Midvale Indemnity Company v. AMS Management Group, LLC et al
| Midvale Indemnity Company |
| AMS Management Group, LLC, Anniversary Mining Claims, LLC, Robert Ford and Ed Cisneros |
| 2:2020cv01927 |
| October 16, 2020 |
| US District Court for the District of Nevada |
| Gloria M Navarro |
| Brenda Weksler |
| Insurance |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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This docket was last retrieved on November 20, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 RESPONSE to 4 Minute Order,,,,, by Plaintiff Midvale Indemnity Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Parker III, Theodore) |
| Filing 4 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 11/9/2020. Before the Court is Plaintiff Midvale Indemnity Company's ("Plaintiff's") #1 Complaint for a declaratory judgment that it has no duty to defend AMS Management Group ("Defendant") in its ongoing state-court litigation. (See Compl., ECF No. #1 ). The Complaint alleges that this Court has diversity jurisdiction over the case. (See Compl. 2:23-25, ECF No. #1 ). In alleging the amount in controversy, Plaintiff provides the total value, $2,000,000.00 in the aggregate, of the insurance policy Defendant holds with Plaintiff. (See Compl. 4:4-5, ECF No. #1 ). However, in a duty to defend case, the amount in controversy is determined by the value of the underlying lawsuit, not the value of the policy. See Budget Rent-A-Car, Inc. v. Higashiguchi, 109 F.3d 1471, 1473 (9th Cir. 1997). Accordingly, IT IS HEREBY ORDERED that Plaintiff show cause as to why the Court should not dismiss this action for lack of subject matter jurisdiction. Plaintiff shall have until November 20, 2020, to file a brief, not to exceed ten pages, demonstrating that the Court has subject-matter jurisdiction over this action. Failure to timely comply with this Order will result in the case being dismissed without prejudice.(Copies have been distributed pursuant to the NEF - NY) |
| Filing 3 Summons Issued as to Anniversary Mining Claims, LLC, Ed Cisneros, Robert Ford. (JM) |
| Filing 2 STANDING ORDER. This case has been assigned to the Honorable Judge Gloria M. Navarro. Judge Navarro's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - JM) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $400 receipt number 0978-6216408) by Midvale Indemnity Company. Proof of service due by 1/14/2021. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Civil Cover Sheet) (Parker III, Theodore) 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 Gloria M. Navarro and Magistrate Judge Brenda Weksler. (JM) |
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