Smith v. Allstate Fire and Casualty Insurance Company et al
| Erika Smith |
| Allstate Northbrook Indemnity Company, Allstate Insurance Company, Allstate Vehicle and Property Insurance Company, Allstate Indemnity Company, Allstate Property and Casualty Insurance Company and Allstate Fire and Casualty Insurance Company |
| 2:2021cv00487 |
| March 24, 2021 |
| US District Court for the District of Nevada |
| Daniel J Albregts |
| Richard F Boulware |
| James C Mahan |
| Brenda Weksler |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 24, 2022. A more recent docket listing may be available from PACER.
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| Filing 52 TRANSCRIPT of Proceedings, 45 Order on Motion to Dismiss, Motion Hearing, held on 2/9/2022, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 6/14/2022. Redacted Transcript Deadline is set for 6/24/2022. Release of the Transcript Restriction is set for 8/22/2022. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG) |
Filing 51
ORDER Granting #50 Stipulation of Dismissal with Prejudice. Signed by Judge Richard F. Boulware, II on 5/4/2022. (Copies have been distributed pursuant to the NEF - YAW)
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| Filing 50 STIPULATION of Dismissal and Proposed Order by Defendants Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Northbrook Indemnity Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle and Property Insurance Company. (Hemming, Timothy) |
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Filing 49
ORDER granting #48 Stipulation; Amended Complaint deadline: 5/11/2022. Signed by Magistrate Judge Brenda Weksler on 3/11/2022. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 48 Amended STIPULATION FOR EXTENSION OF TIME (First Request) FOR PLAINTIFF TO FILE AMENDED COMPLAINT re #47 Order on Stipulation, by Plaintiff Erika Smith. (Eglet, Robert) |
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Filing 47
ORDER Denying without Prejudice #46 Stipulation to Extend Deadline to File an Amended Complaint. The parties have not provided a reason why they need such a lengthy extension for Plaintiff to file an amended complaint (such that the Court can determine whether good cause exists to grant the request). See LR 26-3. Signed by Magistrate Judge Brenda Weksler on 3/7/2022.(Copies have been distributed pursuant to the NEF - KF)
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| Filing 46 First STIPULATION FOR EXTENSION OF TIME (First Request) FOR PLAINTIFF TO FILE AMENDED COMPLAINT by Plaintiff Erika Smith. (Eglet, Robert) |
| Filing 45 MINUTES OF PROCEEDINGS - Motion Hearing held on 2/9/2022 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Matthew SHarp, Esq.; Def Counsel: Mark Hanover, Esq., Timothy Hemming, Esq., Jacqueline Giannini, Esq.; Court Reporter: Patty Gancfi; Time of Hearing: 11:08 AM - 11:17 AM; Courtroom: 7C; Counsel for the parties are present and appearing by videoconference. The Court makes preliminary statements and hears representations from the parties. For the reasons stated on the record, IT IS ORDERED that the #36 Motion to Dismiss is GRANTED. The Motion is GRANTED WITHOUT PREJUDICE with respect to the breach of implied covenant of good faith and fair dealing claim, tortious bad faith claim, and the Deceptive Trade Practices Act claim. Plaintiffs are granted leave to file an Amended Complaint with respect to those claims on or before Friday, March 11, 2022. The Motion is GRANTED WITH PREJUDICE as to all other claims. The transcript of the hearing will serve as the written Opinion and Order of the Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 44 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 1/7/2022. At the request and agreement of counsel for the parties, IT IS ORDERED that the Hearing regarding #36 First MOTION to Dismiss set for January 12, 2022 is Vacated and RESET for stacked hearing for February 9, 2022 at 10:00 AM in LV Courtroom 7C by videoconference appearance before Judge Richard F. Boulware, II. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) Modified time on 1/7/2022 (BEL). |
| Filing 43 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 1/5/2022. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that Hearing regarding #36 First MOTION to Dismiss is set for January 12, 2022 at 11:00 AM in LV Courtroom 7C by videoconference appearance before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding. IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", with information on how to participate in the video conference if necessary. IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
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Filing 42
ORDER Granting #41 Stipulation to Stay Discovery. Signed by Magistrate Judge Brenda Weksler on 8/9/2021. (Copies have been distributed pursuant to the NEF - JQC)
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| Filing 41 First STIPULATION Stay Discovery by Defendants Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Northbrook Indemnity Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle and Property Insurance Company. (Hemming, Timothy) |
| Filing 40 REPLY to Response to #36 Motion to Dismiss,, by Defendants Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Northbrook Indemnity Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle and Property Insurance Company. (Hemming, Timothy) |
| Filing 39 RESPONSE to #36 Motion to Dismiss,, by Plaintiff Erika Smith. Replies due by 6/21/2021. (Sharp, Matthew) |
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Filing 38
