Weller et al v. United Services Automobile Association et al
Plaintiff: Kristina Raye Weller and Scianna Jaylynn Americo
Defendant: USAA General Indemnity Company, United Services Automobile Association, Garrison Insurance Company, Auto Injury Solutions, Inc., USAA County Mutual Insurance Company and USAA Casualty Insurance Company
Case Number: 2:2019cv01405
Filed: August 15, 2019
Court: US District Court for the District of Nevada
Presiding Judge: James C Mahan
Referring Judge: Brenda Weksler
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 9, 2019 Filing 35 EXHIBIT 1-2 to #31 REPLY to #29 Response to 15 Motion to Remand to State Court, filed by Plaintiffs Scianna Jaylynn Americo, Kristina Raye Weller. (Hauf, Marjorie)
October 5, 2019 Filing 34 CLERK'S NOTICE Violation of the Local Rules and Attorney Action required. ERROR : Document #31 was not filed pursuant to FRCP 5.2 and LR IC 6-1 by attorney Cara Xidis. CORRECTION: Attorney is advised to file a redacted copy of Exhibits 1 and 2 for the public record pursuant to LR IC 6-1, using the event "Exhibits" and link to #31 . Document #31 - Exhibits 1 and 2 restricted by court in accordance with FRCP 5.2 and LR IC 6-1. (no image attached) (MMM)
October 4, 2019 Filing 33 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (MR)
October 4, 2019 Opinion or Order Filing 32 SCHEDULING ORDER Granting #30 Amended Discovery Plan and Scheduling Order. Discovery due by 5/12/2020. Motions due by 6/18/2020. Proposed Joint Pretrial Order due by 7/20/2020. Signed by Magistrate Judge Brenda Weksler on 10/4/2019. (Copies have been distributed pursuant to the NEF - MR)
October 3, 2019 Filing 31 REPLY to Response to #15 Motion to Remand to State Court by Plaintiffs Scianna Jaylynn Americo, Kristina Raye Weller. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Xidis, Cara) Modified on 10/5/2019 to restrict access to Exhibits 1 and 2 pursuant to LR IC 6-1 (MMM).
September 30, 2019 Filing 30 AMENDED Stipulated Discovery Plan and Scheduling Order, filed by Plaintiffs Scianna Jaylynn Americo, Kristina Raye Weller. (Hauf, Marjorie)
September 26, 2019 Filing 29 RESPONSE to #15 Motion to Remand to State Court by Defendants Garrison Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, United Services Automobile Association. Replies due by 10/3/2019. (O'Briant, Priscilla)
September 25, 2019 Filing 28 WAIVER OF SERVICE Returned Executed by Kristina Raye Weller, Scianna Jaylynn Americo. Auto Injury Solutions, Inc. waiver sent on 9/17/2019, answer due 11/16/2019. (Hauf, Marjorie)
September 23, 2019 Filing 27 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 9/23/2019. Re: #26 Proposed Discovery Plan/Scheduling Order. The parties proposed discovery plan and scheduling order #26 does not contain sufficient information for the court to evaluate whether an extended discovery plan is appropriate under Local Rule 26-1(a). The court therefore denies the parties proposed discovery plan without prejudice. The parties must meet and confer and file an amended discovery plan and scheduling order by 10/7/2019. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - Gesmundo, Emily)
September 18, 2019 Filing 26 PROPOSED Discovery Plan/Scheduling Order by Plaintiffs Scianna Jaylynn Americo, Kristina Raye Weller (Hauf, Marjorie)
September 16, 2019 Filing 25 NOTICE of Corrected Image/Document re #21 Reply, #24 Notice of Corrected Image/Document, by Defendants USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, United Services Automobile Association. (Service of corrected image is attached.) (O'Briant, Priscilla)
September 16, 2019 Filing 24 NOTICE of Corrected Image/Document re #21 Reply by Defendants USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, United Services Automobile Association. (Service of corrected image is attached.) (O'Briant, Priscilla)
September 16, 2019 Filing 23 REPLY to Response to #5 Motion by Defendant Garrison Insurance Company. (O'Briant, Priscilla)
September 16, 2019 Filing 22 REPLY to Response to #4 Motion to Dismiss by Defendant Garrison Insurance Company. (O'Briant, Priscilla)
September 16, 2019 Filing 21 VIEW #25 corrected image to REPLY to Response to #6 Motion to Dismiss, by Defendants USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, United Services Automobile Association. (O'Briant, Priscilla)
September 16, 2019 Filing 20 REPLY to #11 Response to #7 REQUEST for Judicial Notice re #6 Motion to Dismiss by Defendants USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, United Services Automobile Association. (O'Briant, Priscilla) Modified on 9/16/2019 (MMM).
