Smith v. Allstate Fire and Casualty Insurance Company et al
Plaintiff: Erika Smith
Defendant: 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
Case Number: 2:2021cv00487
Filed: March 24, 2021
Court: US District Court for the District of Nevada
Presiding Judge: Daniel J Albregts
Referring Judge: Richard F Boulware
2 Judge: James C Mahan
3 Judge: Brenda Weksler
Nature of Suit: Contract: Other
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 21, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 21, 2021 Opinion or Order 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)
May 14, 2021 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)
May 14, 2021 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)
May 14, 2021 Opinion or Order 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)
May 13, 2021 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)
May 12, 2021 Opinion or Order 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)
May 11, 2021 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)
April 30, 2021 Opinion or Order 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)
April 29, 2021 Opinion or Order 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)
April 29, 2021 Opinion or Order 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)
April 29, 2021 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)
April 28, 2021 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)
April 28, 2021 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)
April 26, 2021 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)
April 20, 2021 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)
April 16, 2021 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)
April 14, 2021 Opinion or Order 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)
April 13, 2021 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)
April 12, 2021 Opinion or Order 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)
April 9, 2021 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)
April 8, 2021 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).
April 8, 2021 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)
April 8, 2021 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)
April 8, 2021 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)
April 8, 2021 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)
April 8, 2021 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)
April 1, 2021 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)
April 1, 2021 Filing 11 PROPOSED SUMMONS to be issued ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY by Plaintiff Erika Smith. (Eglet, Robert)
April 1, 2021 Filing 10 PROPOSED SUMMONS to be issued ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY by Plaintiff Erika Smith. (Eglet, Robert)
April 1, 2021 Filing 9 PROPOSED SUMMONS to be issued ALLSTATE NORTHBROOK INDEMNITY COMPANY by Plaintiff Erika Smith. (Eglet, Robert)
April 1, 2021 Filing 8 PROPOSED SUMMONS to be issued ALLSTATE INSURANCE COMPANY by Plaintiff Erika Smith. (Eglet, Robert)
April 1, 2021 Filing 7 PROPOSED SUMMONS to be issued ALLSTATE INDEMNITY COMPANY by Plaintiff Erika Smith. (Eglet, Robert)
April 1, 2021 Filing 6 PROPOSED SUMMONS to be issued Allstate Fire and Casualty Insurance Company by Plaintiff Erika Smith. (Eglet, Robert)
March 31, 2021 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)
March 30, 2021 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).
March 25, 2021 Filing 3 DEMAND for Trial by Jury by Plaintiff Erika Smith. (Sharp, Matthew)
March 24, 2021 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)
March 24, 2021 Case randomly assigned to Judge James C. Mahan and Magistrate Judge Daniel J. Albregts. (DRS)
March 24, 2021 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.

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Search for this case: Smith v. Allstate Fire and Casualty Insurance Company et al
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Defendant: Allstate Northbrook Indemnity Company
Represented By: Mercedes Silvia Menendez
Represented By: Eli Milne
Represented By: Mark L Hanover
Represented By: Jacqueline Giannini
Represented By: Michael D. Rawlins
Represented By: Timothy Owen Hemming
Represented By: Richard Fenton
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Defendant: Allstate Insurance Company
Represented By: Mercedes Silvia Menendez
Represented By: Eli Milne
Represented By: Mark L Hanover
Represented By: Jacqueline Giannini
Represented By: Michael D. Rawlins
Represented By: Timothy Owen Hemming
Represented By: Richard Fenton
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Defendant: Allstate Vehicle and Property Insurance Company
Represented By: Mercedes Silvia Menendez
Represented By: Eli Milne
Represented By: Mark L Hanover
Represented By: Jacqueline Giannini
Represented By: Michael D. Rawlins
Represented By: Timothy Owen Hemming
Represented By: Richard Fenton
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Defendant: Allstate Indemnity Company
Represented By: Mercedes Silvia Menendez
Represented By: Eli Milne
Represented By: Mark L Hanover
Represented By: Jacqueline Giannini
Represented By: Michael D. Rawlins
Represented By: Timothy Owen Hemming
Represented By: Richard Fenton
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Defendant: Allstate Property and Casualty Insurance Company
Represented By: Mercedes Silvia Menendez
Represented By: Eli Milne
Represented By: Mark L Hanover
Represented By: Jacqueline Giannini
Represented By: Michael D. Rawlins
Represented By: Timothy Owen Hemming
Represented By: Richard Fenton
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Defendant: Allstate Fire and Casualty Insurance Company
Represented By: Mercedes Silvia Menendez
Represented By: Eli Milne
Represented By: Mark L Hanover
Represented By: Jacqueline Giannini
Represented By: Michael D. Rawlins
Represented By: Timothy Owen Hemming
Represented By: Richard Fenton
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Plaintiff: Erika Smith
Represented By: Matthew L. Sharp
Represented By: Robert T Eglet
Represented By: Cassandra Cummings
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