Kristek v. Travelers Insurance Company et al
| Courtney Kristek |
| The Travelers Home & Marine Insurance Company, 360 Insurance & Investments, LLC and Hartford Accident & Indemnity Company |
| 2:2020cv01314 |
| July 16, 2020 |
| US District Court for the District of Nevada |
| Daniel J Albregts |
| Jennifer A Dorsey |
| Insurance |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on September 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 44 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 9/21/2020. By Deputy Clerk: Danielle Cacciabaudo. Re: Video hearing on #5 #6 and #17 Motions to Dismiss and #10 #14 Motions to Remand. Due to a scheduling conflict the hearing scheduled for 9/22/2020 is VACATED and CONTINUED to 10/7/2020 at 11:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Should any attorney have a scheduling conflict with this rescheduled date, they must meet and confer about three alternative dates and then JOINTLY call Danielle Cacciabaudo at 702-464-5414 to request an alternative hearing date/time. (no image attached) (Copies have been distributed pursuant to the NEF - DC) |
| Filing 43 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 9/17/2020. RE #40 Motion to Appear Telephonically. Plaintiff's counsel (who appears to also be the plaintiff using a different name) moves to appear telephonically for the Court's 9/22/2020 hearing based on concerns about the COVID-19 pandemic #40 . Travelers responds that it has no objection to telephonic or video appearance and requests that the same accommodations be given to all counsel #42 . Good cause appearing, IT IS HEREBY ORDERED that the motion #40 is GRANTED IN PART; the 9/22/2020 hearing 39 will be conducted via VIDEO, and COUNSEL MUST APPEAR VIA VIDEO for this hearing, not merely audio/telephone.The parties will receive a zoom invitation link from this Court's Courtroom Administrator to the email address that is listed on the docket. The Court notes that, prior to filing this motion, Ms. Dolan/Kristek phoned and/or emailed numerous court employees and the Chief Judge with complaints about this judge having scheduled an in-person hearing. Ms. Dolan/Kristek is advised that the calendars of the individual judges in this district are kept and managed by those individual judges and that requests regarding those calendars and dockets should be directed to the assigned judge by using the procedures outlined in this Districts Local Rules. Requests for relief must be made by proper motion. L.R. IA 7-1(b). (no image attached) (Copies have been distributed pursuant to the NEF - DC) |
| Filing 42 RESPONSE to #40 Motion for Leave to Appear Telephonically by Defendant The Travelers Home & Marine Insurance Company. Replies due by 9/23/2020. (Reeves, William) |
| Filing 41 CLERK'S NOTICE regarding ECF No. #40 . Document was not filed pursuant to LR IC 2-2(c) by attorney Courtney L. Dolan. The wrong event was selected. The Court has corrected and changed the event from Motion Leave to File to Motion Leave to Appear Telephonically. No further action is required at this time. Do not refile document. (no image attached) (SLD) |
| Filing 40 MOTION for Leave to Appear Telephonically re: 39 Minute Order, by Plaintiff Courtney Kristek. (Attachments: #1 Exhibit) (Dolan, Courtney) Modified on 9/8/2020 to link document pursuant to LR IC 2-2(d) and change event (SLD). |
| Filing 39 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 9/1/2020. By Deputy Clerk: Danielle Cacciabaudo. IT IS ORDERED that the parties appear IN PERSON for a hearing re: #5 , #6 , #17 Motions to Dismiss and #10 , #14 Motions to Remand on 9/22/2020 at 02:00 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. The telephonic hearing scheduled for 9/8/2020 is VACATED. (no image attached) (Copies have been distributed pursuant to the NEF - DC) |
| Filing 38 ERRATA to #37 Reply by Defendant 360 Insurance & Investments, LLC. (Attachments: #1 Exhibit A) (Rasmussen, R.) |
| Filing 37 REPLY to Response to #17 Motion to Dismiss, by Defendant 360 Insurance & Investments, LLC. (Attachments: #1 Exhibit Exhibit A) (Rasmussen, R.) |
| Filing 36 REPLY to #24 Response to #10 Motion to Remand, by Plaintiff Courtney Kristek. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Dolan, Courtney) Modified on 8/24/2020 to link to Motion (SLD). |
| Filing 35 REPLY to #28 Response to #10 Motion to Remand, by Plaintiff Courtney Kristek. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Dolan, Courtney) Modified on 8/20/2020 to link to Motion (SLD). |
| Filing 34 REPLY to #30 Response by Plaintiff Courtney Kristek. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Dolan, Courtney) |
| Filing 33 CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #30 was not filed pursuant to LR IC 5-1(b) by attorneys Michael J. Nunez and R. Scott Rasmussen. Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning this document at this time. Do not refile document. (no image attached) (SLD) |