TRANSFER ORDER. IT IS ORDERED that 2:21-cv-00487-APG-DJA is transferred to District Judge Richard F. Boulware, II, and Magistrate Judge Brenda Weksler. IT IS FURTHER ORDERED that all documents shall be filed and shall bear the case number with District Judge Richard F. Boulware, II, and Magistrate Judge Brenda Weksler as assigned judges. Signed by Judge Andrew P. Gordon on 5/20/2021. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 37 ERRATA to #36 Motion to Dismiss,, by Defendants Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Northbrook Indemnity Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle and Property Insurance Company. (Attachments: #1 Exhibit A-Policy, #2 Exhibit B-NDOI Guidance, #3 Exhibit C-Filing, #4 Exhibit D-Filing) (Hemming, Timothy) |
| Filing 36 First MOTION to Dismiss #22 Order on Stipulation,,,, Set/Reset Deadlines & Hearings, by Defendants Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Northbrook Indemnity Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle and Property Insurance Company. Responses due by 5/28/2021. (Attachments: #1 Exhibit A-Policy, #2 Exhibit B-NDOI Guidance, #3 Exhibit C-Filing, #4 Exhibit D-Filing) (Hemming, Timothy) |
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Filing 35
ORDER granting #34 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Mark L Hanover for all named defendants and approving Designation of Local Counsel Timothy O. Hemming. Signed by Judge Andrew P. Gordon on 5/14/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - DRS)
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| Filing 34 First MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Mark L. Hanover and DESIGNATION of Local Counsel Timothy O. Hemming (Filing fee $ 250 receipt number 0978-6486243) by Defendants Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Northbrook Indemnity Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle and Property Insurance Company. (Hemming, Timothy) |
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Filing 33
ORDER Granting #32 Notice of Death of Counsel for Defendant. Attorney Richard L. Fenton removed as counsel of record. Signed by Magistrate Judge Daniel J. Albregts on 5/12/2021. (Copies have been distributed pursuant to the NEF - YAW)
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| Filing 32 NOTICE of Death of Counsel for Defendant by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Northbrook Indemnity Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle and Property Insurance Company. (Hemming, Timothy) |
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Filing 31
ORDER Granting #17 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Jacqueline Giannini for Defendants and approving Designation of Local Counsel Timothy Owen Hemming. Signed by Judge Andrew P. Gordon on 4/30/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - MR)
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Filing 30
ORDER Vacating 28 Minute Order. Signed by Judge Andrew P. Gordon on 4/29/2021. (Copies have been distributed pursuant to the NEF - MR)
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Filing 29
ORDER granting #16 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Richard L. Fenton and DESIGNATION of Local Counsel Timothy O. Hemming. Signed by Judge Andrew P. Gordon on 4/29/2021. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - DRS)
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| Filing 28 VACATED per #30 Order. (MR) MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 4/29/2021. Re: #17 Motion for Permission to Practice Pro Hac Vice - Verified Petition. Verified Petition does not comply with LR IA 11-2(a). Certificate of Good Standing is missing from the Petition. Counsel is advised to remedy the deficiency and refile Petition under event Notice of Corrected Image linking to #17 by 5/28/2021. Failure to comply will result in denial of the Petition. (no image attached) (Copies have been distributed pursuant to the NEF - KSR) |
| Filing 27 CLERK'S NOTICE that this case is randomly reassigned to Judge Andrew P. Gordon for all further proceedings. All further documents must bear the correct case number 2:21-cv-00487-APG-DJA. (no image attached) (EDS) |
| Filing 26 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 4/28/2021. With good cause appearing, the Honorable Judge James C. Mahan recuses himself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - NEV) |
| Filing 25 Joint STATUS REPORT by Defendants Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Northbrook Indemnity Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle and Property Insurance Company. (Hemming, Timothy) |
| Filing 24 REPLY to #18 Notice of Related Cases by Plaintiff Erika Smith. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Eglet, Robert) |
| Filing 23 RESPONSE to #18 Notice of Related Cases by Defendants Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Northbrook Indemnity Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle and Property Insurance Company. (Hemming, Timothy) |
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Filing 22
ORDER granting #21 Stipulation. IT IS ORDERED that Defendants' Motion to Dismiss is due on or before May 14, 2021; Plaintiff's Opposition to Defendants' Motion to Dismiss is due on or before June 14, 2021; Defendants' Reply in Support of Their Motion to Dismiss is due on or before July 9, 2021. Signed by Judge James C. Mahan on 4/14/2021. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 21 First STIPULATION FOR EXTENSION OF TIME (First Request) regarding Motion to Dismiss Briefing Schedule by Defendants Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Northbrook Indemnity Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle and Property Insurance Company. (Hemming, Timothy) |
