Byorth et al v. USAA Casualty Insurance Company et al
Plaintiff: Peter Byorth and Ann McKean
Defendant: USAA Casualty Insurance Company and John Does I-X
Case Number: 1:2017cv00153
Filed: November 17, 2017
Court: US District Court for the District of Montana
Office: Billings Office
County: YELLOWSTONE
Presiding Judge: Timothy J. Cavan
Nature of Suit: Insurance
Cause of Action: 28:1332
Jury Demanded By: Both

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 15, 2020 Opinion or Order Filing 217 ORDER granting 216 Motion to Dismiss with prejudice, with each party to bear their own attorneys fees and costs. Signed by Magistrate Judge Kathleen L. DeSoto on 10/15/2020. (APP)
September 2, 2020 Opinion or Order Filing 213 ORDER denying 184 Motion for Summary Judgment. Signed by Magistrate Judge Kathleen L. DeSoto on 9/2/2020. (APP)
July 8, 2020 Opinion or Order Filing 188 ORDER granting 187 Motion for Leave to appear by video conference. Signed by Magistrate Judge John Johnston on 7/8/2020. (JEH)
June 4, 2020 Opinion or Order Filing 172 ORDER granting 167 Motion to Sever; the Clerk of Court is directed to create a second case number for this action. FURTHER ORDERED that a telephonic Scheduling Conference shall be held on June 9, 2020, at 11:00 a.m. to confirm and set trial dates for each case. Signed by Magistrate Judge Kathleen L. DeSoto on 6/4/2020. (CDH)
December 10, 2019 Opinion or Order Filing 160 ORDER re 121 motion to dismiss: Count I of Plaintiffs' Second Amended Complaint is DISMISSED with prejudice. USAAs Motion to Dismiss Count III of Plaintiffs' Second Amended Complaint is DENIED as MOOT. Count V of Plaintiffs' Second A mended Complaint is DISMISSED with prejudice to the extent Count V seeks a declaration that USAA violated the UTPA, and an injunction prohibiting such claims practices. Further ordered: 151 Motion for Reconsideration is denied as moot; Motion for Scheduling Conference 153 is granted. Lead trial counsel for the respective parties are required to participate in the conference and shall report to the chambers of the undersigned United States Magistrate Judge in the Russell Smith Courthouse, 201 E. Broadway, Missoula, Montana, on January 15, 2020, at 11:00 a.m. Signed by Magistrate Judge Kathleen L. DeSoto on 12/10/2019. (ASG)
September 3, 2019 Opinion or Order Filing 148 ORDER granting in part and denying in part 92 Motion to Certify Class. See order for complete details. Signed by Magistrate Judge Timothy J. Cavan on 9/3/2019. (HEG)
June 24, 2019 Opinion or Order Filing 138 ORDER granting 133 Motion to File Under Seal. Signed by Magistrate Judge Timothy J. Cavan on 6/24/2019. (JDR)
May 29, 2019 Opinion or Order Filing 128 ORDER denying as MOOT 60 MOTION to Compel filed by Peter Byorth, Ann McKean, 75 Third MOTION to Compel filed by Peter Byorth, Ann McKean, 78 MOTION for Sanctions Rule 37(b)(2)(A) filed by Peter Byorth, Ann McKean, 97 MOTION to Clarify the Scope of Discovery or, Alternatively, for a Protective Order filed by USAA Casualty Insurance Company and LIFTING STAY. Signed by Magistrate Judge Timothy J. Cavan on 5/29/2019. (JDR)
April 25, 2019 Opinion or Order Filing 117 ORDER granting 116 Motion to Vacate. Signed by Magistrate Judge Timothy J. Cavan on 4/25/2019. (JDR)
April 22, 2019 Opinion or Order Filing 114 ORDER STAYING CLASS CERTIFICATION BRIEFING. Signed by Magistrate Judge Timothy J. Cavan on 4/22/2019. (JDR)
March 18, 2019 Opinion or Order Filing 104 ORDER granting 103 Motion to File Under Seal. Signed by Magistrate Judge Timothy J. Cavan on 3/18/2019. (JDR)
March 13, 2019 Opinion or Order Filing 102 ORDER denying 101 Motion to File Under Seal. Plaintiffs may refile their motion in compliance with L.R. 5.1(d). Signed by Magistrate Judge Timothy J. Cavan on 3/13/2019. (JDR)
February 25, 2019 Opinion or Order Filing 90 ORDER granting 88 Motion to File Under Seal. Signed by Magistrate Judge Timothy J. Cavan on 2/25/2019. (JEC)
February 8, 2019 Opinion or Order Filing 83 ORDER granting 82 Unopposed Motion to File Under Seal. Doc. 77 is SEALED. Signed by Magistrate Judge Timothy J. Cavan on 2/8/2019. (JDR)
February 1, 2019 Opinion or Order Filing 69 ORDER granting 67 Motion to File Under Seal. Signed by Magistrate Judge Timothy J. Cavan on 2/1/2019. (JDR)
January 2, 2019 Opinion or Order Filing 57 ORDER granting 53 Motion to Appear Pro Hac Vice Acknowledgment of PHV Order due by 1/17/2019. Signed by Magistrate Judge Timothy J. Cavan on 1/2/2019. (JDR)
August 20, 2018 Opinion or Order Filing 38 ORDER DENYING motion 34 MOTION to Strike 33 Reply to Response to Motion or, in the Alternative, Leave to File Sur-Reply filed by USAA Casualty Insurance Company. and DENYING motion 25 MOTION to Remand filed by Peter Byorth, Ann McKean. Signed by Magistrate Judge Timothy J. Cavan on 8/20/2018. (AEC)
November 22, 2017 Opinion or Order Filing 9 ORDER GRANTING DEFENDANTS MOTIONS TO STAY from State Court file. (JEC)
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Defendant: USAA Casualty Insurance Company
Represented By: Kelsey E. Bunkers
Represented By: Ian McIntosh
Represented By: Hannah R. Seifert
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Defendant: John Does I-X
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Plaintiff: Peter Byorth
Represented By: Colette B. Davies
Represented By: Trent M. Gardner
Represented By: James Devlan Geddes
Represented By: John C. Heenan
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Plaintiff: Ann McKean
Represented By: Colette B. Davies
Represented By: Trent M. Gardner
Represented By: James Devlan Geddes
Represented By: John C. Heenan
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