| Filing 32 CLERK'S NOTICE regarding ECF No. #31 . Document was not filed pursuant to LR IC 2-2(c) by attorney Courtney Dolan. The wrong event was selected. The title of the docket entry does not match the title of the document. The Court has corrected and changed the event from Reply to Response. No further action is required at this time. Do not refile document. (no image attached) (SLD) |
| Filing 31 AMENDED RESPONSE REPLY to #17 Motion to Dismiss re: 27 Minute Order, by Plaintiff Courtney Kristek. Replies due by 8/25/2020. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Dolan, Courtney) Modified on 8/19/2020 to change event, set Reply deadline, and link to Minute Order (SLD). |
| Filing 30 RESPONSE to #14 Motion by Defendant 360 Insurance & Investments, LLC. Replies due by 8/25/2020. (Nunez, Michael) |
| Filing 29 CLERK'S NOTICE Regarding Local Rule IC 2-1(g). Filer's account information is different from the address information contained in the filed document, ECF No. #28 . Attorney Rachel L. Wise is advised to review and update his/her user account information. (no image attached) (SLD) |
| Filing 28 RESPONSE to #10 Motion to Remand to Agency, by Defendant Hartford Accident & Indemnity Company. Replies due by 8/25/2020. (Butterfield, Chad) |
| Filing 27 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 8/17/2020. ORDER striking #25 Motion to Remand and #26 Response to 360 Insurance's Motion to Dismiss. In response to each of the defendants' motions to dismiss, plaintiff Courtney Kristek filed a document entitled "Motion to Remand and Plaintiff's Response to" each motion to dismiss. Kristek's filings violate several rules of this court. First, Local Rule IC 2-2 requires each type of relief requested to be brought in a separate document, so Kristek should have filed a singular motion to remand and a singular and separate response to each motion to dismiss. Second, Local Rule 7-3 limits motions to remand and responses to motions to dismiss to 24 pages. Each of Kristek's filings exceeds that limit: document 10 is 26 pages long #10 , and documents 14 and 25 are 31 pages each #14 #25 . Finally, there is no reason to file any particular type of request for relief multiple times, yet Kristek has filed her motion to remand in response to EACH of the defendants' motions to dismiss, for a total of three motions to remand #10 #14 #25 . Because defendants Travelers and Hartford have already responded to Kristek's overlength briefs with replies, striking those rule-violative filings would only serve to frustrate judicial economy and further crowd the docket in this case. However, 360 Insurance & Investments, LLC has not yet filed its reply in support of its motion to dismiss #17 . Accordingly, IT IS HEREBY ORDERED that Kristek's rule-violative Motion for Remand and Plaintiff's Response to Defendant 360 Insurance Agency's Motion to Dismiss #25 #26 is HEREBY STRUCK. Plaintiff has until 5 p.m. on 8/20/2020 to file an amended response to 360 Insurance's motion to dismiss #17 that does not exceed 24 pages. If she believes that yet another motion to remand is necessitated, she must file it in a separate document that does not exceed 24 pages by 5 p.m. on 8/20/2020, and she must state on the first page of that motion why a third motion to remand is warranted. (no image attached) (Copies have been distributed pursuant to the NEF - JAD) |
| Filing 26 STRICKEN per 27 Minute Order. (SLD) REPLY to #17 Motion to Dismiss, by Plaintiff Courtney Kristek. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Dolan, Courtney) Modified on 8/18/2020 (SLD). |
| Filing 25 STRICKEN per 27 Minute Order. (SLD) First MOTION FOR Remand by Plaintiff Courtney Kristek. Responses due by 8/31/2020. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Dolan, Courtney) Modified on 8/18/2020 (SLD). |
| Filing 24 RESPONSE to #10 Motion to Remand to Agency, by Defendant The Travelers Home & Marine Insurance Company. Replies due by 8/24/2020. (Reeves, William) |
| Filing 23 REPLY to Response to #6 Motion to Dismiss, by Defendant Hartford Accident & Indemnity Company. (Butterfield, Chad) |
| Filing 22 First STATUS REPORT by Plaintiff Courtney Kristek. (Attachments: #1 Exhibit) (Dolan, Courtney) |
| Filing 21 CLERK'S NOTICE. Attorney Action Required to ECF No. #20 Reply. Document was not filed pursuant to LR IC 2-2(c). The wrong event was selected. The title of the docket entry does not match the title of the document. ERROR: Document appears to be a Status Report. The document also has the incorrect attorney listed at the top of the document. Counsel is advised to correct and refile ECF No. #20 using the appropriate docket entry event. (no image attached) (EDS) |
| Filing 20 ERROR: Incorrect event selected and errors on document. Counsel advised to correct and refile. REPLY to #19 Status Report by Plaintiff Courtney Kristek. (Attachments: #1 Exhibit) (Dolan, Courtney) |