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Filing 20
ORDER granting #19 Motion to Substitute Attorney - Attorney Mercedes Silvia Menendez terminated. Signed by Magistrate Judge Daniel J. Albregts on 4/12/2021.(Copies have been distributed pursuant to the NEF - DRS)
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| Filing 19 MOTION to Substitute Attorney Elijah L. Milne in for Attorney Mercedes Menendez by Defendants Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Northbrook Indemnity Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle and Property Insurance Company. (Milne, Eli) |
| Filing 18 NOTICE OF RELATED CASES 2:21-cv-00440 & 2:21-cv-00400 by Plaintiff Erika Smith. (Eglet, Robert) Modified on 4/9/2021 to remove duplicate text (MMM). |
| Filing 17 First MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jacqueline A. Giannini and DESIGNATION of Local Counsel Timothy O. Hemming (Filing fee $ 250 receipt number 0978-6439089) by Defendants Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Northbrook Indemnity Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle and Property Insurance Company. (Hemming, Timothy) |
| Filing 16 First MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Richard L. Fenton and DESIGNATION of Local Counsel Timothy O. Hemming (Filing fee $ 250 receipt number 0978-6438988) by Defendants Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Northbrook Indemnity Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle and Property Insurance Company. (Hemming, Timothy) |
| Filing 15 NOTICE of Appearance by attorney Timothy Owen Hemming on behalf of Defendants Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Northbrook Indemnity Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle and Property Insurance Company. (Hemming, Timothy) |
| Filing 14 NOTICE Pursuant to LR IA 11-1(b)(2) by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Northbrook Indemnity Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle and Property Insurance Company. (Hemming, Timothy) |
| Filing 13 STATEMENT REGARDING REMOVAL by Defendants Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Northbrook Indemnity Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle and Property Insurance Company. (Hemming, Timothy) |
| Filing 12 Summons Issued as to Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Northbrook Indemnity Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle and Property Insurance Company re #1 Petition for Removal. (HAM) |
| Filing 11 PROPOSED SUMMONS to be issued ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY by Plaintiff Erika Smith. (Eglet, Robert) |
| Filing 10 PROPOSED SUMMONS to be issued ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY by Plaintiff Erika Smith. (Eglet, Robert) |
| Filing 9 PROPOSED SUMMONS to be issued ALLSTATE NORTHBROOK INDEMNITY COMPANY by Plaintiff Erika Smith. (Eglet, Robert) |
| Filing 8 PROPOSED SUMMONS to be issued ALLSTATE INSURANCE COMPANY by Plaintiff Erika Smith. (Eglet, Robert) |
| Filing 7 PROPOSED SUMMONS to be issued ALLSTATE INDEMNITY COMPANY by Plaintiff Erika Smith. (Eglet, Robert) |
| Filing 6 PROPOSED SUMMONS to be issued Allstate Fire and Casualty Insurance Company by Plaintiff Erika Smith. (Eglet, Robert) |
| Filing 5 ERROR NOTICE to counsel re filing of #4 Certificate of Interested Parties. All interested parties were not properly entered on the docket. Attorney Mercedes S. Menendez advised that in the future, Certificates of Interested Parties filed with the District of Nevada shall be filed in accordance with FRCP 7.1 and LR 7.1-1, and shall enter on the docket all persons, associations of person, firms, partnerships or corporations (including parent corporations) which have a direct pecuniary interest in the outcome of the case. Do NOT refile. (no image attached) (MMM) |
| Filing 4 CERTIFICATE of Interested Parties by Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Northbrook Indemnity Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle and Property Insurance Company. There are no known interested parties other than those participating in the case Corporate Parents Allstate Insurance Holdings, LLC and The Allstate Corporation added for Allstate Fire and Casualty Insurance Company, Allstate Indemnity Company, Allstate Insurance Company, Allstate Northbrook Indemnity Company, Allstate Property and Casualty Insurance Company, Allstate Vehicle and Property Insurance Company. (Menendez, Mercedes) Modified on 3/31/2021 (MMM). |
| Filing 3 DEMAND for Trial by Jury by Plaintiff Erika Smith. (Sharp, Matthew) |
| Filing 2 MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 3/24/2021. Statement regarding removed action is due by 4/8/2021. Joint Status Report regarding removed action is due by 4/23/2021. (Copies have been distributed pursuant to the NEF - DRS) |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Nevada, Case Number A-21-829912-B, (Filing fee $ 402 receipt number 0978-6419122) by Allstate property and causalty insurance company, Allstate Insurance Company, Allstate Indemnity Company, Allstate Vehicle and Property Insurance Company, Allstate Fire and Casualty Insurance Company, Allstate Northbrook Indemnity Company. Proof of service due by 5/24/2021. (Attachments: #1 Exhibit A complaint, #2 Civil Cover Sheet cover sheet) (Menendez, Mercedes) 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 James C. Mahan and Magistrate Judge Daniel J. Albregts. (DRS) |
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