company. (Wulff, Robert) |
| Filing 5 MOTION to Dismiss Case by Defendant USAA Casualty Insurance Company. (Wulff, Robert) |
| Filing 4 ENTRY of Appearance by Robert J. Wulff for Defendant USAA Casualty Insurance Company. (Wulff, Robert) |
| Filing 3 DISCLOSURE STATEMENT by USAA Casualty Insurance Company.. (Wulff, Robert) |
| Filing 2 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant USAA Casualty Insurance Company Sent To: Plaintiff (Wulff, Robert) |
| Filing 1 NOTICE OF REMOVAL from Jefferson County, case number 23JE-CC01050, with receipt number AMOEDC-10468122, in the amount of $405 Jury Demand,, filed by USAA Casualty Insurance Company. (Attachments: #1 Exhibit Exhibit A, #2 Civil Cover Sheet Civil Cover Sheet, #3 Original Filing Form Original Filing Form)(Wulff, Robert) |
| Case Opening Notification. Judge Assigned: Honorable John M. Bodenhausen. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible. # (moed-0001.pdf). (JBH) |
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| Plaintiff: David Hawryszko | |
| Represented By: | Joshua D. Margolis |
| Represented By: | Joanna L. Byrne |
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| Defendant: USAA Insurance Agency, Inc. | |
| Represented By: | Robert J. Wulff |
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