| Filing 19 STATUS REPORT by Defendant The Travelers Home & Marine Insurance Company. (Reeves, William) |
| Filing 18 CERTIFICATE of Interested Parties by 360 Insurance & Investments, LLC. There are no known interested parties other than those participating in the case (Nunez, Michael) |
| Filing 17 MOTION to Dismiss by Defendant 360 Insurance & Investments, LLC. Responses due by 8/25/2020. Discovery Plan/Scheduling Order due by 9/25/2020. (Nunez, Michael) 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. |
| Filing 16 REPLY to Response to #5 Motion to Dismiss by Defendant The Travelers Home & Marine Insurance Company. (Reeves, William) |
| Filing 15 RESPONSE to #6 Motion to Dismiss, by Plaintiff Courtney Kristek. Replies due by 8/14/2020. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Dolan, Courtney) |
| Filing 14 MOTION FOR Remand re #6 Motion to Dismiss, by Plaintiff Courtney Kristek. Responses due by 8/21/2020. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Dolan, Courtney) |
| Filing 13 RESPONSE REPLY to Response to #5 Motion to Dismiss by Plaintiff Courtney Kristek. Replies due by 8/12/2020. (Attachments: #1 Exhibit, #2 Exhibit) (Dolan, Courtney) Modified on 8/5/2020 to change event and add Reply deadline (SLD). |
| Filing 12 CLERK'S NOTICE. Attorney Action Required to ECF No. #10 . Document was not filed pursuant to LR IC 2-2(b) by attorney Courtney L. Dolan. For each type of relief requested or purpose, a separate document must be filed. Counsel is advised to refile ECF No. #10 along with the attachments to address the Opposition to Defendant's Motion to Dismiss using the event Response to Motion to be in compliance with LR IC 2-2(b) and LR IC 2-2(c). (no image attached) (SLD) |
| Filing 11 CLERK'S NOTICE regarding ECF No. #10 . Document was not filed pursuant to LR IC 2-2(c) by attorney Courtney L. Dolan. The wrong event was selected. The title of the docket entry does not match the title of the document. The Court has corrected and changed the event from Motion Miscellaneous to Motion Remand to State Agency. (no image attached) (SLD) |
| Filing 10 MOTION For Remand And Opposition to Defendant's Motion To Dismiss by Plaintiff Courtney Kristek. Responses due by 8/18/2020. (Attachments: #1 Exhibit, #2 Exhibit) (Dolan, Courtney) Modified on 8/4/2020 (SLD). |
| Filing 9 CERTIFICATE of Interested Parties by Courtney Kristek. There are no known interested parties other than those participating in the case (Dolan, Courtney) |
| Filing 8 NOTICE Setting Telephonic Hearing on #5 and #6 MOTIONS to Dismiss: Telephonic Motions Hearing set for 9/8/2020 at 02:30 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey.The parties are instructed to call 888-808-6929, enter the access code 2178469, and remain on the line until the Courtroom Administrator joins the call. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line. (no image attached) (DC) |
| Filing 7 CERTIFICATE of Interested Parties by Hartford Accident & Indemnity Company that identifies all parties that have an interest in the outcome of this case. Other Affiliate Hartford Fire Insurance Company, Other Affiliate Hartford Accident and Indemnity Company, Other Affiliate The Hartford Financial Services Group, Inc. for Hartford Accident & Indemnity Company added. (Butterfield, Chad) |
| Filing 6 MOTION to Dismiss by Defendant Hartford Accident & Indemnity Company. Responses due by 8/10/2020. Discovery Plan/Scheduling Order due by 9/10/2020. (Attachments: #1 Index of Exhibit, #2 Exhibit A) (Butterfield, Chad) 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. |
| Filing 5 MOTION to Dismiss by Defendant The Travelers Home & Marine Insurance Company. Responses due by 8/6/2020. (Attachments: #1 Declaration Dec. of W. Reeves (Exs. A-L)) (Reeves, William) |
| Filing 4 STATEMENT REGARDING REMOVAL by Defendant The Travelers Home & Marine Insurance Company. (Reeves, William) |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 7/16/2020. Statement regarding removed action is due by 7/31/2020. Joint Status Report regarding removed action is due by 8/15/2020. (Copies have been distributed pursuant to the NEF - DRS) |
| Filing 2 CERTIFICATE of Interested Parties by The Travelers Home & Marine Insurance Company that identifies all parties that have an interest in the outcome of this case. Corporate Parent Travelers Property Casualty Corp., Corporate Parent The Travelers Indemnity Company, Corporate Parent The Travelers Companies, Inc., Corporate Parent The Travelers Insurance Group Holdings, Inc. for The Travelers Home & Marine Insurance Company added. (Reeves, William) |
| Filing 1 PETITION FOR REMOVAL from Clark County District Court, Case Number A-20-817759-C, (Filing fee $ 400 receipt number 0978-6085610) by The Travelers Home & Marine Insurance Company. (Reeves, William) 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. |
| Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Daniel J. Albregts. (DRS) |
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