September 13, 2019 Filing 19 Joint STATUS REPORT by Defendants Garrison Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, United Services Automobile Association. (O'Briant, Priscilla)
September 13, 2019 Filing 18 CLERK'S NOTICE of violation of Local Rules. ECF No. #15 was not filed pursuant to LR IA 10-2. Incorrect case number on document. The correct case number is 2:19-cv-01405-JCM-BNW. Attorney Marjorie Hauf is advised in the future to file documents pursuant to the Local Rules. No further action is required concerning this document at this time. Do NOT refile. (no image attached) (MMM)
September 13, 2019 Filing 17 Summons Issued as to Auto Injury Solutions, Inc. re Complaint re #1 Petition for Removal. (MR)
September 13, 2019 Filing 16 PROPOSED SUMMONS to be issued for Auto Injury Solutions, Inc. by Plaintiffs Scianna Jaylynn Americo, Kristina Raye Weller. (Hauf, Marjorie)
September 12, 2019 Filing 15 MOTION to Remand to State Court by Plaintiffs Scianna Jaylynn Americo, Kristina Raye Weller. Responses due by 9/26/2019. (Hauf, Marjorie)
September 12, 2019 Opinion or Order Filing 14 ORDER granting #13 Stipulation; Re: #4 Motion to Dismiss, #5 Motion, #6 Motion to Dismiss, #7 Request for Judicial Notice. Replies due by 9/16/2019. Signed by Judge James C. Mahan on 9/12/2019. (Copies have been distributed pursuant to the NEF - JM)
September 12, 2019 Filing 13 STIPULATION FOR EXTENSION OF TIME (First Request) re #6 Motion to Dismiss, #5 Motion, #4 Motion to Dismiss, #7 Request for Judicial Notice, by Defendants Garrison Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, United Services Automobile Association. (O'Briant, Priscilla)
September 5, 2019 Filing 12 RESPONSE to #6 Motion to Dismiss, by Plaintiffs Scianna Jaylynn Americo, Kristina Raye Weller. Replies due by 9/12/2019. (Hauf, Marjorie)
September 5, 2019 Filing 11 RESPONSE to #7 Request for Judicial Notice, by Plaintiffs Scianna Jaylynn Americo, Kristina Raye Weller. (Hauf, Marjorie)
September 5, 2019 Filing 10 RESPONSE to #5 Motion by Plaintiffs Scianna Jaylynn Americo, Kristina Raye Weller. Replies due by 9/12/2019. (Hauf, Marjorie)
September 5, 2019 Filing 9 RESPONSE to #4 Motion to Dismiss by Plaintiffs Scianna Jaylynn Americo, Kristina Raye Weller. Replies due by 9/12/2019. (Hauf, Marjorie)
August 30, 2019 Filing 8 STATEMENT REGARDING REMOVAL by Defendant United Services Automobile Association. (O'Briant, Priscilla)
August 22, 2019 Filing 7 REQUEST for Judicial Notice re #6 Motion to Dismiss, by Defendants USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, United Services Automobile Association. (Attachments: #1 Exhibit A, #2 Exhibit B) (O'Briant, Priscilla)
August 22, 2019 Filing 6 MOTION to Dismiss #1 Petition for Removal,, by Defendants USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, United Services Automobile Association. Responses due by 9/5/2019. (Attachments: #1 Exhibit A, #2 Exhibit B) (O'Briant, Priscilla)
August 22, 2019 Filing 5 MOTION FOR MORE DEFINITE STATEMENT re #1 Petition for Removal,, by Defendant Garrison Insurance Company. Responses due by 9/5/2019. (O'Briant, Priscilla)
August 22, 2019 Filing 4 MOTION to Dismiss #1 Petition for Removal,, by Defendant Garrison Insurance Company. Responses due by 9/5/2019. (O'Briant, Priscilla)
August 15, 2019 Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 8/15/2019. Statement regarding removed action is due by 8/30/2019. Joint Status Report regarding removed action is due by 9/14/2019. (Copies have been distributed pursuant to the NEF - MR)
August 15, 2019 Filing 2 CERTIFICATE of Interested Parties by Garrison Insurance Company, USAA Casualty Insurance Company, USAA County Mutual Insurance Company, USAA General Indemnity Company, United Services Automobile Association. There are no known interested parties other than those participating in the case (O'Briant, Priscilla)
August 15, 2019 Filing 1 PETITION FOR REMOVAL from District Court - Eighth Judicial District, Case Number A-796336-C, (Filing fee $ 400 receipt number 0978-5666131) by USAA County Mutual Insurance Company, USAA Casualty Insurance Company, USAA General Indemnity Company, Garrison Insurance Company, United Services Automobile Association. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(O'Briant, Priscilla) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
August 15, 2019 Case randomly assigned to Judge James C. Mahan and Magistrate Judge Brenda Weksler. (MR)

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Defendant: USAA General Indemnity Company
Represented By: Robert W Freeman, Jr.
Represented By: Priscilla Louise O'Briant
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Defendant: United Services Automobile Association
Represented By: Robert W Freeman, Jr.
Represented By: Priscilla Louise O'Briant
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Defendant: Garrison Insurance Company
Represented By: Robert W Freeman, Jr.
Represented By: Priscilla Louise O'Briant
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Defendant: Auto Injury Solutions, Inc.
Represented By: Jonathan W Carlson
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Defendant: USAA County Mutual Insurance Company
Represented By: Robert W Freeman, Jr.
Represented By: Priscilla Louise O'Briant
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Defendant: USAA Casualty Insurance Company
Represented By: Robert W Freeman, Jr.
Represented By: Priscilla Louise O'Briant
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Plaintiff: Kristina Raye Weller
Represented By: Marjorie L. Hauf
Represented By: Adam Ganz
Represented By: John C. Funk
Represented By: Cara M. Xidis
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Plaintiff: Scianna Jaylynn Americo
Represented By: Marjorie L. Hauf
Represented By: Adam Ganz
Represented By: John C. Funk
Represented By: Cara M. Xidis
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